BILL NUMBER: SB 823 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 31, 2016
INTRODUCED BY Senator Block
JANUARY 6, 2016
An act to amend Section 1203.49 of the Penal Code, relating to
human trafficking.
LEGISLATIVE COUNSEL'S DIGEST
SB 823, as amended, 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 nonviolent offense
while he or she was a victim of human trafficking shows evidence that
the arrest, conviction, or adjudication was the direct
result of his or her status as a victim of human
trafficking, or in clear connection with a human
trafficking scheme of which he or she was a victim, the
defendant or person has met the requirements for relief under these
provisions. The bill would require that the petition be made
within a reasonable time after the person ha s ceased to
be a victim of human trafficking, or within a reasonable time after
the person has sought services for being a victim of human
trafficking, whichever is later. The bill would additionally
require the order of relief to include sealing related arrest and
court records. The bill would provide that official
documentation documentation, as defined, of a
petitioner's status as a victim of human trafficking, as
defined, shall establish trafficking establishes
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 1. Section 1203.49 of the Penal Code is amended to read:
1203.49. (a) If a defendant has been arrested for or convicted of
any nonviolent offense committed while he or she was a
victim of human trafficking, including, but not limited to,
solicitation or prostitution, as described in subdivision (b) of
Section 647, the defendant may petition the court for relief under
this section. If the petitioner can establish that the arrest or
conviction was the direct result of his or her
status as a victim of human trafficking, or in clear
connection with a human trafficking scheme of which he or
she was a victim, the petitioner shall be entitled to a
presumption that the requirements for relief have been met, and the
court may issue an order that does all of the following:
(1) Sets forth a finding that the petitioner was a victim of human
trafficking when he or she committed the offense.
(2) Sets aside the verdict of guilty and dismisses the accusation
or information against the petitioner.
(3) Seals the arrest and court records relating to the arrest and
conviction.
(4) 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.
(b) A person who was arrested or found to be a person described in
Section 602 of the Welfare and Institutions Code because he or she
committed an a nonviolent offense while
he or she was a victim of human trafficking, including, but not
limited to, solicitation or prostitution, as described in subdivision
(b) of Section 647, may petition the court for relief under this
section. If the petitioner can establish that the arrest or
adjudication was the direct result of his or her
status as a victim of human trafficking, or in clear
connection with a human trafficking scheme of which he or she was a
victim, the petitioner shall be entitled to a presumption that
the requirements for relief have been met, and the court may issue an
order that does all of the following:
(1) Sets forth a finding that the petitioner was a victim of human
trafficking when he or she committed the offense.
(2) Sets aside the verdict of guilty and dismisses the accusation
or information against the petitioner.
(3) Seals the arrest and court records relating to the arrest and
adjudication.
(4) 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.
(c) An application pursuant to this section shall be made and
heard within a reasonable time after the person has ceased to be a
victim of human trafficking, or within a reasonable time after the
person has sought services for being a victim of human trafficking,
whichever occurs later, subject to reasonable concerns for the safety
of the person, family members of the person, or other victims of
human trafficking that may be jeopardized by the bringing of the
application, or for other reasons consistent with the purpose of this
section.
(c)
(d) For the purposes of this section, official
documentation of a petitioner's status as a victim of human
trafficking shall establish a presumption that his or her
participation in the offense was the result of his or her status as a
victim of human trafficking. For the purposes of this subdivision,
"official documentation" means any documentation issued by a federal,
state, or local agency that tends to show the petitioner's status as
a victim of human trafficking. Official documentation shall not be
required for the issuance of an order described in subdivision (a).
(d)
(e) A petitioner, or his or her attorney, is not
required to appear in person at a hearing for relief pursuant to this
section, and may appear telephonically, via videoconference, or by
other electronic means established by the court.
(e)
(f) Notwithstanding any other law, a petitioner who has
obtained an order pursuant to this section may lawfully deny or
refuse to acknowledge an arrest, conviction, or adjudication that is
set aside pursuant to the order.
(f)
(g) Notwithstanding any other law, the records of the
arrest, conviction, or adjudication shall not be distributed to any
state licensing board.
(g)
(h) The record of a proceeding related to a petition
pursuant to this section that is accessible by the public shall not
disclose the petitioner's full name.
(h)
(i) A court that grants relief pursuant to this section
may take additional action as appropriate under the circumstances to
carry out the purposes of this section.
(i)
(j) If the court denies the petition for relief because
the evidence is insufficient to establish that the arrest,
conviction, or adjudication was the result of the petitioner's status
as a victim of human trafficking, 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 petition, allow the petitioner a reasonable time period to cure
the deficiencies upon which the court has based the denial.
(k) For the purposes of this section, "nonviolent offense" means
any offense except those listed in subdivision (c) of Section 667.5
of the Penal Code.
SEC. 2. The Legislature finds and declares that Section 1 of this
act, which amends Section 1203.49 of the Penal Code, imposes a
limitation on the public's right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the
following findings to demonstrate the interest protected by this
limitation and the need for protecting that interest:
In order to protect the privacy of victims of human trafficking
and to improve their opportunities for recovery, it is necessary that
this act limit the public's right of access to the full name of a
petitioner who seeks relief from an arrest or conviction for an
offense in which the petitioner participated as a result of his or
her status as a victim of human trafficking.