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CA AB2869

Bill

Status

Introduced

2/21/2020

Primary Sponsor

Jim Patterson

Click for details

Origin

State Assembly

2019-2020 Session

AI Summary

  • Allows people arrested or convicted of nonviolent offenses while victims of human trafficking to petition courts for vacatur relief of convictions and arrests.

  • Removes time restrictions on petitions, allowing them to be filed at any time after the person ceases to be a trafficking victim or seeks services, with no expiration date.

  • If a petition is unopposed, the petitioner may appear at all hearings through counsel only, rather than requiring in-person appearance; if opposed, the petitioner must appear in person unless the court finds a compelling reason to allow remote appearance.

  • Requires courts to find by clear and convincing evidence that the arrest or conviction was a direct result of human trafficking before granting vacatur relief.

  • Mandates that law enforcement and the Department of Justice seal and destroy arrest records within one year of the court order or three years from the arrest date, whichever is later.

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