File #: 19-120    Version: 1
Type: Rule/Form Proposal Status: Passed
File created: 4/22/2019 In control: Judicial Council
On agenda: 9/24/2019 Final action: 9/24/2019
Title: Rules and Forms | Criminal Procedure: Vacatur Relief for Human Trafficking Victims (Action Required)
Attachments: 1. 20190924-19-120

Title

Title

Rules and Forms | Criminal Procedure: Vacatur Relief for Human Trafficking Victims (Action Required)

 

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Summary

Summary

The Criminal Law Advisory Committee recommends adopting a new standard of judicial administration to provide guidance to judges and court administrators on implementing vacatur relief under Penal Code section 236.14, which provides for a petition process to vacate an arrest or conviction for a nonviolent offense that occurred while the petitioner was a victim of human trafficking.

 

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Recommendation

Recommendation

The Criminal Law Advisory Committee recommends that the Judicial Council adopt California Standards of Judicial Administration, standard 4.15, effective January 1, 2020, to:

 

1.   Provide guidance on procedures to consolidate hearings to vacate multiple arrests and convictions that occurred in the same county;

 

2.   Recommend measures to preserve the confidentiality of the petition, related filings, court records, and the petitioner’s identity in proceedings accessible to the public;

 

3.   Recommend an initial court review period prior to setting a hearing;

 

4.   Recommend that courts provide timely notification of their decisions to relevant parties; and

 

5.   Identify additional relief the court should consider when granting a petition for vacatur relief.