BILL ANALYSIS Ó
AB 1762
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Date of Hearing: March 29, 2016
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
AB
1762 (Campos) - As Introduced February 2, 2016
As Proposed to be Amended in Committee
SUMMARY: Allows an individual convicted of a nonviolent crime
while he or she was human trafficking victim to apply to the
court to vacate the conviction at any time after it was entered.
Specifically, this bill:
1)Allows 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.
2)Provides, if the application is granted, that the court shall
have all records in the case sealed and mandates release of
the defendant from all penalties and disabilities, as
provided.
3)Defines "human trafficking victim" and "nonviolent crime" for
these purposes as follows:
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a) "Human trafficking victim" means "a person who is a
victim of labor trafficking, sex trafficking, or
trafficking of a minor."
b) "Nonviolent crime" means "any crime or offense other
than murder, attempted murder, voluntary manslaughter,
mayhem, kidnaping, rape, robbery, arson, carjacking, or any
other violent felony as defined."
c) Specifies a procedure for victims to apply to the court
to have their convictions vacated. The procedure is
specified as follows:
i) Provides that any individual convicted of a
nonviolent crime committed while that individual was a
human trafficking victim may apply to the court in which
the conviction was entered to vacate the conviction at
any time after it is entered.
ii) Requires that the court grant the application on a
finding that the applicant's participation in the offense
on which the applicant was convicted was a direct result
of the applicant being a human trafficking victim.
iii) Provides that the application shall identify the
applicant, the offense for which vacatur is sought, and
the court in which the conviction was entered. The
applicant shall describe in the application all the
available grounds and evidence for vacatur of the
conviction known to the applicant.
iv) Allows the defendant applying for vacatur to submit
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evidence containing personal identify information under
seal along with a statement under penalty of perjury
confirming his or her identity.
v) Provides that the state or local prosecutorial
agency shall have 30 days for the date of receipt of
service to oppose the application once the application
and all relevant information has been served by the
agency; provides that if opposition to the application is
not filed, the court shall deem the application unopposed
and shall grant the application; and specifies that if
the application is opposed, the court shall hold a
hearing on the application.
vi) Provides that if the court finds, by clear and
convincing evidence, that the applicant's participation
in the offense on which the conviction was based was a
direct result of the applicant being a victim of human
trafficking, the court shall grant the application and
vacate the conviction, strike the adjudication of guilt,
and order the specified relief and may also take
additional action and grant additional relief as it deems
appropriate under the circumstances.
vii) States that if the court denies the application
because the evidence is insufficient to establish grounds
for vacatur, the denial shall be without prejudice. The
court shall state the reasons for its denial in writing
and, if those reasons are based on curable deficiencies
in the application, allow the applicant a reasonable time
period to cure the deficiencies upon which the court
based the denial.
viii) Specifies that in making a determination on an
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application the court may consider any evidence it deems
of sufficient credibility and probative value, including
the sworn statement of the applicant. The statement,
alone, is sufficient evidence to support the vacating of
a conviction, provided the court finds that the statement
is credible. Evidence in support of granting an
application may also include, but is not limited to, all
of the following:
(1) Certified records of a federal, state, tribal
or local court or governmental agency documenting the
person's status as a victim of human trafficking at
the time of the offense, including identification of a
victim of human trafficking by a peace officer and
certified records of approval notices or enforcement
certifications generated from federal immigration
proceedings, create a rebuttable presumption that an
offense was committed by the defendant as a direct
result of being a human trafficking victim; and
(2) A sworn statement from a trained professional
staff member of a victim services organization, an
attorney, a member of the clergy, or a medical or
other professional from whom the defendant has sought
assistance in addressing the trauma associated with
being trafficked.
ix) Provides that the court shall grant an application
if the conviction or adjudication was based on a crime
constituting or arising from a commercial sex act,
including solicitation for prostitution or loitering with
intent to commit prostitution, upon a finding that the
applicant was under the age of 18 years at the time of
the offense on which the conviction is based.
