Amended in Senate August 19, 2016

Amended in Senate August 17, 2016

Amended in Senate August 15, 2016

Amended in Assembly May 31, 2016

Amended in Assembly April 5, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1762


Introduced by Assembly Member Campos

(Principal coauthors: Assembly Members Santiago and Weber)

February 2, 2016


An act to amend Sections 8712, 8811, and 8908 of the Family Code, and to amend Sections 236.1 and 11105 of, to add Sections 236.24 and 236.25 to, and to repeal Section 1203.49 of, the Penal Code, relating to human trafficking.

LEGISLATIVE COUNSEL’S DIGEST

AB 1762, as amended, Campos. Human trafficking: victims: vacating convictions.

(1) Under existing law, as amended by Proposition 35, an initiative measure approved by the voters at the November 6, 2012, statewide general election, a person who deprives or violate another person’s personal liberty with the intent to obtain forced labor or services or who deprives or violates another person’s personal liberty for the purpose of prostitution or sexual exploitation is guilty of human trafficking, a felony. Proposition 35 provides that it may be amended by a statute in furtherance of its objectives by a majority of the membership of each house of the Legislature concurring.

Existing law allows a court to issue an order to set aside a verdict of guilty and dismiss an accusation or information against a defendant who has been convicted of solicitation or prostitution if the defendant has completed any term of probation for that conviction and if he or she can establish by clear and convincing evidence that the conviction was a result of his or her status as a victim of human trafficking.

This bill would instead allow an individual convicted of a nonviolent crime that was a direct result of the individual being a human trafficking victim to apply to the court to vacate the conviction if the individual is not then in custody and has either not been convicted of any crime for two years or has successfully completed probation for the crime. The bill would allow an individual adjudicated a ward of the juvenile court as the result of a nonviolent crime committed while he or she was a human trafficking victim to apply to have the petition dismissed if the individual has not had a sustained petition for any crime or been convicted of any crime for one year prior to the date of application. The bill would specify various court procedures for adjudication of an application. If the application is granted, the bill would require the court to have all records in the casebegin delete sealedend deletebegin insert sealed, except as specified,end insert and to release the defendant from all penalties and disabilities, as provided. The bill would define “human trafficking victim” and “nonviolent crime” for these purposes.

The bill would require the individual applying for vacatur to submit the application and all evidence in support of the application under penalty of perjury. By expanding the crime of perjury, this bill would impose a state-mandated local program.

(2) Existing law requires the Attorney General to compile and disseminate state summary criminal history information pertaining to the identification and criminal history of any person.

This bill would require the state summary criminal history information to exclude any charge or conviction for which relief has been granted pursuant to the provisions of this bill.

(3) This bill would incorporate additional changes to Section 8712 of the Family Code, proposed by AB 1997, that would become operative only if this bill and AB 1997 are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.

(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 8712 of the Family Code is amended to
2read:

3

8712.  

(a) The department, county adoption agency, or licensed
4adoption agency shall require each person who files an application
5for adoption to be fingerprinted and shall secure from an
6appropriate law enforcement agency any criminal record of that
7person to determine whether the person has ever been convicted
8of a crime other than a minor traffic violation. The department,
9county adoption agency, or licensed adoption agency may also
10secure the person’s full criminal record, if any. Any federal-level
11criminal offender record requests to the Department of Justice
12shall be submitted with fingerprint images and related information
13required by the Department of Justice for the purposes of obtaining
14information as to the existence and content of a record of an
15out-of-state or federal conviction or arrest of a person or
16information regarding any out-of-state or federal crimes or arrests
17for which the Department of Justice establishes that the person is
18free on bail, or on his or her own recognizance pending trial or
19appeal. The Department of Justice shall forward to the Federal
20Bureau of Investigation any requests for federal summary criminal
21history information received pursuant to this section. The
22Department of Justice shall review the information returned from
23the Federal Bureau of Investigation and shall compile and
24disseminate a response to the department, county adoption agency,
25or licensed adoption agency.

26(b) Notwithstanding subdivision (c), the criminal record, if any,
27shall be taken into consideration when evaluating the prospective
28adoptive parent, and an assessment of the effects of any criminal
29history on the ability of the prospective adoptive parent to provide
P4    1adequate and proper care and guidance to the child shall be
2included in the report to the court.

3(c) (1) The department, county adoption agency, or licensed
4adoption agency shall not give final approval for an adoptive
5placement in any home in which the prospective adoptive parent
6or any adult living in the prospective adoptive home has either of
7the following:

8(A) A felony conviction for child abuse or neglect, spousal
9abuse, crimes against a child, including child pornography, or for
10a crime involving violence, including rape, sexual assault, or
11homicide, but not including other physical assault and battery. For
12purposes of this subdivision, crimes involving violence means
13those violent crimes contained in clause (i) of subparagraph (A),
14and subparagraph (B), of paragraph (1) of subdivision (g) of
15Section 1522 of the Health and Safety Code.

16(B) A felony conviction that occurred within the last five years
17for physical assault, battery, or a drug- or alcohol-related offense.

18(2) This subdivision shall become operative on October 1, 2008,
19and shall remain operative only to the extent that compliance with
20its provisions is required by federal law as a condition of receiving
21funding under Title IV-E of the federal Social Security Act (42
22U.S.C. Sec. 670 et seq.).

23(d) Any fee charged by a law enforcement agency for
24fingerprinting or for checking or obtaining the criminal record of
25the applicant shall be paid by the applicant. The department, county
26adoption agency, or licensed adoption agency may defer, waive,
27or reduce the fee when its payment would cause economic hardship
28to prospective adoptive parents detrimental to the welfare of the
29adopted child, when the child has been in the foster care of the
30prospective adoptive parents for at least one year, or if necessary
31for the placement of a special-needs child.

32

SEC. 1.5.  

Section 8712 of the Family Code is amended to read:

33

8712.  

