AB 262 — Human trafficking: vacatur relief for victims.

Summary

Existing law allows a person who was arrested or convicted of a nonviolent offense while they were a victim of human trafficking to petition the court for vacatur relief. Existing law requires the petitioner to establish by clear and convincing evidence that the arrest and conviction were the direct result of being a victim of human trafficking. Existing law requires that a petition be made and heard within a reasonable time after the person has ceased to be a victim of human trafficking, or within a reasonable time after the petitioner has sought services, whichever is later. Existing law allows a petitioner, or the petitioner's attorney, to be excused from appearing in person at a hearing on the petition only if the court finds a compelling reason why the petitioner cannot attend, in which case existing law allows the petitioner to appear by electronic means. This bill would prohibit a court from refusing to hear the petition on the basis of the petitioner's outstanding fines and fees or the petitioner's failure to meet the conditions of probation. With the exception of restitution, the bill would require that the collection of fines imposed as a result of a nonviolent offense that is the subject of the petition be stayed while the petition is pending. This bill would also allow the petitioner to appear at all hearings on the petition by counsel if the petition is unopposed. The bill would allow a petition to be made and heard at any time after the person has ceased to be a victim of human trafficking, or at any time after the petitioner has sought services for being a victim of human trafficking. The bill would specify that the right to petition for relief pursuant to these provisions does not expire with the passage of time. Existing law requires the court, for petitioners who qualify for vacatur relief, to order designated law enforcement agencies to seal their records of the petitioner's arrest and the court order to seal and destroy the records within 3 years from the date of arrest, or within one year after the court order for vacatur relief is granted, whichever is later, and thereafter destroy those records. Existing law requires the court to provide the petitioner with a copy of any court order concerning the destruction of the arrest records. This bill would designate additional agencies required to seal and destroy arrest records and require all designated agencies to seal and destroy the arrest records within one year of the date of arrest, or 90 days from the date the court order for vacatur relief is granted, whichever is later. The bill would also require the court to provide the petitioner and their counsel with a copy of any form the court submits to any agency related to the sealing and destruction of arrest records. The bill would require the department to notify the petitioner and their counsel that the department has complied with the order to seal the arrest records.

Bill Text

• Chaptered 09/22/21 - Chaptered Current pdf September 22, 2021
• Enrolled 09/13/21 - Enrolled pdf September 13, 2021
• Amended 08/26/21 - Amended Senate pdf August 26, 2021
• Amended 03/15/21 - Amended Assembly pdf March 15, 2021
• Introduced 01/15/21 - Introduced pdf January 15, 2021
• AB262 View text html

Action History

1. September 22, 2021

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

2. September 22, 2021

   Approved by the Governor.

3. September 17, 2021

   Enrolled and presented to the Governor at 3 p.m.

4. September 09, 2021

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3004.).

5. September 08, 2021

   In Assembly. Concurrence in Senate amendments pending.

6. September 08, 2021

   Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2488.).

7. September 03, 2021

   Ordered to special consent calendar.

8. August 30, 2021

   Read second time. Ordered to third reading.

9. August 26, 2021

   Read second time and amended. Ordered returned to second reading.

10. August 26, 2021

    From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 26).

11. August 16, 2021

    In committee: Referred to suspense file.

12. July 14, 2021

    From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (July 13). Re-referred to Com. on APPR.

13. June 16, 2021

    Referred to Com. on PUB. S.

14. June 03, 2021

    In Senate. Read first time. To Com. on RLS. for assignment.

15. June 02, 2021

    Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1817.)

16. May 24, 2021

    Read second time. Ordered to third reading.

17. May 20, 2021

    From committee: Do pass. (Ayes 16. Noes 0.) (May 20).

18. April 14, 2021

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

19. March 24, 2021

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (March 23). Re-referred to Com. on APPR.

20. March 24, 2021

    Coauthors revised.

21. March 16, 2021

    Re-referred to Com. on PUB. S.

22. March 15, 2021

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

23. January 28, 2021

    Referred to Com. on PUB. S.

24. January 16, 2021

    From printer. May be heard in committee February 15.

25. January 15, 2021

    Read first time. To print.

Sponsors

• Joaquin Arambula · Cosponsor
• Cunningham · Cosponsor
• Gray · Cosponsor
• Tom Lackey · Cosponsor
• Mathis · Cosponsor
• Kelly Seyarto · Cosponsor
• Bates · Cosponsor
• Borgeas · Cosponsor
• Dave Cortese · Cosponsor
• Melissa Hurtado · Cosponsor
• Brian W. Jones · Cosponsor
• Melendez · Cosponsor
• Stephanie Nguyen · Cosponsor
• Joe Patterson · Primary

Votes

Subjects