EXISTING LAW:
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1)Provides if a defendant has been convicted of solicitation or
prostitution, and if the defendant has completed any term of
probation for that conviction, the defendant may petition the
court for relief. If the defendant can establish by clear and
convincing evidence that the conviction was the result of his
or her status as a victim of human trafficking, the court may
issue an order that does all of the following: (Pen. Code, §
1203.49.)
a) Sets forth a finding that the petitioner was a victim of
human trafficking when he or she committed the crime;
b) Order specified expungement relief; and
c) Notifies the Department of Justice that the petitioner
was a victim of human trafficking when he or she committed
the crime and the relief that has been ordered.
2)Allows a court to set aside a conviction of a person who has
fulfilled the conditions of probation for the entire period of
probation, or has been discharged prior to the termination of
the period of probation, or who the court in its discretion
and the interests of justice, determines that the person
should be granted relief, provided that the person is not then
serving a sentence for any other offense, is not on probation
for any other offense, and is not being charged with any other
offense. (Pen. Code, § 1203.4, subd. (a).)
3)Provides that the relief pursuant to Penal Code Section 1203.4
does not relieve the petitioner of the obligation to disclose
the conviction in response to any direct question contained in
any questionnaire or application for public office, for
licensure by any state or local agency, or for contracting
with the California State Lottery Commission. (Pen. Code, §
1203.4, subd. (a).)
4)Provides that a person who was under the age of 18 at the time
of commission of a misdemeanor and is eligible for, or has
previously received expungement relief, may petition the court
for an order sealing the record of conviction and other
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official records in the case, including records of arrests
resulting in the criminal proceeding and records relating to
other offenses charged in the accusatory pleading, whether the
defendant was acquitted or charges were dismissed. Thereafter
the conviction, arrest, or other proceeding shall be deemed
not to have occurred, and the petitioner may answer
accordingly any question relating to their occurrence. (Pen.
Code, § 1203.45.)
5)States that a person who was adjudicated a ward of the court
for the commission of a violation of specified provisions
prohibiting prostitution may petition a court to have his or
her records sealed as these records pertain to the
prostitution offenses without showing that he or she has not
been subsequently convicted of a felony or misdemeanor
involving moral turpitude, or that rehabilitation has been
attained. This relief is not available to a person who paid
money or any other valuable thing, or attempted to pay money
or any other valuable thing, to any person for the purpose of
prostitution as defined. (Pen. Code, § 1203.47.)
6)States that any person who was under the age of 18 when he or
she was arrested for a misdemeanor, may petition the court in
which the proceedings occurred or, if there were no court
proceedings, the court in whose jurisdiction the arrest
occurred, for an order sealing the records in the case,
including any records of arrest and detention, in certain
circumstances. (Penal Code, § 851.7.)
7)Allows in certain cases, a person who has reached the age of
18 years to petition the juvenile court for sealing of his or
her juvenile record. (Welf. & Inst. Code, § 781.)
8)Provides that any person who deprives or violates the personal
liberty of another with the intent to obtain forced labor or
services, is guilty of human trafficking and shall be punished
by imprisonment in the state prison for 5, 8, or 12 years and
a fine of not more than $500,000. (Pen. Code, § 236.1, subd.
(a).)
9)States that any person who deprives or violates the personal
liberty of another with the intent to effect or maintain a
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violation of specified sex crimes is guilty of human
trafficking and shall be punished by imprisonment in the state
prison for 8, 14, or 20 years and a fine of not more than
$500,000. (Pen. Code, § 236.1, subd. (b).)
10)Provides that DOJ shall maintain state summary criminal
history information and authorizes DOJ to furnish state
summary criminal history information to statutorily authorized
entities for specified purposes including employment and
licensing. (Pen. Code, § 11105.6.)