(a) (1) The department, county adoption agency, or
34licensed adoption agency shall require each person who files an
35application for adoption to be fingerprinted and shall secure from
36an appropriate law enforcement agency any criminal record of that
37person to determine whether the person has ever been convicted
38of a crime other than a minor traffic violation. The department,
39county adoption agency, or licensed adoption agency may also
40secure the person’s full criminal record, if any. Any federal-level
P5    1criminal offender record requests to the Department of Justice
2shall be submitted with fingerprint images and related information
3required by the Department of Justice for the purposes of obtaining
4information as to the existence and content of a record of an
5out-of-state or federal conviction or arrest of a person or
6information regarding any out-of-state or federal crimes or arrests
7for which the Department of Justice establishes that the person is
8free on bail, or on his or her own recognizance pending trial or
9appeal. The Department of Justice shall forward to the Federal
10Bureau of Investigation any requests for federal summary criminal
11history information received pursuant to this section. The
12Department of Justice shall review the information returned from
13the Federal Bureau of Investigation and shall compile and
14disseminate a response to the department, county adoption agency,
15or licensed adoption agency.

16(2) The department, county adoption agency, or licensed
17adoption agency may obtain arrest or conviction records or reports
18from any law enforcement agency as necessary to the performance
19of its duties, as provided in this section.

20(b) Notwithstanding subdivision (c), the criminal record, if any,
21shall be taken into consideration when evaluating the prospective
22adoptive parent, and an assessment of the effects of any criminal
23history on the ability of the prospective adoptive parent to provide
24adequate and proper care and guidance to the child shall be
25included in the report to the court.

26(c) (1) The department, county adoption agency, or licensed
27adoption agency shall not give final approval for an adoptive
28placement in any home in which the prospective adoptive parent
29or any adult living in the prospective adoptive home has either of
30the following:

31(A) A felony conviction for child abuse or neglect, spousal
32abuse, crimes against a child, including child pornography, or for
33a crime involving violence, including rape, sexual assault, or
34homicide, but not including other physical assault and battery. For
35purposes of this subdivision, crimes involving violence means
36those violent crimes contained in clause (i) of subparagraph (A),
37and subparagraph (B), of paragraph (1) of subdivision (g) of
38Section 1522 of the Health and Safety Code.

39(B) A felony conviction that occurred within the last five years
40for physical assault, battery, or a drug- or alcohol-related offense.

P6    1(2) This subdivision shall become operative on October 1, 2008,
2and shall remain operative only to the extent that compliance with
3its provisions is required by federal law as a condition of receiving
4funding under Title IV-E of the federal Social Security Act (42
5U.S.C. Sec. 670 et seq.).

6(d) Any fee charged by a law enforcement agency for
7fingerprinting or for checking or obtaining the criminal record of
8the applicant shall be paid by the applicant. The department, county
9adoption agency, or licensed adoption agency may defer, waive,
10or reduce the fee when its payment would cause economic hardship
11to prospective adoptive parents detrimental to the welfare of the
12adopted child, when the child has been in the foster care of the
13prospective adoptive parents for at least one year, or if necessary
14for the placement of a special-needs child.

15

SEC. 2.  

Section 8811 of the Family Code is amended to read:

16

8811.  

(a) The department or delegated county adoption agency
17shall require each person who files an adoption petition to be
18fingerprinted and shall secure from an appropriate law enforcement
19agency any criminal record of that person to determine whether
20the person has ever been convicted of a crime other than a minor
21traffic violation. The department or delegated county adoption
22agency may also secure the person’s full criminal record, if any.
23Any federal-level criminal offender record requests to the
24Department of Justice shall be submitted with fingerprint images
25and related information required by the Department of Justice for
26the purposes of obtaining information as to the existence and
27content of a record of an out-of-state or federal conviction or arrest
28of a person or information regarding any out-of-state or federal
29crimes or arrests for which the Department of Justice establishes
30that the person is free on bail, or on his or her own recognizance
31pending trial or appeal. The Department of Justice shall forward
32to the Federal Bureau of Investigation any requests for federal
33summary criminal history information received pursuant to this
34section. The Department of Justice shall review the information
35returned from the Federal Bureau of Investigation and shall compile
36and disseminate a response to the department or delegated county
37adoption agency.

38(b) Notwithstanding subdivision (c), the criminal record, if any,
39shall be taken into consideration when evaluating the prospective
40adoptive parent, and an assessment of the effects of any criminal
P7    1history on the ability of the prospective adoptive parent to provide
2adequate and proper care and guidance to the child shall be
3included in the report to the court.

4(c) (1) The department or a delegated county adoption agency
5shall not give final approval for an adoptive placement in any home
6in which the prospective adoptive parent or any adult living in the
7prospective adoptive home has either of the following:

8(A) A felony conviction for child abuse or neglect, spousal
9abuse, crimes against a child, including child pornography, or for
10a crime involving violence, including rape, sexual assault, or
11homicide, but not including other physical assault and battery. For
12purposes of this subdivision, crimes involving violence means
13those violent crimes contained in clause (i) of subparagraph (A),
14and subparagraph (B), of paragraph (1) of subdivision (g) of
15Section 1522 of the Health and Safety Code.

16(B) A felony conviction that occurred within the last five years
17for physical assault, battery, or a drug- or alcohol-related offense.

18(2) This subdivision shall become operative on October 1, 2008,
19and shall remain operative only to the extent that compliance with
20its provisions is required by federal law as a condition of receiving
21funding under Title IV-E of the federal Social Security Act (42
22U.S.C. 670 et seq.).

23(d) Any fee charged by a law enforcement agency for
24fingerprinting or for checking or obtaining the criminal record of
25the petitioner shall be paid by the petitioner. The department or
26delegated county adoption agency may defer, waive, or reduce the
27fee when its payment would cause economic hardship to the
28prospective adoptive parents detrimental to the welfare of the
29adopted child, when the child has been in the foster care of the
30prospective adoptive parents for at least one year, or if necessary
31for the placement of a special-needs child.

32

SEC. 3.  

Section 8908 of the Family Code is amended to read:

33

8908.  

(a) A licensed adoption agency shall require each person
34filing an application for adoption to be fingerprinted and shall
35secure from an appropriate law enforcement agency any criminal
36record of that person to determine whether the person has ever
37been convicted of a crime other than a minor traffic violation. The
38licensed adoption agency may also secure the person’s full criminal
39record, if any. Any federal-level criminal offender record requests
40to the Department of Justice shall be submitted with fingerprint
P8    1images and related information required by the Department of
2Justice for the purposes of obtaining information as to the existence
3and content of a record of an out-of-state or federal conviction or
4arrest of a person or information regarding any out-of-state or
5federal crimes or arrests for which the Department of Justice
6establishes that the person is free on bail, or on his or her own
7recognizance pending trial or appeal. The Department of Justice
8shall forward to the Federal Bureau of Investigation any requests
9for federal summary criminal history information received pursuant
10to this section. The Department of Justice shall review the
11information returned from the Federal Bureau of Investigation and
12shall compile and disseminate a fitness determination to the
13licensed adoption agency.

