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CA AB1887

Bill

Status

Introduced

2/19/2014

Primary Sponsor

Nora Campos

Click for details

Origin

State Assembly

2013-2014 Session

AI Summary

  • Allows persons convicted of prostitution or solicitation offenses (Penal Code §647(a), (b), (d) or §653.22(a)) to petition for conviction dismissal if their participation resulted from being a victim of human trafficking under §236.1 or the federal Trafficking Victims Protection Act.

  • Requires courts to seal and destroy arrest records and issue a declaration of factual innocence if the petitioner is found to be a human trafficking victim, and permits the court to take additional action as justice requires.

  • Presumes a petitioner is factually innocent if official documentation exists showing human trafficking victim status at the time of offense, or if another person was convicted of human trafficking (§236.1) in relation to the petitioner's offense, though such documentation is not required for relief.

  • Permits findings of factual innocence based on human trafficking victimhood to be admissible as evidence in civil actions for damages against individuals or entities allegedly involved in human trafficking.

  • Broadly interprets time restrictions for filing petitions by human trafficking victims, requiring courts to consider factors including when victimization ceased, safety concerns, the petitioner's age and capacity, and obstacles preventing timely filing.

Legislative Description

Prostitution: human trafficking: sealing and destruction of arrest records.

Last Action

In committee: Set, second hearing. Held under submission.

5/23/2014

Committee Referrals

Appropriations4/8/2014
Public Safety2/27/2014

Full Bill Text

No bill text available