11)Prohibits an employer, whether a public agency or private
individual or corporation, from asking an applicant for
employment to disclose, through any written form or verbally,
information concerning an arrest or detention that did not
result in conviction, or information concerning a referral to,
and participation in, any pretrial or posttrial diversion
program. Nor shall any employer seek from any source
whatsoever, or utilize, as a factor in determining any
condition of employment including hiring, promotion,
termination, or any apprenticeship training program or any
other training program leading to employment, any record of
arrest or detention that did not result in conviction, or any
record regarding a referral to, and participation in, any
pretrial or posttrial diversion program. Nothing in this
section shall prevent an employer from asking an employee or
applicant for employment about an arrest for which the
employee or applicant is out on bail or on his or her own
recognizance pending trial. This provision does not apply to
employment of peace officers. (Lab. Code, § 432.7, subds. (a)
& (e).)
12)States that all persons are capable of committing crimes
except persons (unless the crime be punishable with death) who
committed the act or made the omission charged under threats
or menaces sufficient to show that they had reasonable cause
to and did believe their lives would be endangered if they
refused. (Pen. Code, § 26.)
FISCAL EFFECT: Unknown
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COMMENTS:
1)Author's Statement: "Human trafficking is the most expansive
criminal activity devastating lives across the country and the
world.
"Victims of human trafficking include children and adults, men
and women, documented and undocumented. Often times these
victims have been kidnapped, forced into labor or sexual
exploitation, and forced to commit crimes by their
traffickers.
"Current law does not provide an adequate remedy for victims
who were convicted for non-violent crimes they were forced to
commit by their trafficker. Without a legal remedy, victims of
trafficking continue to have a criminal record and are
prevented from having access to basic services and programs
such as the ability to obtain a student loan, receive housing
assistance, or obtain employment.
"It is our responsibility to help pull trafficking victims
from their abusive environments, as well as to assist in
paving a clear path for recovery. AB 1762 would ensure that
trafficking victims convicted of non-violent crimes their
trafficker forced them to commit could have their criminal
records cleared. In doing so, this bill will help dismantle
the institutional barriers that these victims encounter
throughout their lives."
2)Amendments to be Taken in Committee Address the Lack of an
Expressed Burden of Proof: This bill, as originally drafted,
fails to assign a burden of proof to the applicant seeking to
vacate his or her prior nonviolent conviction. Similar
legislation has required "clear and convincing evidence" when
a petitioner makes a request for an expungement of a
prostitution offense because they were a victim of human
trafficking. (Pen. Code, § 1203.49.) The amendments to be
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taken in committee establish the same burden of proof that was
adopted in AB 1585 (Alejo), Chapter 708 of the Statutes of
2014 which enacted Pen. Code § 1203.49. The burden of proof
established in the amendments is "clear and convincing
evidence."
3)Duress and Necessity: This bill provides for vacating
nonviolent criminal offenses that were committed by human
trafficking victims at the behest of their traffickers. Under
current law, if a victim of human trafficking is forced to
commit a crime by their trafficker then they have the defenses
of duress and necessity made available to them. "All persons
are capable of committing crimes except persons (unless the
crime be punishable with death) who committed the act or made
the omission charged under threats or menaces sufficient to
show that they had reasonable cause to and did believe their
lives would be endangered if they refused." (Pen. Code, §
26.).
a) Duress: The defendant is not guilty of a crime if he or
she acted under duress. The defendant acted under duress
if, because of threat or menace, he or she believed that
his or her or someone else's life would be in immediate
danger if he or she refused a demand or request to commit
the crime. The demand or request may have been expressed or
implied. The defendant's belief must have been reasonable.
When deciding whether the defendant's belief was
reasonable, consider all the circumstances as they were
known to and appeared to the defendant and consider what a
reasonable person in the same position as the defendant
would have believed. CALCRIM 3402.
b) Necessity: Although evidence may raise both necessity
and duress defenses, there is an important distinction
between the two concepts. With necessity, the threatened
harm is in the immediate future, thereby permitting a
defendant to balance alternative courses of conduct.
(People v. Condley (1977) 69 Cal.App.3d 999, 1009-1013.)
