California 2015-2016 Regular Session Status: To Executive

AB 1762 — Human trafficking: victims: vacating convictions.

Last action — Vetoed by Governor.

Track this bill free

No card. One bill, free forever — alerts when it moves.

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

This bill died with 2015-2016 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) Under existing law, as amended by Proposition 35, an initiative measure approved by the voters at the November 6, 2012, statewide general election, a person who deprives or violate another person's personal liberty with the intent to obtain forced labor or services or who deprives or violates another person's personal liberty for the purpose of prostitution or sexual exploitation is guilty of human trafficking, a felony. Proposition 35 provides that it may be amended by a statute in furtherance of its objectives by a majority of the membership of each house of the Legislature concurring. Existing law allows a court to issue an order to set aside a verdict of guilty and dismiss an accusation or information against a defendant who has been convicted of solicitation or prostitution if the defendant has completed any term of probation for that conviction and if he or she can establish by clear and convincing evidence that the conviction was a result of his or her status as a victim of human trafficking. This bill would instead allow an individual convicted of a nonviolent crime that was a direct result of the individual being a human trafficking victim to apply to the court to vacate the conviction if the individual is not then in custody and has either not been convicted of any crime for two years or has successfully completed probation for the crime. The bill would allow an individual adjudicated a ward of the juvenile court as the result of a nonviolent crime committed while he or she was a human trafficking victim to apply to have the petition dismissed if the individual has not had a sustained petition for any crime or been convicted of any crime for one year prior to the date of application. The bill would specify various court procedures for adjudication of an application. If the application is granted, the bill would require the court to have all records in the case sealed, except as specified, and to release the defendant from all penalties and disabilities, as provided. The bill would define "human trafficking victim" and "nonviolent crime" for these purposes. The bill would require the individual applying for vacatur to submit the application and all evidence in support of the application under penalty of perjury. By expanding the crime of perjury, this bill would impose a state-mandated local program. (2) Existing law requires the Attorney General to compile and disseminate state summary criminal history information pertaining to the identification and criminal history of any person. This bill would require the state summary criminal history information to exclude any charge or conviction for which relief has been granted pursuant to the provisions of this bill. (3) This bill would incorporate additional changes to Section 8712 of the Family Code, proposed by AB 1997, that would become operative only if this bill and AB 1997 are enacted and become effective on or before January 1, 2017, and this bill is chaptered last. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 12 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 24. Page 6399.).

  4. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 11. Page 5298.).

  6. Read second time. Ordered to third reading.

  7. Read third time and amended. Ordered to second reading.

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time and amended. Ordered to third reading.

  11. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 11).

  12. In committee: Referred to APPR. suspense file.

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 28). Re-referred to Com. on APPR.

  14. Referred to Com. on PUB. S.

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 19. Page 5217.)

  17. Read second time. Ordered to third reading.

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

  19. From committee: Amend, and do pass as amended. (Ayes 14. Noes 5.) (May 27).

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

  21. Re-referred to Com. on APPR.

  22. Read second time and amended.

  23. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (March 29).

  24. Referred to Com. on PUB. S.

  25. From printer. May be heard in committee March 4.

  26. Read first time. To print.

Sponsors

  • Campos · Primary
  • Santiago · Cosponsor
  • Weber · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 11 voted No

Sponsors (1)

  • Campos

Co-sponsors (2)

  • Santiago
  • Weber

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

AB 1762 CAMPOS Concurrence in Senate Amendments

Passed 52 Yea · 24 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 472003
Democratic 5000
Republican 0401
Total 522404
% of votes cast 65%30%0%5%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Baker — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Levine — Yea
Low — Yea
Mathis — Nay
Melendez — Nay
Mullin — Yea
Olsen — Not Voting
Ting — Yea
Wagner — Nay
Williams — Yea
Eggman — Yea
Frazier — Yea
Campos — Yea
Gatto — Yea
Chávez — Yea
Salas — Yea
Bonilla — Yea
Dababneh — Yea
Jones-Sawyer — Yea
Medina — Yea
Nazarian — Yea
O'Donnell — Yea
Rendon — Yea
Gray — Yea
Lopez — Yea
Gomez — Yea
Harper — Nay
Holden — Yea
Atkins — Yea
Kim — Nay
Burke — Yea
Linder — Not Voting
Maienschein — Nay
Mayes — Nay
Chang — Nay
McCarty — Yea
Chau — Yea
Bigelow — Nay
Chiu — Yea
Chu — Yea
Cooley — Yea
Cooper — Not Voting
Daly — Yea
Dodd — Yea
Obernolte — Nay
Quirk — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Santiago — Yea
Steinorth — Nay
Thurmond — Yea
Waldron — Nay
Weber — Yea
Wilk — Nay
Wood — Yea
Gordon — Yea
Hadley — Nay
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Not Voting
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