14(b) Notwithstanding subdivision (c), the criminal record, if any,
15shall be taken into consideration when evaluating the prospective
16adoptive parent, and an assessment of the effects of any criminal
17history on the ability of the prospective adoptive parent to provide
18adequate and proper care and guidance to the child shall be
19included in the report to the court.

20(c) (1) A licensed adoption agency shall not give final approval
21for an adoptive placement in any home in which the prospective
22adoptive parent, or any adult living in the prospective adoptive
23home, has a felony conviction for either of the following:

24(A) Any felony conviction for child abuse or neglect, spousal
25abuse, crimes against a child, including child pornography, or for
26a crime involving violence, including rape, sexual assault, or
27homicide, but not including other physical assault and battery. For
28purposes of this subdivision, crimes involving violence means
29those violent crimes contained in clause (i) of subparagraph (A),
30and subparagraph (B), of paragraph (1) of subdivision (g) of
31Section 1522 of the Health and Safety Code.

32(B) A felony conviction that occurred within the last five years
33for physical assault, battery, or a drug- or alcohol-related offense.

34(2) This subdivision shall become operative on October 1, 2008,
35and shall remain operative only to the extent that compliance with
36its provisions is required by federal law as a condition of receiving
37funding under Title IV-E of the federal Social Security Act (42
38U.S.C. 670 et seq.).

39(d) Any fee charged by a law enforcement agency for
40fingerprinting or for checking or obtaining the criminal record of
P9    1the applicant shall be paid by the applicant. The licensed adoption
2agency may defer, waive, or reduce the fee when its payment would
3cause economic hardship to the prospective adoptive parents
4detrimental to the welfare of the adopted child.

5

SEC. 4.  

Section 236.1 of the Penal Code is amended to read:

6

236.1.  

(a) A person who deprives or violates the personal
7liberty of another with the intent to obtain forced labor or services,
8is guilty of human trafficking and shall be punished by
9imprisonment in the state prison for 5, 8, or 12 years and a fine of
10not more than five hundred thousand dollars ($500,000).

11(b) A person who deprives or violates the personal liberty of
12another with the intent to effect or maintain a violation of Section
13266, 266h, 266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5,
14311.6, or 518 is guilty of human trafficking and shall be punished
15by imprisonment in the state prison for 8, 14, or 20 years and a
16fine of not more than five hundred thousand dollars ($500,000).

17(c) A person who causes, induces, or persuades, or attempts to
18cause, induce, or persuade, a person who is a minor at the time of
19commission of the offense to engage in a commercial sex act, with
20the intent to effect or maintain a violation of Section 266, 266h,
21266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, or 518
22is guilty of human trafficking. A violation of this subdivision is
23punishable by imprisonment in the state prison as follows:

24(1) Five, 8, or 12 years and a fine of not more than five hundred
25thousand dollars ($500,000).

26(2) Fifteen years to life and a fine of not more than five hundred
27thousand dollars ($500,000) when the offense involves force, fear,
28fraud, deceit, coercion, violence, duress, menace, or threat of
29unlawful injury to the victim or to another person.

30(d) In determining whether a minor was caused, induced, or
31persuaded to engage in a commercial sex act, the totality of the
32circumstances, including the age of the victim, his or her
33relationship to the trafficker or agents of the trafficker, and any
34handicap or disability of the victim, shall be considered.

35(e) Consent by a victim of human trafficking who is a minor at
36the time of the commission of the offense is not a defense to a
37criminal prosecution under this section.

38(f) Mistake of fact as to the age of a victim of human trafficking
39who is a minor at the time of the commission of the offense is not
40a defense to a criminal prosecution under this section.

P10   1(g) The Legislature finds that the definition of human trafficking
2in this section is equivalent to the federal definition of a severe
3form of trafficking found in Section 7102(9) of Title 22 of the
4United States Code.

5(h) For purposes of this chapter, the following definitions apply:

6(1) “Coercion” includes a scheme, plan, or pattern intended to
7cause a person to believe that failure to perform an act would result
8in serious harm to or physical restraint against any person; the
9abuse or threatened abuse of the legal process; debt bondage; or
10providing and facilitating the possession of a controlled substance
11to a person with the intent to impair the person’s judgment.

12(2) “Commercial sex act” means sexual conduct on account of
13which anything of value is given or received by a person.

14(3) “Deprivation or violation of the personal liberty of another”
15includes substantial and sustained restriction of another’s liberty
16accomplished through force, fear, fraud, deceit, coercion, violence,
17duress, menace, or threat of unlawful injury to the victim or to
18another person, under circumstances where the person receiving
19or apprehending the threat reasonably believes that it is likely that
20the person making the threat would carry it out.

21(4) “Duress” includes a direct or implied threat of force,
22violence, danger, hardship, or retribution sufficient to cause a
23reasonable person to acquiesce in or perform an act which he or
24she would otherwise not have submitted to or performed; a direct
25or implied threat to destroy, conceal, remove, confiscate, or possess
26 an actual or purported passport or immigration document of the
27victim; or knowingly destroying, concealing, removing,
28confiscating, or possessing an actual or purported passport or
29immigration document of the victim.

30(5) “Forced labor or services” means labor or services that are
31performed or provided by a person and are obtained or maintained
32through force, fraud, duress, or coercion, or equivalent conduct
33that would reasonably overbear the will of the person.

34(6) “Great bodily injury” means a significant or substantial
35physical injury.

36(7) “Human trafficking victim” means a person who is a victim
37of any of the acts described in subdivision (a), (b), or (c).

38(8) “Minor” means a person less than 18 years of age.

39(9) “Serious harm” includes any harm, whether physical or
40nonphysical, including psychological, financial, or reputational
P11   1harm, that is sufficiently serious, under all the surrounding
2circumstances, to compel a reasonable person of the same
3background and in the same circumstances to perform or to
4continue performing labor, services, or commercial sexual acts in
5order to avoid incurring that harm.

6(10) “Nonviolent crime” means any crime or offense other than
7murder, attempted murder, voluntary manslaughter, mayhem,
8kidnapping, rape, robbery, arson, carjacking, or any other violent
9felony as defined in subdivision (c) of Section 667.5.