Necessity does not negate any element of the crime, but
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rather represents a public policy decision not to punish a
defendant despite proof of the crime. ( People v. Heath
(1989) 207 Cal.App.3d 892, 901 .) The duress defense, on
the other hand, does negate an element of the crime. The
defendant does not have the time to form the criminal
intent because of the immediacy of the threatened harm.
(Ibid.)
4)Expungement vs. Vacating a Conviction: Defendants who have
successfully completed probation (including early discharge)
can petition the court to set aside a guilty verdict or permit
withdrawal of the guilty or nolo contendere plea and dismiss
the complaint, accusation, or information. (Penal Code
Section 1203.4.) Defendants who have successfully completed a
conditional sentence also are eligible to petition the court
for expungement relief under Penal Code Section 1203.4.
(People v. Bishop (1992) 11 Cal.App.4th 1125, 1129.) Penal
Code Section 1203.4 also provides that the court can, in the
furtherance of justice, grant this relief if the defendant did
not successfully complete probation. (Penal Code Section
1203.4; see People v. McLernon (2009) 174 Cal.App.4th 569,
577.)
Expungement relief is not available for convictions of certain
offenses. These include most felony child molestation
offenses, other specific sex offenses, and a few traffic
offenses. (Penal Code Sections 1203.4 and 1203.4a.) It does
not prevent the conviction from being pleaded and proved just
like any other prior conviction in any subsequent prosecution.
(See People v. Diaz (1996) 41 Cal.App.4th 1424.)
Expungement relief pursuant to Penal Code Section 1203.4 does
not relieve the petitioner of the obligation to disclose the
conviction in response to any direct question in any
questionnaire or application for public office or for
licensure by any state or local agency. Expungement relief
pursuant to Penal Code Section 1203.4a, on the other hand,
does not explicitly require the person to disclose the
conviction in an application for a state license or public
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office. Penal Code Section 1203.4a is only available for
defendants convicted of a misdemeanor and not granted
probation.
By regulation, a private employer may not ask a job applicant
about any misdemeanor conviction dismissed under Penal
Code1203.4. (2 Cal. Code of Regs. Section 7287.4(d).])Also,
under Labor Code Section 432.7, a private or public employer
may not ask an applicant for employment to disclose
information concerning an arrest or detention that did not
result in conviction, or information concerning a referral to,
and participation in, any pretrial or posttrial diversion
program. However, if the employer is an entity statutorily
authorized to request criminal background checks on
prospective employees, the background check would reveal the
expunged conviction with an extra entry noting the dismissal
on the record.
This bill actually proposes vacating convictions of human
trafficking victims. By vacating the conviction, the remedy
is actually more forceful than an expungement. Unlike an
expungement, a vacatur effectively means that the conviction
never occurred. Under current California law and criminal
procedure, motions to vacate a conviction are generally done
through the appellate process. This bill takes a novel
approach of setting up a statutory framework for vacating
convictions for a particular class of individuals.
Essentially, this bill creates parity between human
trafficking victims and those individuals who are found
factually innocent of crimes they never committed.
5)Current Expungement Law Related to Prostitution: Under
current California law a defendant who has been convicted of
solicitation or prostitution may petition the court for, and
the court may set aside the conviction if the defendant can
show that the conviction was the result of his/her status as a
victim of human trafficking. This provision of law is the
result of the passage of AB 1585 (Alejo), Chapter 708 of the
Statutes of 2014. The relief set forth in AB 1585 was limited
to expungement of prostitution offenses. This bill broadly
expands upon these remedies to include most non-violent
crimes.
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6)Inclusion of Labor Trafficking: Unlike similar legislation in
the area of human trafficking, this bill recognized that human
trafficking does not only include sex trafficking. Labor
trafficking victims are often not included in policy making
discussions about services or benefits. This bill is broad in
its application and permits labor trafficking victims to also
seek the same remedies granted to sex trafficking victims.