3rd Reading AB1762 Campos By Anderson

Passed 26 Yea · 11 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 241002
Democratic 2100
Total 261102
% of votes cast 67%28%0%5%
How each member voted (39)
Member Party Vote
Anderson — Yea
Bates — Nay
Hernandez — Yea
Lara — Yea
Mendoza — Yea
Morrell — Nay
Nielsen — Nay
Wieckowski — Yea
Wolk — Yea
Hertzberg — Yea
Allen — Yea
Hill — Yea
Mitchell — Yea
De León — Yea
Block — Yea
Leno — Yea
Pan — Yea
Pavley — Yea
Beall — Yea
Cannella — Not Voting
Fuller — Nay
Hueso — Yea
Huff — Nay
Moorlach — Nay
Vidak — Nay
Leyva — Yea
Liu — Yea
Monning — Yea
Roth — Yea
Galgiani — Not Voting
Glazer — Yea
Hall — Yea
Hancock — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Beall — Yea
Hill — Yea
Bates — Nay
Lara — Yea
Mendoza — Yea
Nielsen — Nay
McGuire, Mike Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Beall — Yea
Mendoza — Yea
Nielsen — Yea
Hill — Yea
Lara — Yea
Bates — Yea
McGuire, Mike Democratic Yea

Official roll call →

AB 1762 CAMPOS Assembly Third Reading

Passed 53 Yea · 19 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 471508
Democratic 5000
Republican 1400
Total 531908
% of votes cast 66%24%0%10%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Baker — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Levine — Yea
Maienschein — Nay
Mathis — Nay
Mullin — Yea
Obernolte — Nay
Quirk — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Nay
Williams — Yea
Eggman — Yea
Cooper — Not Voting
Daly — Yea
Salas — Yea
Bonilla — Yea
Frazier — Yea
Gordon — Yea
Gray — Yea
Harper — Nay
Lopez — Yea
Holden — Yea
Jones-Sawyer — Yea
Kim — Nay
Linder — Not Voting
Atkins — Yea
Low — Yea
Mayes — Nay
Burke — Yea
McCarty — Yea
Campos — Yea
Medina — Yea
Melendez — Nay
Nazarian — Yea
Bigelow — Not Voting
Chang — Not Voting
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
O'Donnell — Yea
Olsen — Not Voting
Rendon — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Not Voting
Ting — Yea
Wagner — Nay
Weber — Yea
Wilk — Nay
Wood — Yea
Gatto — Yea
Gomez — Yea
Hadley — Not Voting
Beth Gaines — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 14 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12301
Democratic 2000
Republican 0200
Total 14501
% of votes cast 70%25%0%5%
How each member voted (20)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Quirk — Yea
Wood — Yea
Eggman — Yea
Bonilla — Yea
Holden — Yea
Santiago — Yea
Chang — Not Voting
Daly — Yea
Obernolte — Nay
Wagner — Nay
Weber — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Roger Hernández — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1762 do?
(1) Under existing law, as amended by Proposition 35, an initiative measure approved by the voters at the November 6, 2012, statewide general election, a person who deprives or violate another person's personal liberty with the intent to obtain forced labor or services or who deprives or violates another person's personal liberty for the purpose of prostitution or sexual exploitation is guilty of human trafficking, a felony. Proposition 35 provides that it may be amended by a statute in furtherance of its objectives by a majority of the membership of each house of the Legislature concurring. Existing law allows a court to issue an order to set aside a verdict of guilty and dismiss an accusation or information against a defendant who has been convicted of solicitation or prostitution if the defendant has completed any term of probation for that conviction and if he or she can establish by clear and convincing evidence that the conviction was a result of his or her status as a victim of human trafficking. This bill would instead allow an individual convicted of a nonviolent crime that was a direct result of the individual being a human trafficking victim to apply to the court to vacate the conviction if the individual is not then in custody and has either not been convicted of any crime for two years or has successfully completed probation for the crime. The bill would allow an individual adjudicated a ward of the juvenile court as the result of a nonviolent crime committed while he or she was a human trafficking victim to apply to have the petition dismissed if the individual has not had a sustained petition for any crime or been convicted of any crime for one year prior to the date of application. The bill would specify various court procedures for adjudication of an application. If the application is granted, the bill would require the court to have all records in the case sealed, except as specified, and to release the defendant from all penalties and disabilities, as provided. The bill would define "human trafficking victim" and "nonviolent crime" for these purposes. The bill would require the individual applying for vacatur to submit the application and all evidence in support of the application under penalty of perjury. By expanding the crime of perjury, this bill would impose a state-mandated local program. (2) Existing law requires the Attorney General to compile and disseminate state summary criminal history information pertaining to the identification and criminal history of any person. This bill would require the state summary criminal history information to exclude any charge or conviction for which relief has been granted pursuant to the provisions of this bill. (3) This bill would incorporate additional changes to Section 8712 of the Family Code, proposed by AB 1997, that would become operative only if this bill and AB 1997 are enacted and become effective on or before January 1, 2017, and this bill is chaptered last. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 1762?
AB 1762 is sponsored by Campos, Santiago, and Weber.
What is the current status of AB 1762?
This bill died with 2015-2016 Regular Session. It reached “To Executive” 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 1762?
Track AB 1762 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 1762

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 1762

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →