BILL ANALYSIS �
AB 2040
Page 1
ASSEMBLY THIRD READING
AB 2040 (Swanson)
As Amended May 25, 2012
Majority vote
PUBLIC SAFETY 4-2 APPROPRIATIONS 12-5
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|Ayes:|Ammiano, Cedillo, |Ayes:|Fuentes, Blumenfield, |
| |Mitchell, Skinner | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Gatto, Ammiano, Hill, |
| | | |Lara, Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Knight, Hagman |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
| | | | |
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SUMMARY : Allows a person adjudicated as a ward of the court for
an act of prostitution to have his or her record sealed or
expunged without having to show that he or she has not been
convicted of a felony, an offense involving moral turpitude, or
has been rehabilitated. Specifically, this bill :
1)Provides that a person adjudicated a ward of the court for an
offense involving an act of prostitution, may upon reaching 18
years of age, petition the court to have his or her record
sealed without requiring the person to show that he or she has
not been convicted of a felony or of any misdemeanor involving
moral turpitude, or that rehabilitation has been attained to
the satisfaction of the court.
2)Makes ineligible for relief a person who paid or attempted to
pay money or any other valuable thing to any person for the
purpose of prostitution.
3)Specifies that the provisions of this bill apply
retroactively.
4)Clarifies that this bill does not authorize the sealing of any
part of a person's record that is unrelated to an act of
prostitution.
AB 2040
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EXISTING LAW :
1)Allows a person who has reached 18 years of age to petition a
court to seal all records relating to the person's case in the
custody of a juvenile court if he or she has not been
subsequently convicted of a felony or misdemeanor involving
moral turpitude and if rehabilitation has been attained to the
satisfaction of the court. Once the court has ordered the
person's records sealed, the proceedings in the case shall be
deemed never to have occurred, and the person may properly
reply accordingly to any inquiry about the events, the records
of which are ordered sealed. The court shall send a copy of
the order to each agency and official named therein, directing
the agency to seal its records and stating the date thereafter
to destroy the sealed records.
2)Allows a judge of the juvenile court in which a petition was
filed, at any time before the minor reaches the age of 21
years, to dismiss the petition or may set aside the findings
and dismiss the petition if the court finds that the interests
of justice and the welfare of the minor require such dismissal
or if it finds that the minor is not in need of treatment or
rehabilitation. The court shall have jurisdiction to order
such dismissal or setting aside of the findings and dismissal
regardless of whether the minor is, at the time of such order,
a ward or dependent child of the court.
3)Allows a person to have a misdemeanor conviction set aside if
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.
4)Provides that in a case in which a person was under the age of
18 years at the time of commission of a misdemeanor and is
eligible for, or has previously received, the relief provided
by laws relating to expungement, that person 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
defendant was acquitted or charges were dismissed. If the
court finds that the person was under the age of 18 at the
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time of the commission of the misdemeanor, and is eligible for
relief under laws relating to expungement, or has previously
received that relief, it may issue its order granting the
relief prayed for. 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.
5)States that any person who solicits or who agrees to engage in
or who engages in any act of prostitution is guilty of
misdemeanor disorderly conduct. A person agrees to engage in
an act of prostitution when, with specific intent to so
engage, he or she manifests an acceptance of an offer or
solicitation to so engage, regardless of whether the offer or
solicitation was made by a person who also possessed the
specific intent to engage in prostitution. No agreement to
engage in an act of prostitution shall constitute a violation
of this subdivision unless some act, in addition to the
agreement, is done within California in furtherance of the
commission of an act of prostitution by the person agreeing to
engage in that act. "Prostitution" includes any lewd act
between persons for money or other consideration.
6)States that it is unlawful for a person to loiter in a public
place with intent to commit prostitution. Intent is evidenced
by acting in a manner and under circumstances which openly
demonstrate the purpose of inducing, enticing, or soliciting
prostitution, or procuring another to commit prostitution.
7)Provides that any person who deprives or violates the personal
liberty of another with the intent to effect or maintain a
felony violation of enticement of a minor into prostitution,
pimping or pandering, abduction of a minor for the purposes of
prostitution, extortion, or to obtain forced labor or
services, is guilty of human trafficking.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown, likely less than $100,000, state trial court
costs, to the extent record sealing petitions increase.
COMMENTS : According to the author, "Victims of human
trafficking are often forced into prostitution and other crimes
against their will. When these victims try to leave the sex
trade, their criminal records often follow them, limiting their
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employment and housing opportunities and making it difficult for
them to integrate back into society and a safe environment.
"Current laws authorizing the sealing of juvenile court records
and the setting aside of misdemeanor convictions do not take
into account the fact that many convictions were the direct
result of human trafficking.
"AB 2040 assists persons who were victims of human trafficking
in two significant ways: 1) With respect to record sealing, AB
2040 deletes the requirement that a petitioner show the he or
she has not been subsequently convicted of a felony or
misdemeanor involving moral turpitude or that rehabilitation has
been attained. Rehabilitation is an impossible legal hurdle to
prove for someone whose crime was caused by their commercial
sexual exploitation. By deleting the rehabilitation
requirement, AB 2040 makes it easier for those victims to get
their juvenile records sealed. 2) With respect to petitions to
withdraw pleas and set aside convictions, AB 2040 would require
a court to grant the petition for setting aside certain
convictions for prostitution if the petitioner has demonstrated
that the violation was a result of the petitioner having been a
victim of human trafficking. The bill also describes some of
the types of evidence a court should consider in making that
determination."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0003840