SB 823, as introduced, Block. Criminal procedure: human trafficking.
Existing law defines and proscribes the crimes of human trafficking, solicitation, and prostitution. Existing law provides that if a defendant has been convicted of solicitation or prostitution and 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, and would authorize a court to issue an order that (1) sets forth a finding that the defendant was a victim of human trafficking, as specified, (2) dismisses the accusation or information against the defendant, or orders other relief, and (3) notifies the Department of Justice that the defendant was a victim of human trafficking when he or she committed the crime and the relief that has been ordered.
Existing law authorizes a person who was adjudicated a ward of the juvenile court for solicitation or prostitution to, upon reaching 18 years of age, petition the court to have his or her record sealed, as specified.
This bill would instead create 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. The bill would additionally require the order of relief to include sealing related arrest and court records. The bill would provide that official documentation of a petitioner’s status as a victim of human trafficking, as defined, shall establish a presumption that his or her participation in the offense was the result of the petitioner’s status as a victim of human trafficking. The bill would provide that a petitioner or his or her attorney is not required to appear in person at a hearing for the relief described above, and may appear via alternate specified methods. The bill would prohibit the disclosure of the full name of a petitioner in the record of a proceeding related to his or her petition that is accessible by the public. The bill would authorize a petitioner who has obtained the relief described above to lawfully deny or refuse to acknowledge an arrest, conviction, or adjudication that is set aside pursuant to that relief.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1203.49 of the Penal Code is amended
2to read:
begin insert(a)end insertbegin insert end insertIf a defendant has beenbegin insert arrested for orend insert convicted
4ofbegin delete solicitation or prostitution,end deletebegin insert any offense committed while he or
5she was a victim of human trafficking, including, but not limited
6to, solicitation or prostitution,end insert as described in subdivision (b) of
7Section 647,begin delete and if the defendant has completed any term of
the defendant may petition the court
8probation for that conviction,end delete
9for relief under this section. If thebegin delete defendantend deletebegin insert petitionerend insert can establish
10begin delete by clear and convincing evidenceend delete that thebegin insert arrest orend insert conviction was
11the result of his or her status as a victim of human trafficking,begin insert the
12petitioner shall be entitled to a presumption that the requirements
13for relief have been met, andend insert the court may issue an order that does
14all of the following:
15(a)
end delete
P3 1begin insert(1)end insert Sets forth a finding that the petitioner was a victim of human
2trafficking when he or she committed thebegin delete crime.end deletebegin insert offense.end insert
3(b) Orders any of the relief described in Section 1203.4.
end delete
4(2) Sets aside the verdict of guilty and dismisses the accusation
5or information against the petitioner.
6(3) Seals the arrest and court records relating to the arrest and
7conviction.
8(c)
end delete
9begin insert(4)end insert Notifies the Department of Justice that the petitioner was a
10victim of human trafficking when he or she committed the crime
11and the relief that has been ordered.
12(b) A person who was arrested or found to be a person described
13in Section 602 of the Welfare and Institutions Code because he or
14she committed an offense while he or she was a victim of human
15
trafficking, including, but not limited to, solicitation or prostitution,
16as described in subdivision (b) of Section 647, may petition the
17court for relief under this section. If the petitioner can establish
18that the arrest or adjudication was the result of his or her status
19as a victim of human trafficking, the petitioner shall be entitled to
20a presumption that the requirements for relief have been met, and
21the court may issue an order that does all of the following:
22(1) Sets forth a finding that the petitioner was a victim of human
23trafficking when he or she committed the offense.
24(2) Sets aside the verdict of guilty and dismisses the accusation
25or information
against the petitioner.
26(3) Seals the arrest and court records relating to the arrest and
27adjudication.
28(4) Notifies the Department of Justice that the petitioner was a
29victim of human trafficking when he or she committed the crime
30and the relief that has been ordered.
31(c) For the purposes of this section, official documentation of
32a petitioner’s status as a victim of human trafficking shall establish
33a presumption that his or her participation in the offense was the
34result of his or her status as a
victim of human trafficking. For the
35purposes of this subdivision, “official documentation” means any
36documentation issued by a federal, state, or local agency that tends
37to show the petitioner’s status as a victim of human trafficking.
38Official documentation shall not be required for the issuance of
39an order described in subdivision (a).
P4 1(d) A petitioner, or his or her attorney, is not required to appear
2in person at a hearing for relief pursuant to this section, and may
3appear telephonically, via videoconference, or by other electronic
4means established by the court.
5(e) Notwithstanding any other law, a petitioner who has obtained
6an order pursuant to this section
may lawfully deny or refuse to
7acknowledge an arrest, conviction, or adjudication that is set aside
8pursuant to the order.
9(f) Notwithstanding any other law, the records of the arrest,
10conviction, or adjudication shall not be distributed to any state
11licensing board.
12(g) The record of a proceeding related to a petition pursuant
13to this section that is accessible by the public shall not disclose
14the petitioner’s full name.
15(h) A court that grants relief pursuant to this section may take
16additional
action as appropriate under the circumstances to carry
17out the purposes of this section.
18(i) If the court denies the petition for relief because the evidence
19is insufficient to establish that the arrest, conviction, or
20adjudication was the result of the petitioner’s status as a victim
21of human trafficking, the denial shall be without prejudice. The
22court shall state the reasons for its denial in writing and, if those
23reasons are based on curable deficiencies in the petition, allow
24the petitioner a reasonable time period to cure the deficiencies
25upon which the court has based the denial.
The Legislature finds and declares that Section 1 of
27this act, which amends Section 1203.49 of the Penal Code, imposes
28a limitation on the public’s right of access to the meetings of public
29bodies or the writings of public officials and agencies within the
30meaning of Section 3 of Article I of the California Constitution.
31Pursuant to that constitutional provision, the Legislature makes
32the following findings to demonstrate the interest protected by this
33limitation and the need for protecting that interest:
34In order to protect the privacy of victims of human trafficking
35and to improve their opportunities for recovery, it is necessary that
36this act limit the public’s right of access to the full name of a
37petitioner who seeks relief from an arrest
or conviction for an
P5 1offense in which the petitioner participated as a result of his or her
2status as a victim of human trafficking.
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