BILL ANALYSIS �
AB 1887
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Date of Hearing: April 30, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1887 (Campos) - As Introduced: February 19, 2014
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill authorizes a court to seal a record of conviction for
prostitution or solicitation based on a finding the petitioner
is a victim of human trafficking, the offense is the result of
the petitioner's status as a victim of that crime, and the
petitioner is therefore factually innocent. Specifically, this
bill:
1)States if the court finds the petitioner to be factually
innocent of the charges of which he or she was convicted, the
court shall set aside the conviction and grant the
petitioner's request to seal and subsequently destroy his or
her record.
2)Declares a convicted person factually innocent in any case in
which that person's participation in an offense relating to
prostitution was a result of having been a victim of human
trafficking under state or federal law, as specified.
3)Makes a finding that a petitioner is factually innocent as a
result of having been a victim of human trafficking admissible
as evidence in a civil action brought by the petitioner.
FISCAL EFFECT
Unknown annual state trial court costs, potentially in excess of
$150,000. Based on about 10,000 misdemeanor adult dispositions
for prostitution statewide, if just 2% pursued such a petition,
with an average of two hours of court time per case, the annual
GF cost to the state trial courts could exceed $200,000.
AB 1887
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COMMENTS
1)Rationale . The author and proponents contend current law
relating to record-sealing and expungement does not
sufficiently address the special circumstances of human
trafficking, and that prostitution related to human
trafficking merits a special consideration under the factual
innocence statute.
2)Should persons convicted of a crime be declared factually
innocent? Statute governing sealing and destruction of
records and determination of factual innocence is for the
benefit of defendants who have not committed a crime. The
statute applies only to persons who have not been convicted of
crime, on the rationale that people who have not committed a
crime should be entitled to a judicial remedy to make up for
putting the person through criminal proceedings.
Recognizing the horrible circumstances of human trafficking,
perhaps a separate statute should be considered for these
circumstances; one that does not deem factual innocence when
there has been a conviction.
3)Is there a need for a special record-sealing procedure for
prostitution? Current law provides sealing and expungement
relief to juveniles adjudicated for most offenses and adults
convicted of most misdemeanors, including prostitution. For
offenses committed as a juvenile, the petitioner may have his
or her record sealed upon reaching 18 years of age if he or
she has not been subsequently convicted of a felony or a
misdemeanor involving moral turpitude, and if the court is
satisfied that the petitioner has been rehabilitated. In
addition, an offender may file a petition any time before
reaching the age of 21 to dismiss the petition if the court
finds 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.
For misdemeanor offenses committed as an adult, the offender
may have his or her conviction set aside or dismissed upon a
showing the petitioner has completed probation, is not serving
a sentence for any other offense, is not on probation for any
other offense, and is not being charged with any other
offense.
AB 1887
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Is there a need to create a special sealing procedure for
prostitution offenses when relief is available under existing
law?
4)Support . A list of entities including the Catholic Conference
of Bishops, the CA Partnership to End Domestic Violence, the
CA Police Chiefs Association, the CA Public Defenders
Association, the Chief Probation Officers Association, and the
Peace Officers Research Association of CA all contend this
bill offers restorative relief to people whose crimes were
essentially the product of their victimization.
5)There is no registered opposition .
6)Related Legislation .
a) AB 1585 (Alejo), on this committee's Suspense File,
allows a defendant convicted of solicitation or
prostitution to 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.
b) AB 1940 (Hill), 2012, was identical to AB 1887 and was
held on this committee's Suspense File.
c) AB 2040 (Swanson), Chapter 197, Statutes of 2012, allows
a minor adjudicated a ward of the court to have his or her
record sealed or conviction expunged without showing that
he or she has not been subsequently convicted or that he or
she has been rehabilitated. The bill passed this committee
after being amended to apply only to minors.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081