Under this bill, if a labor trafficking victim can show that
they were forced to commit a non-violent crime because they
were a victim of human trafficking they would be entitled to
the same remedies granted to sex trafficking victims, to
vacate their convictions.
7)Human Trafficking Generally: Human trafficking involves the
recruitment, transportation or sale of people for forced
labor. Through violence, threats and coercion, victims are
forced to work in, among other things, the sex trade, domestic
labor, factories, hotels and agriculture. According to the
January 2005 United States Department of State's Human
Smuggling and Trafficking Center report, "Fact Sheet:
Distinctions Between Human Smuggling and Human Trafficking",
there is an estimated 600,000 to 800,000 men, women and
children trafficked across international borders each year.
Of these, approximately 80% are women and girls and up to 50%
are minors. A recent report by the Human Rights Center at the
University of California, Berkeley cited 57 cases of forced
labor in California between 1998 and 2003, with over 500
victims. The report, "Freedom Denied", notes most of the
victims in California were from Thailand, Mexico, and Russia
and had been forced to work as prostitutes, domestic slaves,
farm laborers or sweatshop employees. [University of
California, Berkeley Human Rights Center, "Freedom Denied:
Forced Labor in California" (February, 2005).] According to
the author:
"While the clandestine nature of human trafficking makes it
enormously difficult to accurately track how many people are
affected, the United States government estimates that about
17,000 to 20,000 women, men and children are trafficked into
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the United States each year, meaning there may be as many as
100,000 to 200,000 people in the United States working as
modern slaves in homes, sweatshops, brothels, agricultural
fields, construction projects and restaurants."
In 2012, Californians voted to pass Proposition 35, which
modified many provisions of California's already tough human
trafficking laws. The proposition increased criminal
penalties for human trafficking, including prison sentences up
to 15-years-to-life and fines up to $1,500,000. Additionally,
the proposition specified that the fines collected are to be
used for victim services and law enforcement. Proposition 35
requires persons convicted of trafficking to register as sex
offenders. Proposition 35 prohibits evidence from being used
against a victim in court proceedings if that victim engaged
in sexual conduct. Additionally, the proposition lowered the
evidential requirements for showing of force in cases of
minors.
a) Trafficking Victims Protection Act of 2000 (22 USC
Sections 7101 et seq.): In October 2000, the Trafficking
Victims Protection Act of 2000 (TVPA) was enacted and is
comprehensive, addressing the various ways of combating
trafficking, including prevention, protection and
prosecution. The prevention measures include the
authorization of educational and public awareness programs.
Protection and assistance for victims of trafficking
include making housing, educational, health-care, job
training and other federally funded social service programs
available to assist victims in rebuilding their lives.
Finally, the TVPA provides law enforcement with tools to
strengthen the prosecution and punishment of traffickers,
making human trafficking a federal crime.
b) Recent Update to Human Trafficking Laws: In 2012,
Californians voted to pass Proposition 35, which modified
many provisions of California's already tough human
trafficking laws. Specifically, Proposition 35 increased
criminal penalties for human trafficking offenses,
including prison sentences up to 15-years-to-life and fines
up to $1.5 million. The proposition specified that the
fines collected are to be used for victim services and law
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enforcement. In criminal trials, the proposition prohibits
the use of evidence that a person was involved in criminal
sexual conduct (such as prostitution) to prosecute that
person for that crime if the conduct was a result of being
a victim of human trafficking, and makes evidence of sexual
conduct by a victim of human trafficking inadmissible for
the purposes of attacking the victim's credibility or
character in court. The proposition lowered the
evidentiary requirements for showing of force in cases of
minors.
Proposition 35 also requires persons convicted of human
trafficking to register as sex offenders and expanded
registration requirements by requiring registered sex
offenders to provide the names of their internet providers
and identifiers, such as e-mail addresses, user names, and
screen names, to local police or sheriff's departments.