10(i) The total circumstances, including the age of the victim, the
11relationship between the victim and the trafficker or agents of the
12trafficker, and any handicap or disability of the victim, shall be
13factors to consider in determining the presence of “deprivation or
14violation of the personal liberty of another,” “duress,” and
15“coercion” as described in this section.

16

SEC. 5.  

Section 236.24 is added to the Penal Code, to read:

17

236.24.  

(a) An individual convicted of a nonviolent crime
18committed while that individual was a human trafficking victim
19may apply to the court in which the conviction was entered to
20vacate the conviction if the individual is not in custody and has
21either not been convicted of any crime for the two years
22immediately preceding the application or has successfully
23completed probation for the nonviolent crime. The court may grant
24the application on a finding that the applicant’s participation in
25the nonviolent crime was a direct result of the applicant being a
26human trafficking victim.

27(b) The court may, with the agreement of the applicant and all
28involved state or local prosecutorial agencies, consolidate into one
29hearing a petition with respect to multiple convictions from
30different jurisdictions.

31(c) Subject to subdivision (d), the application shall identify the
32applicant, the offense for which vacatur is sought, and the court
33in which the conviction was entered. The applicant shall describe
34in the application, which shall be submitted under penalty of
35perjury, all the available grounds and evidence for vacatur of the
36conviction known to the applicant.

37(d) To maintain the confidentiality of the applicant’s status as
38a human trafficking victim, the application may be filed identifying
39the applicant by initials in any publicly available filing relating to
40the application. The applicant shall submit all evidence under
P12   1penalty of perjury supporting the application that contains personal
2identifying information to the court under seal along with a
3statement under penalty of perjury confirming his or her identity.

4(e) The application and all supporting evidence, including,
5without limitation, the identity statement and evidence submitted
6under penalty of perjury and under seal, shall be served on the
7state or local prosecutorial agency that obtained the conviction for
8which the applicant seeks vacatur. The state or local prosecutorial
9agency shall have 45 days for the date of receipt of service to
10oppose the application.

11(f) If opposition to the application is not filed by the applicable
12state or local prosecutorial agency, the court shall deem the
13application unopposed and shall grant the application. If the
14application is opposed, the court shall hold a hearing on the
15application, at which time the applicant may be required to testify.

16(g) If the court finds, based on clear and convincing evidence,
17that the applicant’s participation in the nonviolent crime was a
18direct result of the applicant being a victim of human trafficking,
19the court may grant the application and vacate the conviction,
20strike the adjudication of guilt, and order the relief specified in
21Section 236.25.

22(h) If the court denies the application because the evidence is
23insufficient to establish grounds for vacatur, the denial may be
24without prejudice. If the court denies the application without
25prejudice, it may state the reasons for its denial in writing or on
26the record that is memorialized by transcription, audio recording,
27or video recording and, if those reasons are based on curable
28deficiencies in the application, allow the applicant a reasonable
29time period to cure the deficiencies upon which the court based
30the denial.

31(i) An individual determined to be a ward of the juvenile court
32in a proceeding pursuant to Section 602 of the Welfare and
33Institutions Code as a result of a nonviolent crime committed while
34that individual was a human trafficking victim may apply to the
35juvenile court that made that determination to have the
36determination set aside if the individual has not had a sustained
37petition for any crime or been convicted of any crime for one year
38prior to the date of application. The court may grant the application
39upon making a finding, based on clear and convincing evidence,
40that the applicant’s participation in the offense on the proceeding
P13   1 was a direct result of the applicant being a human trafficking
2victim. Upon making the finding, the court may order the relief
3prescribed in Section 786 of the Welfare and Institutions Code.

4(j) In making a determination on an application under either
5subdivision (a) or (i), the court may consider any evidence it deems
6of sufficient credibility and probative value, including the sworn
7statement of the applicant presented under penalty of perjury. If
8opposition to the application is not filed by the applicable state or
9local prosecutorial agency, the court may deem the application
10unopposed. The applicant’s statement alone may be sufficient
11evidence to support the vacating of a conviction, provided the court
12finds that the statement is credible.

13(k) If the application is opposed, the court shall hold a hearing
14on the application, at which time the applicant may be required to
15testify and be subject to cross examination. A petitioner, or his or
16her attorney, may be excused from appearing in person at a hearing
17for relief pursuant to this section only if the court finds a
18compelling reason why the petitioner cannot attend the hearing,
19in which case the petitioner may appear telephonically, by
20videoconference, or by other electronic means established by the
21court.

22(l) Evidence in support of granting an application may also
23include, but is not limited to, all of the following:

24(1) Certified records of a federal, state, tribal, or local court or
25governmental agency documenting the person’s status as a victim
26of human trafficking at the time of the offense, including
27identification of a victim of human trafficking by a peace officer
28pursuant to Section 236.2 and certified records of approval notices
29or enforcement certifications generated from federal immigration
30proceedings, create a rebuttable presumption that an offense was
31committed by the defendant as a direct result of being a human
32trafficking victim.

33(2) A sworn statement from a trained professional staff member
34of a victim services organization, an attorney, a member of the
35clergy, or a medical or other professional from whom the defendant
36has sought assistance in addressing the trauma associated with
37being trafficked.

38(m) The court may grant an application made under subdivision
39(a) or (i) if the conviction or adjudication was based on a crime
40constituting or arising from a commercial sex act, including
P14   1violation of subdivision (b) of Section 647 or Section 653.22, upon
2a finding that the applicant was under the age of 18 years at the
3time of the offense on which the conviction is based.

4(n) This section and the rights and remedies granted to victims
5of human trafficking hereunder apply to any conviction entered
6or adjudication made prior to or after January 1, 2017.

7

SEC. 6.  

Section 236.25 is added to the Penal Code, to read:

8

236.25.  

(a) begin insert(1)end insertbegin insertend insert For any charge, adjudication, or conviction
9for which a human trafficking victim was granted relief under
10Section 236.24 of the Penal Code, the court shall order that all
11records in the case be sealed pursuant to Sectionbegin delete 851.86 and shall
12grant the relief provided in subdivision (b) of Section 851.8.end delete

13
begin insert 851.86.end insert

begin insert

14
(2) Records that have been sealed pursuant to this subdivision
15may be accessed, inspected, or utilized by law enforcement for
16subsequent investigatory purposes involving persons other than
17the defendant.

end insert

18(b) The human trafficking victim shall be released from all
19penalties and disabilities resulting from the charge, adjudication,
20or conviction, and all actions and proceedings by law enforcement
21personnel, courts, or other government employees that led to the
22charge, adjudication, or conviction shall be deemed not to have
23occurred.

