BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1762 (Campos) - Human trafficking: victims: vacating
convictions
-----------------------------------------------------------------
| |
| |
| |
-----------------------------------------------------------------
|--------------------------------+--------------------------------|
| | |
|Version: May 31, 2016 |Policy Vote: PUB. S. 5 - 1 |
| | |
|--------------------------------+--------------------------------|
| | |
|Urgency: No |Mandate: Yes |
| | |
|--------------------------------+--------------------------------|
| | |
|Hearing Date: August 11, 2016 |Consultant: Jolie Onodera |
| | |
-----------------------------------------------------------------
*********** ANALYSIS ADDENDUM - SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 11, 2016
Bill
Summary: AB 1762 would allow an individual convicted of a
nonviolent offense while he or she was a victim of human
trafficking to apply to the court to vacate the conviction if
the individual is not in custody and has either not been
convicted of any crime for the two years immediately preceding
the application or has successfully completed probation for the
nonviolent offense.
AB 1762 (Campos) Page 1 of
?
Fiscal
Impact:
New hearings : Potentially significant to major ongoing
increase in court workload (General Fund*) to hold hearings on
applications for relief that are opposed by the state or local
prosecutorial agency. The number of hearings prompted by
opposition to applications for relief is unknown but
potentially significant. For every 250 hearings conducted
annually statewide (less than five hearings per county) could
result in increased court costs of $400,000, to $1.6 million
assuming a range of two to eight hours per hearing. To the
extent the number of hearings conducted is greater, costs
could be substantially higher.
DOJ workload : Ongoing workload to the Department of Justice
(DOJ) of about $85,000 (General Fund) annually to evaluate and
interpret state summary criminal history information to
exclude any charge or conviction for which relief has been
granted pursuant to this bill.
Penalty/fee revenue loss : Potential minor loss of penalty,
fine, and fee revenue (General Fund/LocalFunds/Special Funds)
due to the mandatory relief from all penalties and
disabilities resulting from relief being granted. It is
assumed the majority of outstanding fees/fines, and
specifically Restitution, will have been paid as a condition
of probation.
*Trial Court Trust Fund
Author
Amendments:
Provide for judicial discretion whether to grant or deny
an application.
Authorize the consolidation of petitions for multiple
convictions from different jurisdictions into one hearing,
as specified.
Expand eligibility to petition to individuals not in
custody and has either not been convicted of any crime for
the two years immediately preceding the application or has
successfully completed probation for the nonviolent
offense.
Make other technical and clarifying changes.
AB 1762 (Campos) Page 2 of
?