After passage of Proposition 35, plaintiffs American Civil
Liberties Union and Electronic Frontier Foundation filed a
law suit claiming that these provisions unconstitutionally
restricts the First Amendment rights of registered sex
offenders in the states. A United States District Court
judge granted a preliminary injunction prohibiting the
implementation or enforcement of Proposition 35's
provisions that require registered sex offenders to provide
certain information concerning their Internet use to law
enforcement. (Doe v. Harris (N.D. Cal., Jan. 11, 2013, No.
C12-5713) 2013 LEXIS 5428.)
8)Argument in Support: According to the Coalition to Abolish
Slavery and Trafficking (CAST), "AB 1762 ensures that all
trafficking survivors - whether sex or labor, adult or child -
have an opportunity to fully expunge their criminal record of
acts committed during their trafficking experience,
facilitating healing and opening doors to economic
self-sufficiency.
"A community of trafficking survivors, CAST's Survivor
Advisory Caucus empowers survivors of human trafficking (both
sex and labor) to raise awareness and create policy change in
the fight against modern-day slavery. Members of the Survivor
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Advisory Caucus recognize that many trafficking survivors
encounter legal obstacles on their journey to full
independence. The National Survivor Network Survey indicates
that 80% of trafficking survivors had lost or not received
employment because of their criminal conviction and 50%
suffered barriers to accessing housing. That was the case for
Cindy (not her real name), a survivor of sex trafficking who
was forced to prostitute herself and commit other crimes under
the threat of harm to her family. She was incarcerated due to
these crimes and when she was released, she struggled to get
custody of her children because of her prior convictions.
Housing was continuously denied to her. Ten years later she
is still at risk of becoming homeless.
"Criminal convictions create a virtual steel wall for
trafficking survivors, compounding trauma by preventing us
from securing the vital resources we need to move forward with
our recovery. Furthermore, trafficking victims often have
convictions unrelated to prostitution; expunging only
prostitution charges will not fully address our legal
challenges. Having a criminal record transforms into shackles
that bind us to the past, preventing educational, financial
and psychological growth.
"AB 1762 enables human trafficking victims to vacate
convictions for all non-violent crimes committed as a direct
result of human trafficking. It adjusts the standard of proof
required under current law and creates presumptions for
proving the trafficking experience to avoid re-traumatizing
trafficking victims seeking to clear their record. AB 1762
also fully clears criminal records, as it extends to
trafficking victims the same standard of sealing arrest and
court records currently provided for factually innocent people
wrongly convicted of crimes. In addition, AB 1762 explicitly
permits human trafficking victims to state that they have
never been arrested for, charged with or convicted of the
crime in question and prohibits the denial of rights or
benefits, including employment and housing benefits, based on
their arrest, charge or conviction."
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9)Argument in Opposition: According to the California District
Attorneys Association, "This proposal would create a class of
people who would be presumptively exempted from liability for
the crimes they commit, as long as the offense 'was a direct
result of the applicant being a human trafficking victim.'
Traditional defenses to criminal liability are fully adequate
to address the issues that victims of trafficking may bring to
excuse or justify their criminal conduct.
"We believe that AB 1762 would promote criminal conduct by
creating an incentive for traffickers to enlist their victims
to commit crimes, knowing full well that the people they press
into service will not be held responsible for their actions.
This proposal would allow a defendant whose claim was heard
and rejected at trial to return to court immediately after
conviction to vacate his or her conviction, notwithstanding
the fact that the trier of fact heard and rejected the
defense.
"In addition to being poor public policy, the bill fails to
provide courts or counsel with any guidance as to how these
claims are to be evaluated, and does not even include a burden
of proof. Meanwhile, it amounts to a legislative attempt to
strong-arm judges into granting these applications by
requiring denials to be in writing. The applicants need not
even show that they acted under duress to succeed in vacating
their convictions.
"This bill could create speedy exonerations for a wide variety
of felony and misdemeanor offenses, including registerable sex
offenses, residential burglary, weapons possession, every
variety of theft, vehicular manslaughter, elder abuse, child
abuse, and a great many crimes of violence not listed in Penal
Code section 667.5(c).
