CA AB124

Creates a new petition process allowing persons arrested or convicted of nonviolent offenses while victims of intimate partner violence or sexual violence to seek vacatur relief by establishing by clear and convincing evidence that the arrest or conviction resulted directly from being a victim of such violence.

Establishes an affirmative defense allowing defendants coerced to commit offenses as a direct result of intimate partner violence or sexual violence to avoid conviction, with the defense not applying to violent felonies as defined in Penal Code Section 667.5.

Requires prosecutors during plea negotiations to consider trauma history, youth status at time of offense (under 26 years old), and victim status for intimate partner violence or human trafficking as factors supporting mitigated sentences.

Mandates courts impose lower prison terms when a defendant experienced psychological, physical, or childhood trauma, was a youth at time of offense, or was a victim of intimate partner violence or human trafficking, unless aggravating circumstances outweigh mitigation.

Requires courts to consider trauma history and victim status when resentencing defendants under existing recall and resentencing provisions, including for juveniles sentenced to life without parole.