24(c) All of the following shall apply to a human trafficking victim
25granted relief pursuant to Section 236.24, or under any substantially
26equivalent statute of another jurisdiction:

27(1) The human trafficking victim may in all circumstances state
28that he or she has never been arrested for, charged with, or
29convicted of the crime that is the subject of the charge,
30adjudication, or conviction, including without limitation in response
31to questions on employment, housing, financial aid, or loan
32applications.

33(2) The human trafficking victim may not be denied rights or
34benefits, including, without limitation, employment, housing,
35financial aid, welfare, or a loan or other financial accommodation,
36based on the arrest, charge, adjudication, or conviction or the
37victim’s failure or refusal to disclose the existence of or information
38concerning those events.

39(3) The human trafficking victim may not be thereafter charged
40or convicted of perjury or otherwise of giving a false statement by
P15   1reason of having failed to disclose or acknowledge the existence
2of the charge, adjudication, or conviction, or any arrest, charge,
3indictment, trial, or other proceedings related thereto.

4

SEC. 7.  

Section 1203.49 of the Penal Code is repealed.

5

SEC. 8.  

Section 11105 of the Penal Code is amended to read:

6

11105.  

(a) (1) The Department of Justice shall maintain state
7summary criminal history information.

8(2) As used in this section:

9(A) “State summary criminal history information” means the
10master record of information compiled by the Attorney General
11pertaining to the identification and criminal history of any person,
12such as name, date of birth, physical description, fingerprints,
13photographs, dates of arrests, arresting agencies and booking
14numbers, charges, dispositions, and similar data about the person.

15(B) “State summary criminal history information” does not refer
16to records and data compiled by criminal justice agencies other
17than the Attorney General, nor does it refer to records of complaints
18to or investigations conducted by, or records of intelligence
19information or security procedures of, the office of the Attorney
20General and the Department of Justice.

21(b) The Attorney General shall furnish state summary criminal
22history information to any of the following, if needed in the course
23of their duties, provided that when information is furnished to
24assist an agency, officer, or official of state or local government,
25a public utility, or any other entity, in fulfilling employment,
26certification, or licensing duties, Chapter 1321 of the Statutes of
271974 and Section 432.7 of the Labor Code shall apply:

28(1) The courts of the state.

29(2) Peace officers of the state, as defined in Section 830.1,
30subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section
31830.3, subdivision (a) of Section 830.31, and subdivisions (a) and
32(b) of Section 830.5.

33(3) District attorneys of the state.

34(4) Prosecuting city attorneys of any city within the state.

35(5) City attorneys pursuing civil gang injunctions pursuant to
36Section 186.22a, or drug abatement actions pursuant to Section
373479 or 3480 of the Civil Code, or Section 11571 of the Health
38and Safety Code.

39(6) Probation officers of the state.

40(7) Parole officers of the state.

P16   1(8) A public defender or attorney of record when representing
2a person in proceedings upon a petition for a certificate of
3 rehabilitation and pardon pursuant to Section 4852.08.

4(9) A public defender or attorney of record when representing
5a person in a criminal case, or a parole, mandatory supervision
6pursuant to paragraph (5) of subdivision (h) of Section 1170, or
7postrelease community supervision revocation or revocation
8extension proceeding, and if authorized access by statutory or
9decisional law.

10(10) Any agency, officer, or official of the state if the criminal
11history information is required to implement a statute or regulation
12that expressly refers to specific criminal conduct applicable to the
13subject person of the state summary criminal history information,
14and contains requirements or exclusions, or both, expressly based
15upon that specified criminal conduct. The agency, officer, or
16official of the state authorized by this paragraph to receive state
17summary criminal history information may also transmit fingerprint
18images and related information to the Department of Justice to be
19transmitted to the Federal Bureau of Investigation.

20(11) Any city or county, city and county, district, or any officer
21or official thereof if access is needed in order to assist that agency,
22officer, or official in fulfilling employment, certification, or
23licensing duties, and if the access is specifically authorized by the
24city council, board of supervisors, or governing board of the city,
25county, or district if the criminal history information is required
26to implement a statute, ordinance, or regulation that expressly
27refers to specific criminal conduct applicable to the subject person
28of the state summary criminal history information, and contains
29requirements or exclusions, or both, expressly based upon that
30specified criminal conduct. The city or county, city and county,
31district, or the officer or official thereof authorized by this
32paragraph may also transmit fingerprint images and related
33information to the Department of Justice to be transmitted to the
34Federal Bureau of Investigation.

35(12) The subject of the state summary criminal history
36information under procedures established under Article 5
37(commencing with Section 11120).

38(13) Any person or entity when access is expressly authorized
39by statute if the criminal history information is required to
40implement a statute or regulation that expressly refers to specific
P17   1criminal conduct applicable to the subject person of the state
2summary criminal history information, and contains requirements
3or exclusions, or both, expressly based upon that specified criminal
4conduct.

5(14) Health officers of a city, county, city and county, or district
6when in the performance of their official duties enforcing Section
7120175 of the Health and Safety Code.

8(15) Any managing or supervising correctional officer of a
9county jail or other county correctional facility.

10(16) Any humane society, or society for the prevention of cruelty
11to animals, for the specific purpose of complying with Section
1214502 of the Corporations Code for the appointment of humane
13officers.

14(17) Local child support agencies established by Section 17304
15of the Family Code. When a local child support agency closes a
16support enforcement case containing summary criminal history
17information, the agency shall delete or purge from the file and
18destroy any documents or information concerning or arising from
19offenses for or of which the parent has been arrested, charged, or
20convicted, other than for offenses related to the parent’s having
21failed to provide support for minor children, consistent with the
22requirements of Section 17531 of the Family Code.

23(18) County child welfare agency personnel who have been
24delegated the authority of county probation officers to access state
25summary criminal history information pursuant to Section 272 of
26the Welfare and Institutions Code for the purposes specified in
27Section 16504.5 of the Welfare and Institutions Code. Information
28from criminal history records provided pursuant to this subdivision
29shall not be used for any purposes other than those specified in
30this section and Section 16504.5 of the Welfare and Institutions
31Code. When an agency obtains records obtained both on the basis
32of name checks and fingerprint checks, final placement decisions
33shall be based only on the records obtained pursuant to the
34fingerprint check.

