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CA AB2868
Bill
Status
2/21/2020
Primary Sponsor
Jim Patterson
Click for details
AI Summary
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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.
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Prohibits courts from refusing to hear vacatur petitions based on petitioner's outstanding fines, fees, or failure to meet probation conditions.
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Requires collection of fines (except restitution) imposed for the nonviolent offense to be stayed while the vacatur petition is pending.
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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.
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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