AB 1940 California Assembly · 2011-2012 Regular Session

Prostitution: human trafficking: sealing and destruction of arrest records.

Summary
Existing law authorizes a person who has been arrested but is not convicted to petition the court for a finding that the defendant is factually innocent of the charges. If the petitioner is found factually innocent, existing law requires the court to order the records of the arrest to be sealed and destroyed, as specified. This bill would authorize a person to petition a court to set aside a conviction for an offense relating to solicitation or prostitution, as specified, based on a finding that the person is factually innocent of the charge if the person is a victim of human trafficking and the offense is a result of the petitioner's status as a victim of that crime. In that case, the bill would require the court to order the records of the arrest to be sealed and destroyed, and to take other action appropriate under the circumstances or as justice requires. The bill would also provide that a finding that the petitioner is factually innocent pursuant to this provision shall be admissible as evidence in a civil action brought by the petitioner, or his or her estate or representative, against an individual or entity for damages arising from the individual's or entity's alleged involvement in human trafficking.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2012
Committee Review
Floor Vote
Governor
Introduced Feb 22, 2012 Last action May 25, 2012
Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
8
Key actions
2
Committee
6
May 25, 2012
Lower · Passed
In committee: Set, second hearing. Held under submission.
lower
May 16, 2012
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
May 8, 2012
Committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (May 8). Re-referred to Com. on APPR.
lower
Apr 9, 2012
Committee
Re-referred to Com. on PUB. S.
lower
Mar 29, 2012
Committee
Referred to Com. on PUB. S.
lower
Feb 23, 2012
Lower · Passed
From printer. May be heard in committee March 24.
lower
1 primary · 2 co-sponsors

Sponsors