Bill Text: CA SB823 | 2015-2016 | Regular Session | Introduced

California Senate Bill 823 (Prior Session Legislation)

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

Bill Title: Criminal procedure: human trafficking.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2016-09-26 - Chaptered by Secretary of State. Chapter 650, Statutes of 2016. [SB823 Detail]

Download: California-2015-SB823-Introduced.html

BILL NUMBER: SB 823	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Block

                        JANUARY 6, 2016

   An act to amend Section 1203.49 of the Penal Code, relating to
human trafficking.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 823, as introduced, Block. Criminal procedure: human
trafficking.
   Existing law defines and proscribes the crimes of human
trafficking, solicitation, and prostitution. Existing law provides
that if a defendant has been convicted of solicitation or
prostitution and has completed any term of probation for that
conviction, the defendant may petition the court for relief 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, and would authorize a court to 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, or orders other relief, and (3)
notifies the Department of Justice that the defendant was a victim of
human trafficking when he or she committed the crime and the relief
that has been ordered.
   Existing law authorizes a person who was adjudicated a ward of the
juvenile court for solicitation or prostitution to, upon reaching 18
years of age, petition the court to have his or her record sealed,
as specified.
   This bill would instead create a presumption that if a defendant
or person who has been arrested, convicted, or adjudicated a ward of
the juvenile court for committing any offense while he or she was a
victim of human trafficking shows evidence that the arrest,
conviction, or adjudication was the result of his or her status as a
victim of human trafficking, the defendant or person has met the
requirements for relief under these provisions. The bill would
additionally require the order of relief to include sealing related
arrest and court records. The bill would provide that official
documentation of a petitioner's status as a victim of human
trafficking, as defined, shall establish a presumption that his or
her participation in the offense was the result of the petitioner's
status as a victim of human trafficking. The bill would provide that
a petitioner or his or her attorney is not required to appear in
person at a hearing for the relief described above, and may appear
via alternate specified methods. The bill would prohibit the
disclosure of the full name of a petitioner in the record of a
proceeding related to his or her petition that is accessible by the
public. The bill would authorize a petitioner who has obtained the
relief described above to lawfully deny or refuse to acknowledge an
arrest, conviction, or adjudication that is set aside pursuant to
that relief.
   Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
   This bill would make legislative findings to that effect.
   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 1203.49 of the Penal Code is amended to read:
   1203.49.   (a)    If a defendant has been 
arrested for or  convicted of  solicitation or
prostitution,   any offense committed while he or she
was a victim of human trafficking, including, but not limited to,
solicitation or prostitution,  as described in subdivision (b)
of Section 647,  and if the defendant has completed any term
of probation for that conviction,  the defendant may
petition the court for relief under this section. If the 
defendant   petitioner  can establish  by
clear and convincing evidence that the  arrest or 
conviction was the result of his or her status as a victim of human
trafficking,  the petitioner shall be entitled to a presumption
that the requirements for relief have been met, and  the court
may issue an order that does all of the following: 
   (a) 
    (1)  Sets forth a finding that the petitioner was a
victim of human trafficking when he or she committed the 
crime.   offense.  
   (b) Orders any of the relief described in Section 1203.4.
 
   (2) Sets aside the verdict of guilty and dismisses the accusation
or information against the petitioner.  
   (3) Seals the arrest and court records relating to the arrest and
conviction.  
   (c) 
    (4)  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. 
   (b) A person who was arrested or found to be a person described in
Section 602 of the Welfare and Institutions Code because he or she
committed an offense while he or she was a victim of human
trafficking, including, but not limited to, solicitation or
prostitution, as described in subdivision (b) of Section 647, may
petition the court for relief under this section. If the petitioner
can establish that the arrest or adjudication was the result of his
or her status as a victim of human trafficking, the petitioner shall
be entitled to a presumption that the requirements for relief have
been met, and the court may issue an order that does all of the
following:  
   (1) Sets forth a finding that the petitioner was a victim of human
trafficking when he or she committed the offense.  
   (2) Sets aside the verdict of guilty and dismisses the accusation
or information against the petitioner.  
   (3) Seals the arrest and court records relating to the arrest and
adjudication.  
   (4) 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.  
   (c) For the purposes of this section, official documentation of a
petitioner's status as a victim of human trafficking shall establish
a presumption that his or her participation in the offense was the
result of his or her status as a victim of human trafficking. For the
purposes of this subdivision, "official documentation" means any
documentation issued by a federal, state, or local agency that tends
to show the petitioner's status as a victim of human trafficking.
Official documentation shall not be required for the issuance of an
order described in subdivision (a).  
   (d) A petitioner, or his or her attorney, is not required to
appear in person at a hearing for relief pursuant to this section,
and may appear telephonically, via videoconference, or by other
electronic means established by the court.  
   (e) Notwithstanding any other law, a petitioner who has obtained
an order pursuant to this section may lawfully deny or refuse to
acknowledge an arrest, conviction, or adjudication that is set aside
pursuant to the order.  
   (f) Notwithstanding any other law, the records of the arrest,
conviction, or adjudication shall not be distributed to any state
licensing board.  
   (g) The record of a proceeding related to a petition pursuant to
this section that is accessible by the public shall not disclose the
petitioner's full name.  
   (h) A court that grants relief pursuant to this section may take
additional action as appropriate under the circumstances to carry out
the purposes of this section.  
   (i) If the court denies the petition for relief because the
evidence is insufficient to establish that the arrest, conviction, or
adjudication was the result of the petitioner's status as a victim
of human trafficking, the denial shall be without prejudice. The
court shall state the reasons for its denial in writing and, if those
reasons are based on curable deficiencies in the petition, allow the
petitioner a reasonable time period to cure the deficiencies upon
which the court has based the denial. 
  SEC. 2.  The Legislature finds and declares that Section 1 of this
act, which amends Section 1203.49 of the Penal Code, imposes a
limitation on the public's right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the
following findings to demonstrate the interest protected by this
limitation and the need for protecting that interest:
   In order to protect the privacy of victims of human trafficking
and to improve their opportunities for recovery, it is necessary that
this act limit the public's right of access to the full name of a
petitioner who seeks relief from an arrest or conviction for an
offense in which the petitioner participated as a result of his or
her status as a victim of human trafficking.