35(19) The court of a tribe, or court of a consortium of tribes, that
36has entered into an agreement with the state pursuant to Section
3710553.1 of the Welfare and Institutions Code. This information
38may be used only for the purposes specified in Section 16504.5
39of the Welfare and Institutions Code and for tribal approval or
40tribal licensing of foster care or adoptive homes. Article 6
P18   1(commencing with Section 11140) shall apply to officers, members,
2and employees of a tribal court receiving criminal record offender
3information pursuant to this section.

4(20) Child welfare agency personnel of a tribe or consortium
5of tribes that has entered into an agreement with the state pursuant
6to Section 10553.1 of the Welfare and Institutions Code and to
7whom the state has delegated duties under paragraph (2) of
8subdivision (a) of Section 272 of the Welfare and Institutions Code.
9The purposes for use of the information shall be for the purposes
10specified in Section 16504.5 of the Welfare and Institutions Code
11and for tribal approval or tribal licensing of foster care or adoptive
12homes. When an agency obtains records on the basis of name
13checks and fingerprint checks, final placement decisions shall be
14based only on the records obtained pursuant to the fingerprint
15check. Article 6 (commencing with Section 11140) shall apply to
16child welfare agency personnel receiving criminal record offender
17information pursuant to this section.

18(21) An officer providing conservatorship investigations
19pursuant to Sections 5351, 5354, and 5356 of the Welfare and
20Institutions Code.

21(22) A court investigator providing investigations or reviews
22in conservatorships pursuant to Section 1826, 1850, 1851, or
232250.6 of the Probate Code.

24(23) A person authorized to conduct a guardianship investigation
25pursuant to Section 1513 of the Probate Code.

26(24) A humane officer pursuant to Section 14502 of the
27Corporations Code for the purposes of performing his or her duties.

28(25) A public agency described in subdivision (b) of Section
2915975 of the Government Code, for the purpose of oversight and
30enforcement policies with respect to its contracted providers.

31(c) The Attorney General may furnish state summary criminal
32history information and, when specifically authorized by this
33subdivision, federal level criminal history information upon a
34showing of a compelling need to any of the following, provided
35that when information is furnished to assist an agency, officer, or
36official of state or local government, a public utility, or any other
37entity in fulfilling employment, certification, or licensing duties,
38Chapter 1321 of the Statutes of 1974 and Section 432.7 of the
39 Labor Code shall apply:

P19   1(1) Any public utility, as defined in Section 216 of the Public
2Utilities Code, that operates a nuclear energy facility when access
3is needed in order to assist in employing persons to work at the
4facility, provided that, if the Attorney General supplies the data,
5he or she shall furnish a copy of the data to the person to whom
6the data relates.

7(2) To a peace officer of the state other than those included in
8subdivision (b).

9(3) To an illegal dumping enforcement officer as defined in
10subdivision (j) of Section 830.7.

11(4) To a peace officer of another country.

12(5) To public officers, other than peace officers, of the United
13States, other states, or possessions or territories of the United
14States, provided that access to records similar to state summary
15criminal history information is expressly authorized by a statute
16of the United States, other states, or possessions or territories of
17the United States if the information is needed for the performance
18of their official duties.

19(6) To any person when disclosure is requested by a probation,
20parole, or peace officer with the consent of the subject of the state
21summary criminal history information and for purposes of
22furthering the rehabilitation of the subject.

23(7) The courts of the United States, other states, or territories
24or possessions of the United States.

25(8) Peace officers of the United States, other states, or territories
26or possessions of the United States.

27(9) To any individual who is the subject of the record requested
28if needed in conjunction with an application to enter the United
29States or any foreign nation.

30(10) (A) (i) Any public utility, as defined in Section 216 of the
31Public Utilities Code, or any cable corporation as defined in
32subparagraph (B), if receipt of criminal history information is
33needed in order to assist in employing current or prospective
34employees, contract employees, or subcontract employees who,
35in the course of their employment, may be seeking entrance to
36private residences or adjacent grounds. The information provided
37shall be limited to the record of convictions and any arrest for
38which the person is released on bail or on his or her own
39recognizance pending trial.

P20   1(ii) If the Attorney General supplies the data pursuant to this
2paragraph, the Attorney General shall furnish a copy of the data
3to the current or prospective employee to whom the data relates.

4(iii) Any information obtained from the state summary criminal
5history is confidential and the receiving public utility or cable
6corporation shall not disclose its contents, other than for the
7purpose for which it was acquired. The state summary criminal
8history information in the possession of the public utility or cable
9corporation and all copies made from it shall be destroyed not
10more than 30 days after employment or promotion or transfer is
11denied or granted, except for those cases where a current or
12prospective employee is out on bail or on his or her own
13recognizance pending trial, in which case the state summary
14criminal history information and all copies shall be destroyed not
15more than 30 days after the case is resolved.

16(iv) A violation of this paragraph is a misdemeanor, and shall
17give the current or prospective employee who is injured by the
18violation a cause of action against the public utility or cable
19corporation to recover damages proximately caused by the
20violations. Any public utility’s or cable corporation’s request for
21state summary criminal history information for purposes of
22employing current or prospective employees who may be seeking
23entrance to private residences or adjacent grounds in the course
24of their employment shall be deemed a “compelling need” as
25required to be shown in this subdivision.

26(v) This section shall not be construed as imposing any duty
27upon public utilities or cable corporations to request state summary
28criminal history information on any current or prospective
29employees.

30(B) For purposes of this paragraph, “cable corporation” means
31any corporation or firm that transmits or provides television,
32 computer, or telephone services by cable, digital, fiber optic,
33satellite, or comparable technology to subscribers for a fee.

34(C) Requests for federal level criminal history information
35received by the Department of Justice from entities authorized
36pursuant to subparagraph (A) shall be forwarded to the Federal
37Bureau of Investigation by the Department of Justice. Federal level
38criminal history information received or compiled by the
39Department of Justice may then be disseminated to the entities
40referenced in subparagraph (A), as authorized by law.

P21   1(D) (i) Authority for a cable corporation to request state or
2federal level criminal history information under this paragraph
3shall commence July 1, 2005.

4(ii) Authority for a public utility to request federal level criminal
5history information under this paragraph shall commence July 1,
62005.

