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CA AB262

Bill

Status

Passed

9/22/2021

Primary Sponsor

Jim Patterson

Click for details

Origin

State Assembly

2021-2022 Session

AI Summary

  • Allow victims of human trafficking arrested or convicted of nonviolent offenses to petition courts for vacatur relief at any time after ceasing to be a trafficking victim, with no time limit on the right to petition.

  • Prohibit courts from refusing to hear petitions based on petitioner's outstanding fines, fees, or probation violations; stay collection of fines (except restitution) while petition is pending.

  • Allow petitioners to appear by counsel at all hearings if petition is unopposed; if opposed, petitioner must appear in person unless court finds compelling reason to allow electronic appearance.

  • Require law enforcement agencies, the Department of Justice, and probation/corrections departments to seal and destroy arrest records within one year of arrest or 90 days after court order, whichever is later, and destroy records one year after the court order.

  • Require courts to provide petitioner and counsel copies of all sealing/destruction forms submitted to agencies and require Department of Justice to notify petitioner when compliance with the sealing order is complete.

Legislative Description

Human trafficking: vacatur relief for victims.

Last Action

Chaptered by Secretary of State - Chapter 193, Statutes of 2021.

9/22/2021

Committee Referrals

Appropriations7/14/2021
Public Safety6/16/2021
Rules6/3/2021
Appropriations3/24/2021
Public Safety1/28/2021

Full Bill Text

No bill text available