AB 2384

AB2384:v98#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 2384

An act to amend Section 236.4 of the Penal Code, relating to crimes. An act to add Section 1203.48 to the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST

AB 2384, as amended, Lowenthal. Crimes: human trafficking. Crimes: records: sealing.

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, under penalty of perjury, for vacatur relief. Existing law requires a court that issues an order for relief pursuant to these provisions to also order specified law enforcement agencies to seal and destroy their records of the offense.This bill would authorize a person who has suffered an arrest for, or was charged with, any offense that did not result in conviction or who was convicted of an eligible offense, as defined, to petition the court to have their records of that conviction, charge, or arrest sealed if 4 years have elapsed since the date, including, among others, on which the person was arrested, as specified, or on which the defendant completed any terms of incarceration, probation, mandatory supervision, postrelease community supervision, or parole associated with the record, whichever was later, during which the person has not been convicted of a new offense. The bill would require a court granting this relief to also order specified law enforcement agencies to seal their records. By increasing duties on local law enforcement, this bill would impose a state-mandated local program. The bill would exclude specified offenses from being considered an eligible offense, including, among others, a serious or violent felony, or a sex offense. The bill would authorize a criminal justice agency to access and use a conviction record sealed pursuant to these provisions as required by an initiative statute.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Under existing law, a person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, or for the purpose of prostitution or sexual exploitation, is guilty of the crime of human trafficking and subject to imprisonment. Existing law authorizes a court to order a defendant, convicted of the crime of human trafficking, to pay an additional fine not to exceed $1,000,000.

This bill would make a technical, nonsubstantive change to that provision.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

Section 1203.48 is added to the Penal Code, to read:

1203.48. (a) If a person suffered an arrest for any offense that did not result in conviction, was charged with an offense that did not result in a conviction, regardless of whether or not the person was arrested in connection with the underlying offense, or was convicted of an eligible offense and the requirements in subdivision (b) are met, the person may petition the court for sealing relief of their convictions, charges, and arrests under this section. Records that did not result in a conviction are eligible for sealing relief if any of the following are true:(1) The statute of limitations has run on every offense upon which the arrest was based and the prosecuting attorney of the city or county that would have had jurisdiction over the offense or offenses upon which the arrest was based has not filed an accusatory pleading based on the arrest.(2) The prosecuting attorney filed an accusatory pleading but, with respect to all charges, one or more of the following has occurred:(A) No conviction occurred, the charge has been dismissed, and the charge may not be refiled.(B) No conviction occurred and the person has been acquitted of the charges.(C) A conviction occurred, but has been vacated or reversed on appeal, all appellate remedies have been exhausted, and the charge may not be refiled.(3) The person successfully completed a diversion program, including, but not limited to, a program listed in subparagraph (D) of paragraph (2) of subdivision (a) of Section 851.93.(b) The court may order sealing relief if four years have elapsed since the date on which the defendant was arrested if the record is eligible under paragraph (1) of subdivision (a), the date on which the record became eligible under paragraph (2) or (3) of subdivision (a), or the date on which the defendant completed any terms of incarceration, probation, mandatory supervision, postrelease community supervision, or parole associated with the record, whichever occurred later, during which the defendant has not been convicted of a new offense. If a conviction contains multiple offenses, the court shall not order sealing relief unless all offenses meet the eligibility requirements of this section.(c) The petition for sealing relief and supporting documentation shall be served on the state or local prosecutorial agency that obtained the conviction for which sealing is sought or with the jurisdiction over charging decisions with regard to the arrest. The state or local prosecutorial agency shall have 45 days from the date of receipt of service to respond to the petition for relief.(d) The court may, with the agreement of the petitioner and all of the involved state or local prosecutorial agencies, consolidate into one hearing a petition with multiple convictions from different jurisdictions.(e) If the petition is opposed, or if the court otherwise deems it necessary, the court shall schedule a hearing on the petition. The hearing may consist of the following:(1) Testimony by the petitioner, which may be required in support of the petition.(2) Evidence and supporting documentation in support of the petition.(3) Opposition evidence presented by any of the involved state or local prosecutorial agencies that obtained the conviction.(f) A petition shall not be granted if either of the following is true:(1) The petitioner is subject to terms and conditions of any unexpired criminal protective orders.(2) The petitioner has not paid any financial restitution order that directly benefits the victim of a crime. With the exception of restitution, the collection of fines imposed as a result of an offense that is the subject of the petition shall be stayed while the petition is pending.(g) After considering the totality of the evidence presented, the court may order sealing relief if it finds it is in the best interest of justice.(h) If the court grants a petition pursuant to this section, the court shall issue a written ruling and order to the petitioner, the petitioner’s counsel, the Department of Justice, the prosecuting attorney, and the law enforcement agency that made the arrest that does all of the following:(1) States the record has been granted sealing relief and is deemed not to have occurred, the petitioner may answer any question relating to the sealed arrest, charge, or conviction accordingly, and the petitioner is released from all penalties and disabilities resulting from the arrest or conviction, except as provided in subdivision (k).(2) Orders the Department of Justice, any law enforcement agency, or any criminal justice agency, as defined in Section 851.92, that has taken action or maintains records subject to the petition to seal the record of arrest, charge, or conviction according to this section.(3) Orders the Department of Justice to forward the order to the Federal Bureau of Investigation (FBI) to request that any records of the arrest, charge, or conviction subject to the sealing relief order that are maintained by the FBI be sealed for all noncriminal justice purposes.(i) Any government agency described in subdivision (h) shall seal its records granted sealing relief pursuant to this section within 90 days after the court issues the order.(j) Except as provided in subdivision (k), a record granted sealing relief pursuant to this section, including all court records related to the sealed arrest, charge, or conviction, shall not be disclosed to any person or entity except the person whose arrest, charge, or conviction was sealed and their counsel.(k) Notwithstanding any other provision of this section, a criminal justice agency may access and use a conviction record sealed pursuant to this section as required by an initiative statute.(l) The court shall provide the petitioner and petitioner’s counsel a certified copy of the court order concerning the sealing of the records subject to the order. The court shall provide the petitioner and petitioner’s counsel a copy of any form that the court submits to any agency, including the Department of Justice, related to the sealing of the arrest, charge, and conviction records.(m) The record of a proceeding related to a petition pursuant to this section that is accessible by the public shall not disclose the petitioner’s full name.(n) A court that grants relief pursuant to this section may take additional action as appropriate under the circumstances to carry out the purposes of this section.(o) For the purposes of this section, “eligible offense” means an offense that is not one of the following:(1) An offense listed in subdivision (c) of Section 667.5 or for which the person is required to register pursuant to Section 290.(2) Any offense specified in subdivision (c) of Section 1192.7.(3) Any felony offense specified in subdivision (a) of Section 273.5.(4) Any offense specified in subdivision (a) or (b) of Section 23152 of the Vehicle Code.(5) Any offense specified in subdivision (a) or (b) of Section 23153 of the Vehicle Code.

SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SECTION 1.Section 236.4 of the Penal Code is amended to read:

236.4.

(a)Upon the conviction of a person for a violation of Section 236.1, the court may, in addition to any other penalty, fine, or restitution imposed, order the defendant to pay an additional fine not to exceed one million dollars ($1,000,000). In setting the amount of the fine, the court shall consider any relevant factors, including, but not limited to, the seriousness and gravity of the offense, the circumstances and duration of its commission, the amount of economic gain the defendant derived as a result of the crime, and the extent to which the victim suffered losses as a result of the crime.

(b)Any person who inflicts great bodily injury on a victim in the commission or attempted commission of a violation of Section 236.1 shall be punished by an additional and consecutive term of imprisonment in the state prison for 5, 7, or 10 years.

(c)Any person who has previously been convicted of a violation of any crime specified in Section 236.1 shall receive an additional and consecutive term of imprisonment in the state prison for 5 years for each additional conviction on charges separately brought and tried.

(d)Every fine imposed and collected pursuant to Section 236.1 and this section shall be deposited in the Victim-Witness Assistance Fund, to be administered by the California Emergency Management Agency (Cal EMA), to fund grants for services for victims of human trafficking. Seventy percent of the fines collected and deposited shall be granted to public agencies and nonprofit corporations that provide shelter, counseling, or other direct services for trafficked victims. Thirty percent of the fines collected and deposited shall be granted to law enforcement and prosecution agencies in the jurisdiction in which the charges were filed to fund human trafficking prevention, witness protection, and rescue operations.

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REVISIONS: Heading—Line 2.

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