BILL ANALYSIS                                                                                                                                                                                                    



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    AB 1762       Hearing Date:    June 28, 2016    
          
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          |Author:    |Campos                                               |
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          |Version:   |May 31, 2016                                         |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|MK                                                   |
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            Subject:  Human Trafficking:  Victims:  Vacating Convictions



          HISTORY
          
          Source:   The Coalition to Abolish Slavery and Trafficking
                    National Council of Jewish Women
                    

          Prior Legislation:SB 823 (Block) in Assembly Public Safety 2016
                         AB 1585 (Alejo) - Ch.708, Stats. of 2014

          Support:  ACT for Women and Girls; American Academy of  
                    Pediatrics, California;  American Association of  
                    University Women, Long Beach; American Civil Liberties  
                    Union; The American Medical Women's Association;  
                    California Church IMPACT; California Public Defenders  
                    Association; California Women's Law Center; City of  
                    Los Angeles; Clergy and Laity United for Economic  
                    Justice; Coalition for Humane Immigrant Rights of Los  
                    Angeles; Conference of California Bar Associations;  
                    County of Santa Cruz; Legal Services for Prisoners  
                    with Children; The Jewish Public Affairs Committee of  
                    California; The Los Angeles Alliance for a New  
                    Economy;  National Association of Social Workers;  
                    National Council of Jewish Women-California; Religious  
                    Action Center of Reform Judaism








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          Opposition:Alameda County District Attorney; California District  
                    Attorneys Association; Judicial Council of California;  
                    Los Angeles County District Attorney's Office; San  
                    Diego County District Attorney

          Assembly Floor Vote:                 53 - 19
          

          PURPOSE

          The purpose of this bill is to allow an individual convicted of  
          a nonviolent crime while he or she was a human trafficking  
          victim to apply to the court to vacate the conviction at any  
          time after it was entered. 

          Existing law 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. (Penal Code  1203.4 (a).) 

          Existing law 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. The conviction can  
          be alleged in any subsequent criminal prosecution. If the  
          underlying conviction bars a person from possessing a firearm,  
          the dismissal of the conviction does not eliminate that  
          prohibition. (Penal Code  1203.4 (a),(b).) 

          Existing law 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  







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          thing, to any person for the purpose of prostitution as defined.  
          (Penal Code  1203.47.) 

          Existing law provides that a person who was under the age of 18  
          at the time of a 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 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. (Penal Code  1203.45.) 

          Existing law 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.)

          Existing law 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.) 

          Existing law 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. (Penal Code   
          236.1(a).) 

          Existing law states that any person who deprives or violates the  
          personal liberty of another with the intent to effect or  
          maintain a 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. (Penal Code  236.1 (b).) 

          Existing law provides that the Department of Justice (DOJ) shall  
          maintain state summary criminal history information and  
          authorizes DOJ to furnish state summary criminal history  
          information to statutorily authorized entities for specified  







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          purposes including employment and licensing. (Penal Code  
          11105.6.) 

          Existing law prohibits a public or private employer from asking  
          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 post-trial diversion program; nor shall any employer  
          seek from any source, or utilize, as a factor in determining any  
          condition or facet of employment, or any apprenticeship or other  
          training program leading to employment, any record of arrest or  
          detention that did not result in conviction, or any record  
          regarding any pretrial or post-trial 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. (Labor Code  432.7(a) and (e).) 

          Existing law allows a court, upon making a finding that a  
          defendant has been convicted of solicitation or prostitution as  
          a result of his or her status as a victim of human trafficking,  
          to issue an order that does all of the following: 

                 Sets forth a finding that the petitioner was a victim of  
               human trafficking when he or she committed the crime;  
                 Orders expungement relief; 
                 Notifies the Department of Justice (DOJ) that the  
               petitioner was a victim of human trafficking when he or she  
               committed the crime and the relief that has been ordered by  
               the court; and, 
                 Prohibits DOJ from disseminating the petitioner's record  
               of conviction for specified licensing, employment and  
               certification requirements. (Penal Code  1203.49.)

          This bill 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. 

          This bill 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. 








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          This bill defines "human trafficking victim" as a person who is  
          a victim of labor trafficking, sex trafficking, or trafficking  
          of a minor." 

          This bill defines "nonviolent crime" as "any crime or offense  
          other than murder, attempted murder, voluntary manslaughter,  
          mayhem, kidnaping, rape, robbery, arson, carjacking, or any  
          other violent felony as defined." 

          This bill specifies a procedure for victims to apply to the  
          court to have their convictions vacated. The procedure is  
          specified as follows: 

                 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. 
                 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. 
                 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. 
                 Allows the defendant applying for vacatur to submit  
               evidence containing personal identify information under  
               seal along with a statement under penalty of perjury  
               confirming his or her identity.
                 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. 
                 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  







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               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. 
                 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. 
                  Specifies that in making a determination on an  
               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: 
                  o         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 
                  o         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. 
                 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.







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                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past several years this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In December of 2015 the administration reported that as "of  
          December 9, 2015, 112,510 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.0% of design bed  
          capacity, and 5,264 inmates were housed in out-of-state  
          facilities.  The current population is 1,212 inmates below the  
          final court-ordered population benchmark of 137.5% of design bed  
          capacity, and has been under that benchmark since February  
          2015."  (Defendants' December 2015 Status Report in Response to  
          February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge  
          Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)  One  
          year ago, 115,826 inmates were housed in the State's 34 adult  
          institutions, which amounted to 140.0% of design bed capacity,  
          and 8,864 inmates were housed in out-of-state facilities.   
          (Defendants' December 2014 Status Report in Response to February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).)  
           