"Further, crime victims with restitution orders, stay-away
orders, and other expectations of protection would be left
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unprotected.
"Two years ago, AB 1585 (chapter 708, Statutes of 2014) was
enacted with near unanimous support, as a measured,
fair-minded and reasonable path allowing trafficking victims
to clean the slate without inflicting any harm on crime
victims."
10)Related Legislation:
a) AB 1760 (Santiago), requires police officers to make a
determination if a minor arrestee is victim of human
trafficking or has engaged in a commercial sex act. If
such a determination is made, provides the minor with
immunity from arrest and prosecution for non-violent
offenses committed as a direct result of being a trafficked
and immunity from arrest and prosecution for commercial sex
acts. AB 1760 is set for hearing in this committee on
April 5, 2016.
b) AB 1761 (Weber) creates an affirmative defense against
any nonviolent crime committed as a direct result of being
a human trafficking victim, and would make any unproven
theories regarding the effect of human trafficking on human
trafficking victims admissible in criminal action. AB 1761
is awaiting a hearing in this committee.
c) SB 823 (Block), creates a presumption that if a
defendant or person who has been arrested, convicted, or
adjudicated a ward of the juvenile court for committing any
offense while he or she was a victim of human trafficking
shows evidence that the arrest, conviction, or adjudication
was the result of his or her status as a victim of human
trafficking, the defendant or person has met the
requirements for relief under these provisions. SB 823 is
awaiting a hearing in the Senate Public Safety Committee.
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11)Prior Legislation:
a) AB 1585 (Alejo), Chapter, 708, Statutes of 2014,
provides that a defendant who has been convicted of
solicitation or prostitution may petition the court to set
aside the conviction if the defendant can establish by
clear and convincing evidence that the conviction was the
result of his or her status as a victim of human
trafficking.
b) AB 2040 (Swanson), Chapter 197, Statutes of 2012,
provides that a person who was adjudicated a ward of the
court for the commission of a violation of specified
provisions prohibiting prostitution may petition a court to
have his or her records sealed as these records pertain to
the prostitution offenses without showing that he or she
has not been subsequently convicted of a felony or
misdemeanor involving moral turpitude, or that
rehabilitation has been attained.
c) AB 1940 (Hill), of the 2011-12 Legislative Session,
would have authorized a court to seal a record of
conviction for prostitution based on a finding that the
petitioner is a victim of human trafficking, that the
offense is the result of the petitioner's status as a
victim of that crime, and that the petitioner is therefore
factually innocent. AB 1940 was held on the Assembly
Committee on Appropriations' Suspense File.
d) AB 702 (Swanson), of the 2011-12 Legislative Session,
would have allowed a person adjudicated a ward of the court
or a person convicted of prostitution to have his or her
record sealed or conviction expunged without showing that
he or she has not been subsequently convicted or that he or
she has been rehabilitated. AB 702 was never heard by this
Committee and was returned to the Chief Clerk.
e) AB 22 (Lieber), Chapter 240, Statutes of 2005, created
the California Trafficking Victims Protection Act, which
established civil and criminal penalties for human
trafficking and allowed for forfeiture of assets derived
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from human trafficking. In addition, the Act required law
enforcement agencies to provide Law Enforcement Agency
Endorsement to trafficking victims, providing trafficking
victims with protection from deportation and created the
human trafficking task force.
REGISTERED SUPPORT / OPPOSITION:
Support
Coalition to Abolish Slavery and Trafficking (Sponsor)
American Civil Liberties Union
California Partnership to End Domestic Violence
California Public Defenders Association
Conference of California Bar Associations
Legal Services for Prisoners with Children
National Association of Social Workers
Opening Doors, Inc.
Opposition
AB 1762
Page 20
Alameda County District Attorney
California District Attorneys Association
Sacramento County District Attorney
Analysis Prepared
by: Gabriel Caswell / PUB. S. / (916) 319-3744