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CA AB2868

Bill

Status

Introduced

2/21/2020

Primary Sponsor

Jim Patterson

Click for details

Origin

State Assembly

2019-2020 Session

AI Summary

  • Allows persons arrested or convicted of nonviolent offenses while being human trafficking victims to petition courts for vacatur relief by establishing the offense was a direct result of trafficking through clear and convincing evidence.

  • Prohibits courts from refusing to hear vacatur petitions based on petitioner's outstanding fines, fees, or failure to meet probation conditions.

  • Requires collection of fines (except restitution) imposed for the nonviolent offense to be stayed while the vacatur petition is pending.

  • Amends definitions and procedures for vacatur relief hearings, including consolidation of multiple convictions from different jurisdictions and allowance for remote appearance by petitioner if court finds compelling reason.

  • Maintains petitioner's obligation to pay victim restitution while providing relief from other financial penalties and allowing petitioner to lawfully deny or refuse to acknowledge the vacated arrest or conviction.

Legislative Description

Human trafficking: vacatur relief for victims: fines.

Last Action

In committee: Hearing postponed by committee.

3/17/2020

Committee Referrals

Public Safety3/5/2020

Full Bill Text

No bill text available