BILL ANALYSIS �
AB 1585
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CONCURRENCE IN SENATE AMENDMENTS
AB 1585 (Alejo and Campos)
As Amended August 19, 2014
Majority vote
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|ASSEMBLY: |79-0 |(May 28, 2014) |SENATE: |35-0 |(August 25, |
| | | | | |2014) |
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Original Committee Reference: PUB. S.
SUMMARY : Provides that a defendant who has been convicted of
solicitation or prostitution may petition the court to set aside
the conviction 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.
The Senate amendments double join this bill with AB 2404
(Eggman) of the current legislative session, to avoid chaptering
issues.
EXISTING LAW :
1)Allows a court to set aside a conviction of a person who has
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.
2)Provides that the relief pursuant to Penal Code (PC) 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)Provides that a person who was under the age of 18 at the time
of 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
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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. 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.
4)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 or
her records sealed as these records pertain to the
prostitution offenses without showing that he or 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.
5)States that any person who was under the age of 18 when he or
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
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 or
her juvenile record.
7)Provides that Department of Justice (DOJ) shall maintain state
summary criminal history information and authorizes DOJ to
furnish state summary criminal history information to
statutorily authorized entities for specified purposes
including employment and licensing.
8)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 posttrial diversion
program. Nor shall any employer seek from any source
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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 posttrial diversion program. Nothing in this
section 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 or her own
recognizance pending trial. This provision does not apply to
employment of peace officers.
AS PASSED BY THE ASSEMBLY , this bill:
1)Allows a court 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 or she committed the crime;
b) Orders expungement relief; and,
c) Notifies the DOJ that the petitioner was a victim of
human trafficking when he or she committed the crime and
the relief that has been ordered by the court.
Prohibits DOJ from disseminating the petitioner's record of
conviction for applications and petitions related to adoptions,
and other specified licensing, employment and certification
requirements.
FISCAL EFFECT : According to the Senate Appropriations
Committee, potential near-term court costs in the range of
$125,000 to $250,000 (General Fund*) for every five to ten
percent of the estimated 25,000 misdemeanor convictions for
prostitution accrued over the past nine years (since human
trafficking under PC Section 236.1 was established) that
petition the court. This estimate assumes 90 minutes of court
time per petition ($100 per 90 minutes). Out-year court costs
potentially less than $30,000 assuming petitions filed for every
five to ten percent of 2,700 misdemeanor convictions annually
going forward.
*Trial Court Trust Fund
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COMMENTS : According to the author, "Human trafficking has
become a serious issue in our state, with people being bought,
sold and smuggled like modern-day slaves. It affects people of
all races, religions and backgrounds, and can have long lasting
effects on victims and their families. The purpose of this bill
is to help those most affected by human trafficking create a new
life and move beyond their harsh past. A person forced into a
life of prostitution should not be branded as a criminal."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0005428