Bill Text: CA AB2040 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prostitution: human trafficking: expungement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-08-27 - Chaptered by Secretary of State - Chapter 197, Statutes of 2012. [AB2040 Detail]

Download: California-2011-AB2040-Introduced.html

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BILL NUMBER: AB 2040	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 23, 2012

   An act to add Section 1203.47 to the Penal Code, relating to
prostitution.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2040, as introduced, Swanson. Prostitution: human trafficking:
expungement.
   Existing law authorizes the court, upon petition from a person who
has reached 18 years of age, to seal all records relating to the
person's case in the custody of a juvenile court if the person 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. Under existing law, a person may have a
conviction for a misdemeanor set aside if the court, in its
discretion and the interests of justice, determines that a defendant
should be granted relief, provided that the petitioner is not then
serving a sentence for any other offense, is not on probation for
another offense, and is not being charged with any other offense.
   This bill would provide 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, as provided.
   The bill would provide that a person who was 18 years of age or
older, or who was under 18 years of age but was tried as an adult, at
the time of a commission of a violation of specified provisions
prohibiting prostitution may petition a court to allow the petitioner
to withdraw his or her plea of guilty or plea of nolo contendere and
enter a plea of not guilty, or to have the court set aside the
verdict. The bill would require the court to grant the petition if
the petitioner has made a satisfactory showing that the violation was
a result of the petitioner having been a victim of human
trafficking. The bill would provide that the relief provided by the
bill would not apply to a person who paid money, or attempted to pay
money, to any person for the purposes of prostitution, as specified.
   The bill would provide that these provisions apply to convictions
and adjudications that occurred before and after the effective date
of the bill.
   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 1203.47 is added to the Penal Code, to read:
   1203.47.  (a) A person who was found to be a person described in
Section 602 of the Welfare and Institutions Code by reason of the
commission of an offense described in subdivision (b) of Section 647
or in Section 653.22 may, upon reaching 18 years of age, petition the
court to have his or her record sealed, as provided in Section 781
of the Welfare and Institutions Code, except that, as pertaining to
any records regarding the commission of an offense described in
subdivision (b) of Section 647 or in Section 653.22, it shall not be
a requirement in granting the petition for 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. Upon granting the petition, all
records relating to the violation or violations of subdivision (b) of
Section 647 or of Section 653.22, or both, shall be sealed pursuant
to Section 781 of the Welfare and Institutions Code.
   (b) A person who was 18 years of age or older at the time of a
commission of a violation of subdivision (b) of Section 647, or of
Section 653.22, or a person who was under 18 years of age but was
tried as an adult, may petition a court to withdraw his or her plea
of guilty or plea of nolo contendere and enter a plea of not guilty,
or if he or she has been convicted after a plea of not guilty, to
petition the court to set aside the verdict of guilty. The court
shall grant the petition if, in the discretion of the court, the
petitioner has made a satisfactory showing that the violation was a
result of the petitioner having been a victim of human trafficking.
The conviction of another person pursuant to Section 236.1 in
relation to the petitioner's conviction under subdivision (b) of
Section 647, or of Section 653.22, shall be strongly considered as
evidence that the petitioner was a victim of human trafficking. If
the petition is granted pursuant to this subdivision, the court shall
dismiss the accusations or information against the petitioner, or
set aside the verdict of guilty, and the petitioner will thereafter
be released from all penalties and disabilities resulting from the
offense. Evidence that a violation of subdivision (b) of Section 647
or of Section 653.22 was the result of having been a victim of human
trafficking may include, but is not limited to, any of the following:

   (1) Certified records of federal or state court proceedings that
demonstrate that the defendant was a victim of a trafficker who was
charged with a trafficking offense.
   (2) Certified records of approval notices or law enforcement
certifications generated from federal immigration proceedings
available to the victim.
   (3) A sworn statement from a trained professional staff member of
a victim services organization, an attorney, a member of the clergy,
or a medical or other professional from whom the defendant sought
assistance in addressing the trauma associated with being trafficked.

   (4) Any evidence of probative value that the court deems
sufficiently credible.
   (c) The relief provided by this section does not apply to a person
convicted pursuant to subdivision (b) of Section 647 or of Section
653.22 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 in subdivision (b) of Section 647.
   (d) This section applies to convictions and adjudications that
occurred before, as well as those that occur after, the effective
date of this section.
   (e) A petition granted pursuant to this section does not authorize
the sealing of any part of a person's record that is unrelated to a
violation of subdivision (b) of Section 647, Section 653.22, or both.