BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1585|
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THIRD READING
Bill No: AB 1585
Author: Alejo (D) and Campos (D), et al.
Amended: 5/23/14 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 6/17/14
AYES: Hancock, Anderson, Liu, Mitchell, Steinberg
NO VOTE RECORDED: De Le�n, Knight
SENATE APPROPRIATIONS COMMITTEE : 6-0, 8/14/14
AYES: De Le�n, Gaines, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Walters
ASSEMBLY FLOOR : 79-0, 5/28/14 - See last page for vote
SUBJECT : Human trafficking
SOURCE : California Attorney General
DIGEST : This bill provides that a defendant who has been
convicted of solicitation or prostitution, as specified, may
petition the court for, and the court may set aside the
conviction if the defendant can show that the conviction was the
result of his/her status as a victim of human trafficking.
ANALYSIS :
Existing law:
1.Allows a court to set aside a conviction of a person who has
CONTINUED
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fulfilled the conditions of probation for the entire period of
probation, or has been discharged prior to the termination of
the period of probation, or who 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. (Penal Code Section 1203.4 (a).)
2.Provides that the relief pursuant to Penal Code Section 1203.4
does not relieve the petitioner of the obligation to disclose
the conviction in response to any direct question contained in
any questionnaire or application for public office, for
licensure by any state or local agency, or for contracting
with the California State Lottery Commission.
3.States that a person who was adjudicated a ward of the court
for the commission of a violation of specified provisions
prohibiting prostitution may petition a court to have his/her
records sealed as these records pertain to the prostitution
offenses without showing that he/she has not been subsequently
convicted of a felony or misdemeanor involving moral
turpitude, or that rehabilitation has been attained. This
relief is not available to a person who paid money or any
other valuable thing, or attempted to pay money or any other
valuable thing, to any person for the purpose of prostitution,
as defined.
4.Provides that a person who was under the age of 18 at the time
of a commission of a misdemeanor and is eligible for, or has
previously received expungement relief, 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 the
defendant was acquitted or charges were dismissed. 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 was under the age of 18 when he/she
was arrested for a misdemeanor, may petition the court in
which the proceedings occurred or, if there were no court
proceedings, the court in whose jurisdiction the arrest
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occurred, for an order sealing the records in the case,
including any records of arrest and detention, in certain
circumstances.
6.Allows in certain cases, a person who has reached the age of
18 years to petition the juvenile court for sealing of his/her
juvenile record.
7.Prohibits an employer, whether a public agency or private
individual or corporation, from asking an applicant for
employment to disclose, through any written form or verbally,
information concerning an arrest or detention that did not
result in conviction, or information concerning a referral to,
and participation in, any pretrial or post-trial diversion
program; nor shall any employer seek from any source
whatsoever, or utilize, as a factor in determining any
condition of employment including hiring, promotion,
termination, or any apprenticeship training program or any
other training program leading to employment, any record of
arrest or detention that did not result in conviction, or any
record regarding a referral to, and participation in, any
pretrial or post-trial diversion program. States that nothing
shall prevent an employer from asking an employee or applicant
for employment about an arrest for which the employee or
applicant is out on bail or on his/her own recognizance
pending trial. This provision does not apply to employment of
peace officers.
This bill:
1.Allows a court, upon making a finding that a defendant has
been convicted of solicitation or prostitution as a result of
his/her status as a victim of human trafficking, to issue an
order that does all of the following:
A. Sets forth a finding that the petitioner was a victim of
human trafficking when he/she committed the crime;
B. Orders expungement relief;
C. Notifies the Department of Justice (DOJ) that the
petitioner was a victim of human trafficking when he/she
committed the crime and the relief that has been ordered by
the court; and
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D. Prohibits DOJ from disseminating the petitioner's record
of conviction for specified licensing, employment and
certification requirements.
Comments
According to the author's office, under existing law, when a
victim of human trafficking is convicted of solicitation or
prostitution their only option is to have the conviction set
aside or dismissed under Penal Code Section 1203.4. However,
even when the conviction has been set aside, it may be
discovered during the criminal history background check process.
As a result, the current expungement process still requires DOJ
to reveal these convictions to employers, and licensing and
certification entities.
The existing law is unfair. These individuals are the true
victims of the crime, and a victim should not be prevented
opportunities that allow them to live a normal life. According
to a study by the Polaris Project, a group committed to
combating human trafficking, having a conviction of prostitution
on one's record makes it difficult for a victim of human
trafficking to fully integrate back into society.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, potential
near-term court costs in the range of $125,000 to $250,000
(*Trial Court Trust Fund) for every 5% to 10% of the estimated
25,000 misdemeanor convictions for prostitution accrued over the
past nine years (since human trafficking under Penal Code
Section 236.1 was established) that petition the court. This
estimate assumes 90 minutes of court time per petition ($100/90
minutes). Out-year court costs potentially less than $30,000
assuming petitions filed for every 5% to 10% of 2,700
misdemeanor convictions annually going forward.
SUPPORT : (Verified 8/13/14)
California Attorney General (source)
Alameda County District Attorney
American Academy of Pediatrics
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California Against Slavery
California Catholic Conference
California Coalition for Youth
California Communities United Institute
California District Attorneys Association
Californians for Safety and Justice
Citizens for Law and Order, Inc.
City and County of San Francisco
City of Oakland
Crime Victims Action Alliance
Taxpayers for Improving Public Safety
The Child Abuse Prevention Center
ASSEMBLY FLOOR : 79-0, 5/28/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez,
Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A.
P�rez, V. Manuel P�rez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Vacancy
JG:e 8/15/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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