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CA AB1726

Bill

Status

Vetoed

10/8/2023

Primary Sponsor

Ash Kalra

Click for details

Origin

State Assembly

2023-2024 Session

AI Summary

  • Presumes all convictions under former Penal Code Section 653.22 (loitering with intent to commit prostitution, repealed January 1, 2023) are legally invalid based on race, ethnicity, national origin, duress, or prejudicial error regarding immigration consequences.

  • Allows people currently serving sentences for Section 653.22 violations to petition for sentence recall or dismissal, with courts presuming invalidity unless opposing party proves otherwise by clear and convincing evidence.

  • Allows people who completed sentences for Section 653.22 violations to file applications for conviction dismissal and sealing without requiring a hearing unless requested.

  • Vacates all convictions under former Penal Code Section 647f (felony prostitution for HIV-positive individuals, repealed January 1, 2018) and deems arrests and charges as never having occurred.

  • Allows people serving sentences for Section 647f violations to petition for sentence recall or dismissal, with courts presuming invalidity based on race, ethnicity, national origin, duress, or immigration-related prejudicial error.

Legislative Description

Crimes: sentences.

Last Action

Consideration of Governor's veto stricken from file.

1/30/2024

Committee Referrals

Public Safety6/14/2023
Rules6/1/2023
Public Safety3/9/2023

Full Bill Text

No bill text available