BILL ANALYSIS                                                                                                                                                                                                    



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 1762 (Campos) - Human trafficking:  victims:  vacating  
          convictions
          
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          |Version: May 31, 2016           |Policy Vote: PUB. S. 5 - 1      |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: August 11, 2016   |Consultant: Jolie Onodera       |
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          *********** 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  
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          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  
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