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CA SB823

Bill

Status

Passed

9/26/2016

Primary Sponsor

Marty Block

Click for details

Origin

Senate

2015-2016 Session

AI Summary

  • Establishes a petition process for individuals arrested, convicted, or adjudicated in juvenile court for nonviolent offenses committed while victims of human trafficking to seek vacatur of convictions and sealing of records.

  • Requires petitioners to prove by clear and convincing evidence that the arrest or conviction was the direct result of being a victim of human trafficking; petitions must be submitted under penalty of perjury.

  • Authorizes courts to vacate convictions, dismiss charges, seal and destroy arrest records, and notify the Department of Justice upon finding the petitioner was a trafficking victim and engaged in good faith efforts to distance themselves from the trafficking scheme.

  • Allows petitioners to appear telephonically, via videoconference, or by other electronic means if they have a compelling reason not to appear in person; prohibits disclosure of petitioners' full names in public records.

  • Permits individuals who obtain relief to lawfully deny or refuse to acknowledge the set-aside arrest, conviction, or adjudication; prohibits distribution of records to state licensing boards.

Legislative Description

Criminal procedure: human trafficking.

Last Action

Chaptered by Secretary of State. Chapter 650, Statutes of 2016.

9/26/2016

Committee Referrals

Appropriations6/23/2016
Public Safety6/9/2016
Appropriations4/13/2016
Public Safety1/28/2016
Rules1/6/2016

Full Bill Text

No bill text available