California 2011-2012 Regular Session Status: In Committee

AB 1940 — Prostitution: human trafficking: sealing and destruction of arrest records.

Last action — In committee: Set, second hearing. Held under submission.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

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 Text

Action History

  1. In committee: Set, second hearing. Held under submission.

  2. In committee: Set, first hearing. Referred to APPR. suspense file.

  3. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (May 8). Re-referred to Com. on APPR.

  4. Re-referred to Com. on PUB. S.

  5. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  6. Referred to Com. on PUB. S.

  7. From printer. May be heard in committee March 24.

  8. Read first time. To print.

Sponsors

  • Hill · Primary
  • Ma · Cosponsor
  • Swanson · Cosponsor

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

  • Hill

Co-sponsors (2)

  • Ma
  • Swanson

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 1940 do?
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.
Who sponsors AB 1940?
AB 1940 is sponsored by Hill, Ma, and Swanson.
What is the current status of AB 1940?
This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1940?
Track AB 1940 free on One Click Politics — get push/email alerts when it moves.

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