7(11) To any campus of the California State University or the
8University of California, or any four year college or university
9accredited by a regional accreditation organization approved by
10the United States Department of Education, if needed in
11conjunction with an application for admission by a convicted felon
12to any special education program for convicted felons, including,
13but not limited to, university alternatives and halfway houses. Only
14conviction information shall be furnished. The college or university
15may require the convicted felon to be fingerprinted, and any inquiry
16to the department under this section shall include the convicted
17felon’s fingerprints and any other information specified by the
18department.

19(12) To any foreign government, if requested by the individual
20who is the subject of the record requested, if needed in conjunction
21with the individual’s application to adopt a minor child who is a
22citizen of that foreign nation. Requests for information pursuant
23to this paragraph shall be in accordance with the process described
24in Sections 11122 to 11124, inclusive. The response shall be
25provided to the foreign government or its designee and to the
26individual who requested the information.

27(d) Whenever an authorized request for state summary criminal
28history information pertains to a person whose fingerprints are on
29file with the Department of Justice and the department has no
30criminal history of that person, and the information is to be used
31for employment, licensing, or certification purposes, the fingerprint
32card accompanying the request for information, if any, may be
33stamped “no criminal record” and returned to the person or entity
34making the request.

35(e) Whenever state summary criminal history information is
36furnished as the result of an application and is to be used for
37employment, licensing, or certification purposes, the Department
38of Justice may charge the person or entity making the request a
39fee that it determines to be sufficient to reimburse the department
40for the cost of furnishing the information. In addition, the
P22   1Department of Justice may add a surcharge to the fee to fund
2maintenance and improvements to the systems from which the
3information is obtained. Notwithstanding any other law, any person
4or entity required to pay a fee to the department for information
5 received under this section may charge the applicant a fee sufficient
6to reimburse the person or entity for this expense. All moneys
7received by the department pursuant to this section, Sections
811105.3 and 26190, and former Section 13588 of the Education
9Code shall be deposited in a special account in the General Fund
10to be available for expenditure by the department to offset costs
11incurred pursuant to those sections and for maintenance and
12improvements to the systems from which the information is
13obtained upon appropriation by the Legislature.

14(f) Whenever there is a conflict, the processing of criminal
15fingerprints and fingerprints of applicants for security guard or
16alarm agent registrations or firearms qualification permits
17submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4
18of the Business and Professions Code shall take priority over the
19processing of other applicant fingerprints.

20(g) It is not a violation of this section to disseminate statistical
21or research information obtained from a record, provided that the
22identity of the subject of the record is not disclosed.

23(h) It is not a violation of this section to include information
24obtained from a record in (1) a transcript or record of a judicial or
25 administrative proceeding or (2) any other public record if the
26inclusion of the information in the public record is authorized by
27a court, statute, or decisional law.

28(i) Notwithstanding any other law, the Department of Justice
29or any state or local law enforcement agency may require the
30submission of fingerprints for the purpose of conducting summary
31criminal history information checks that are authorized by law.

32(j) The state summary criminal history information shall include
33any finding of mental incompetence pursuant to Chapter 6
34(commencing with Section 1367) of Title 10 of Part 2 arising out
35of a complaint charging a felony offense specified in Section 290.

36(k) (1) This subdivision applies if state or federal summary
37criminal history information is furnished by the Department of
38Justice as the result of an application by an authorized agency or
39organization and the information is to be used for peace officer
40employment or certification purposes. As used in this subdivision,
P23   1a peace officer is defined in Chapter 4.5 (commencing with Section
2830) of Title 3 of Part 2.

3(2) Notwithstanding any other law, whenever state summary
4criminal history information is initially furnished pursuant to
5paragraph (1), the Department of Justice shall disseminate the
6following information:

7(A) Every conviction rendered against the applicant.

8(B) Every arrest for an offense for which the applicant is
9presently awaiting trial, whether the applicant is incarcerated or
10has been released on bail or on his or her own recognizance
11pending trial.

12(C) Every arrest or detention, except for an arrest or detention
13resulting in an exoneration, provided, however, that where the
14records of the Department of Justice do not contain a disposition
15for the arrest, the Department of Justice first makes a genuine effort
16to determine the disposition of the arrest.

17(D) Every successful diversion.

18(E) Every date and agency name associated with all retained
19peace officer or nonsworn law enforcement agency employee
20preemployment criminal offender record information search
21requests.

22(F) Sex offender registration status of the applicant.

23(l) (1) This subdivision shall apply whenever state or federal
24summary criminal history information is furnished by the
25Department of Justice as the result of an application by a criminal
26justice agency or organization as defined in Section 13101, and
27the information is to be used for criminal justice employment,
28licensing, or certification purposes.

29(2) Notwithstanding any other law, whenever state summary
30criminal history information is initially furnished pursuant to
31paragraph (1), the Department of Justice shall disseminate the
32following information:

33(A) Every conviction rendered against the applicant.

34(B) Every arrest for an offense for which the applicant is
35presently awaiting trial, whether the applicant is incarcerated or
36has been released on bail or on his or her own recognizance
37pending trial.

38(C) Every arrest for an offense for which the records of the
39Department of Justice do not contain a disposition or did not result
40in a conviction, provided that the Department of Justice first makes
P24   1a genuine effort to determine the disposition of the arrest. However,
2information concerning an arrest shall not be disclosed if the
3records of the Department of Justice indicate or if the genuine
4effort reveals that the subject was exonerated, successfully
5completed a diversion or deferred entry of judgment program, or
6the arrest was deemed a detention.

7(D) Every date and agency name associated with all retained
8peace officer or nonsworn law enforcement agency employee
9preemployment criminal offender record information search
10requests.

11(E) Sex offender registration status of the applicant.

12(m) (1) This subdivision shall apply whenever state or federal
13summary criminal history information is furnished by the
14Department of Justice as the result of an application by an
15authorized agency or organization pursuant to Section 1522,
161568.09, 1569.17, or 1596.871 of the Health and Safety Code, or
17any statute that incorporates the criteria of any of those sections
18or this subdivision by reference, and the information is to be used
19for employment, licensing, or certification purposes.

20(2) Notwithstanding any other provision of law, whenever state
21summary criminal history information is initially furnished
22pursuant to paragraph (1), the Department of Justice shall
23disseminate the following information:

24(A) Every conviction of an offense rendered against the
25 applicant.

26(B) Every arrest for an offense for which the applicant is
27presently awaiting trial, whether the applicant is incarcerated or
28has been released on bail or on his or her own recognizance
29pending trial.

