Bill Text: CA AB795 | 2013-2014 | Regular Session | Amended
Bill Title: Human trafficking.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB795 Detail]
Download: California-2013-AB795-Amended.html
BILL NUMBER: AB 795 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Alejo
FEBRUARY 21, 2013
An act to add Section 1203.49 to the Penal Code,
relating to human trafficking.
LEGISLATIVE COUNSEL'S DIGEST
AB 795, as amended, Alejo. Human trafficking.
Existing law defines and proscribes the crimes of human
trafficking, solicitation, and prostitution. Existing law also
authorizes a court, in its discretion and in the interests of
justice, to grant various forms of relief to a petitioner who
completes conditions of probation, including the dismissal of the
accusation or information against that person.
Existing law requires the Department of Justice to maintain state
summary criminal history information, and to furnish that information
to specified entities for various purposes, including for purposes
of fulfilling employment, licensing, and certification requirements.
This bill would provide that if a defendant has been convicted of
solicitation or prostitution and can show that the conviction was the
result of his or her status as a victim of human trafficking, he or
she may petition for, and the court may issue, an order that (1) sets
forth a finding that the defendant was a victim of human
trafficking, as specified, (2) dismisses the accusation or
information against the defendant, (3) notifies the department that
the defendant was a victim of human trafficking when he or she
committed the crime and the relief that has been ordered, and (4)
prohibits the dissemination, for specified employment, licensing, and
certification requirements, of the defendant's record of conviction.
Existing law, as amended by Proposition 35, an initiative measure
approved by the voters at the November 6, 2012, statewide general
election, provides that any person who deprives or violates the
personal liberty of another with the intent to obtain forced labor or
services or to maintain a violation of specified criminal acts,
including sexual exploitation of a child or extortion, or who causes,
induces, or persuades, or attempts to cause, induce, or persuade, a
minor to engage in a commercial sex act, is guilty of human
trafficking. A violation of these provisions is punishable by
imprisonment in the state prison, as specified, and by a fine of not
more than $500,000.
This bill would express the intent of the Legislature to enact
legislation that would enhance the effectiveness of state laws
proscribing human trafficking.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1203.49 is added to the
Penal Code , to read:
1203.49. If a defendant has been convicted of solicitation or
prostitution, as described in subdivision (b) of Section 647, and if
the defendant can show that the conviction was the result of his or
her status as a victim of human trafficking, he or she may petition
the court for, and the court may 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 any of the relief described in Section 1203.4.
(c) Notifies the Department of Justice that the petitioner was a
victim of human trafficking when he or she committed the crime and
the relief that has been ordered.
(d) Prohibits the dissemination pursuant to subdivisions (k) to
(p), inclusive, of Section 11105 of the petitioner's record of
conviction.
SECTION 1. It is the intent of the Legislature
to enact legislation that would enhance the effectiveness of state
laws proscribing human trafficking.