          While significant gains have been made in reducing the prison  
          population, the state must stabilize these advances and  







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          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.





          COMMENTS
          
          1.  Need for This Bill
          
          According to the author:

               Besides the psychological damage and physical harm  
               suffered by victims of trafficking, the often  
               extensive criminal records trafficking victims  
               frequently acquire are the most crippling legacy and  
               long-term barrier to recovery.  The record of  
               convictions remains with the victim for years, and in  
               many states for life.  The victim's criminal record  
               forecloses or hinders many opportunities for  
               employment, education and housing that former victims  
               would otherwise have and thereby makes a normal life  
               much more difficult.  








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          Recently, the federal government enacted incentives for  
          states which have vacatur laws.   Section 1002 of the  
          Justice for Victims of Trafficking Act of 2015 authorizes  
          preferential grant consideration to applicants in States  
          that provide a process for human trafficking victims to  
          move to vacate any arrest or conviction for non-violent  
          offenses committed as a "direct result" of trafficking (a)  
          that creates a rebuttable presumption that any arrest or  
          conviction of an individual for an offense associated with  
          human trafficking is the result of being a victim of human  
          trafficking if the victim has documentation of trafficking  
          issued by a federal, state or local agency, (b) that  
          protects the identity of human trafficking victims in  
          courts and other public records and (c) that does not  
          require a victim of human trafficking to provide official  
          documentation in order to receive protection under the  
          vacatur law.  

          2.  Duress and Necessity
          
          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." (Penal Code,  26.). 

                 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. 
                 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  







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               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  
               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.) 

          3.  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 office. Penal Code Section 1203.4a is only available for  
          defendants convicted of a misdemeanor and not granted probation.








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          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 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. 




          4. 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, 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. 

          5.  Support
          
          The sponsor of this bill, the Coalition to Abolish Slavery and  
          Trafficking, states:








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               Based on CAST experience as a service provider in  
               California, trafficking victims who finally escape  
               from their traffickers and seek to rebuild their lives  
               then experience the substantial barriers that criminal  
               convictions create on their pathway to recovery.   
               These hurdles include barriers to employment, housing,  
               public benefits, and other supportive systems. Former  
               trafficking victims are also often stigmatized as  
               criminals.  As one survivor aptly puts it "even after  
               I was freed I still feel the invisible bonds of  
               criminal convictions."


               Trafficking victims in California have suffered  
               enough. AB 1762 takes critical steps to fully  
               eliminate the barriers that criminal convictions  
               create for trafficking survivors. AB 1762 puts in  
               place a comprehensive system to ensure that all  
               trafficking survivors-both sex and labor, both adults  
               and children - are able to fully clear their criminal  
               records so that they can leave their trafficking  
               experience behind them. Because many survivors would  
               be able to expunge their criminal records after a  
               longer wait, CAST believes that this measure will not  
               increase fiscal costs beyond what is already spent on  
               expunging criminal convictions and might even create a  
               more streamline system in the long run saving the  
               state money.


               A survey by the National Survivor network showed that  
               90% of trafficking victims had criminal convictions,  
               that 20% had been arrested more than 10 times and that  
               10% had been arrested more than 30 times. CAST's  
               records show that some victims have been arrested 30  
               or 40 times in a few years under the control of  
               traffickers.  CAST has worked with one trafficking  
               victim who was arrested more than 200 times. Criminal  
               convictions for trafficking victims sometimes create  
               insurmountable barriers to the very support systems  
               that survivors need to recover. The National Survivor  
               Network Survey indicated that 80% of trafficking  
               survivors surveyed had lost or not received employment  
               because of their criminal convictions and 50% had  
               suffered barriers to accessing housing .As  NSN survey  







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               demonstrates, criminal convictions for trafficking  
               victims create long-term barriers for recovery. They  
               leave scars that follow victims into later life and  
               affect them educationally, occupationally,  
               financially, and psychologically.


               Although in the past California has taken steps to  
               remove convictions from prostitution from trafficking  
               survivors' records, many of the convictions  
               trafficking survivors face are not prostitution  
               related. Clearing only part of a criminal record is  
               often like not clearing the criminal record at all.  
               Additionally, past measures have required that  
               trafficking survivors have to wait to clear their 





               records until the terms of their probation are  
               complete and they have paid all fines and fees. Sine  
               trafficking victims have not committed these crimes,  
               these burdens create additional barriers to  
               trafficking victims' recovery and should not have to  
               be borne by trafficking survivors at all.


               AB1762 enables human trafficking victims to vacate  
               convictions for all non-violent crimes they 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 so that trafficking victims are not  
               re-traumatized by the process of clearing their  
               criminal records.   AB 1762 also fully clears criminal  
               records, as it extends to trafficking victims the same  
               standards of sealing arrest and court records that are  
               currently provided for factually innocent persons  
               wrongly convicted of crimes.  AB 1762 also explicitly  
               permits human trafficking victims to state that they  
               have never been arrested for, charged with or  
               convicted of the crime in question and it prohibits  
               the denial of rights or benefits, including employment  
               and housing benefits, based on the arrest, charge or  







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               conviction. Finally AB 1762 creates additional  
               protections for minors as it  establishes a conclusive  
               presumption that commercial sex crime convictions for  
               acts committed when the victim was under 18 years old  
               were the direct result of human trafficking, requiring  
               the resulting conviction to be vacated. [emphasis in  
               original]

          6.  Opposition
          
          The California District Attorneys Association opposes this bill  
          stating:

               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  







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               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).

               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.

               In addition to repealing the Penal Code section  
               created by AB 1585, this bill, by contrast, has the  
               potential to harm both public safety and crime victims


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