30(C) Every arrest for an offense for which the Department of
31Social Services is required by paragraph (1) of subdivision (a) of
32Section 1522 of the Health and Safety Code to determine if an
33applicant has been arrested. However, if the records of the
34Department of Justice do not contain a disposition for an arrest,
35the Department of Justice shall first make a genuine effort to
36determine the disposition of the arrest.

37(D) Sex offender registration status of the applicant.

38(3) Notwithstanding the requirements of the sections referenced
39in paragraph (1) of this subdivision, the Department of Justice
40shall not disseminate information about an arrest subsequently
P25   1deemed a detention or an arrest that resulted in either the successful
2completion of a diversion program or exoneration.

3(n) (1) This subdivision shall apply whenever state or federal
4summary criminal history information, to be used for employment,
5licensing, or certification purposes, is furnished by the Department
6of Justice as the result of an application by an authorized agency,
7organization, or individual pursuant to any of the following:

8(A) Paragraph (10) of subdivision (c), when the information is
9to be used by a cable corporation.

10(B) Section 11105.3 or 11105.4.

11(C) Section 15660 of the Welfare and Institutions Code.

12(D) Any statute that incorporates the criteria of any of the
13statutory provisions listed in subparagraph (A), (B), or (C), or of
14this subdivision, by reference.

15(2) With the exception of applications submitted by
16transportation companies authorized pursuant to Section 11105.3,
17and notwithstanding any other law, whenever state summary
18criminal history information is initially furnished pursuant to
19paragraph (1), the Department of Justice shall disseminate the
20following information:

21(A) Every conviction rendered against the applicant for a
22violation or attempted violation of any offense specified in
23subdivision (a) of Section 15660 of the Welfare and Institutions
24Code. However, with the exception of those offenses for which
25registration is required pursuant to Section 290, the Department
26of Justice shall not disseminate information pursuant to this
27subdivision unless the conviction occurred within 10 years of the
28date of the agency’s request for information or the conviction is
29over 10 years old but the subject of the request was incarcerated
30within 10 years of the agency’s request for information.

31(B) Every arrest for a violation or attempted violation of an
32offense specified in subdivision (a) of Section 15660 of the Welfare
33and Institutions Code for which the applicant is presently awaiting
34trial, whether the applicant is incarcerated or has been released on
35bail or on his or her own recognizance pending trial.

36(C) Sex offender registration status of the applicant.

37(o) (1) This subdivision shall apply whenever state or federal
38summary criminal history information is furnished by the
39Department of Justice as the result of an application by an
40authorized agency or organization pursuant to Section 379 or 550
P26   1of the Financial Code, or any statute that incorporates the criteria
2of either of those sections or this subdivision by reference, and the
3information is to be used for employment, licensing, or certification
4purposes.

5(2) Notwithstanding any other law, whenever state summary
6criminal history information is initially furnished pursuant to
7paragraph (1), the Department of Justice shall disseminate the
8following information:

9(A) Every conviction rendered against the applicant for a
10violation or attempted violation of any offense specified in Section
11550 of the Financial Code.

12(B) Every arrest for a violation or attempted violation of an
13offense specified in Section 550 of the Financial Code for which
14the applicant is presently awaiting trial, whether the applicant is
15incarcerated or has been released on bail or on his or her own
16recognizance pending trial.

17(p) (1) This subdivision shall apply whenever state or federal
18criminal history information is furnished by the Department of
19Justice as the result of an application by an agency, organization,
20or individual not defined in subdivision (k), (l), (m), (n), or (o), or
21by a transportation company authorized pursuant to Section
2211105.3, or any statute that incorporates the criteria of that section
23or this subdivision by reference, and the information is to be used
24for employment, licensing, or certification purposes.

25(2) Notwithstanding any other law, whenever state summary
26criminal history information is initially furnished pursuant to
27paragraph (1), the Department of Justice shall disseminate the
28following information:

29(A) Every conviction rendered against the applicant.

30(B) Every arrest for an offense for which the applicant is
31presently awaiting trial, whether the applicant is incarcerated or
32has been released on bail or on his or her own recognizance
33pending trial.

34(C) Sex offender registration status of the applicant.

35(q) All agencies, organizations, or individuals defined in
36subdivisions (k), (l), (m), (n), (o), and (p) may contract with the
37Department of Justice for subsequent notification pursuant to
38Section 11105.2. This subdivision shall not supersede sections that
39mandate an agency, organization, or individual to contract with
P27   1the Department of Justice for subsequent notification pursuant to
2Section 11105.2.

3(r) This section does not require the Department of Justice to
4cease compliance with any other statutory notification
5requirements.

6(s) The provisions of Section 50.12 of Title 28 of the Code of
7Federal Regulations are to be followed in processing federal
8criminal history information.

9(t) Whenever state or federal summary criminal history
10information is furnished by the Department of Justice as the result
11of an application by an authorized agency, organization, or
12individual defined in subdivisions (k) to (p), inclusive, and the
13information is to be used for employment, licensing, or certification
14purposes, the authorized agency, organization, or individual shall
15expeditiously furnish a copy of the information to the person to
16whom the information relates if the information is a basis for an
17adverse employment, licensing, or certification decision. When
18furnished other than in person, the copy shall be delivered to the
19last contact information provided by the applicant.

20(u) State summary criminal history information compiled by
21the Attorney General and disseminated pursuant to this section
22shall exclude any charge or conviction for which relief has been
23granted pursuant to Section 236.24 or 236.25.

24

SEC. 9.  

Section 1.5 of this bill incorporates amendments to
25Section 8712 of the Family Code proposed by both this bill and
26Assembly Bill 1997. It shall only become operative if (1) both
27bills are enacted and become effective on or before January 1,
282017, (2) each bill amends Section 8712 of the Family Code, and
29(3) this bill is enacted after Assembly Bill 1997, in which case
30Section 1 of this bill shall not become operative.

31

SEC. 10.  

No reimbursement is required by this act pursuant to
32Section 6 of Article XIII B of the California Constitution because
33the only costs that may be incurred by a local agency or school
34district will be incurred because this act creates a new crime or
35infraction, eliminates a crime or infraction, or changes the penalty
36for a crime or infraction, within the meaning of Section 17556 of
37the Government Code, or changes the definition of a crime within
P28   1the meaning of Section 6 of Article XIII B of the California
2Constitution.



O

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