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AB 633

Relating to: the rights of Devil’s Lake State Park and providing a penalty. (FE)

2025-2026 Regular Session Introduced by Deb Andraca and 21 co-sponsors

AB 633 broadens eligibility for vacatur relief to anyone under 18 who was a trafficking victim when arrested or convicted, requiring clear and convincing evidence that trafficking

Read first time and referred to Committee on Environment
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Bill Summary · AB 633

AB 633 — Summary (2025 version; Penal Code §236.14 amendments)

Note: The statutory text for AB 633 available in committee materials addresses vacatur relief for victims of human trafficking (amending Penal Code §236.14). Some administrative metadata in the file (title, later referrals, sponsors) appears inconsistent with that text; the summary below describes the bill language as drafted (human‑trafficking vacatur relief).

Purpose / Intent

AB 633 expands post‑conviction/arrestee relief currently available to people who committed nonviolent offenses while victims of human trafficking. It specifically extends vacatur relief to persons who were under age 18 when the offense occurred and were victims of human trafficking.

Key provisions

  • Adds an explicit eligibility class: anyone arrested or convicted of any offense committed while under age 18 and while a victim of human trafficking may petition for vacatur (in addition to the existing category of nonviolent adult offenses).
  • Maintains the existing evidentiary standard: petitioner must show by clear and convincing evidence that the arrest or conviction was the direct result of being a human‑trafficking victim and that the petitioner lacked the requisite criminal intent.
  • Petitions must be submitted under penalty of perjury and describe available grounds and evidence that the petitioner was trafficked.
  • The petition and supporting documents must be served on the prosecutor who obtained the conviction or who had charging jurisdiction; that agency has 45 days to respond.
  • If the prosecuting agency does not oppose, the court may treat the petition as unopposed and may grant relief.
  • If opposed (or the court deems a hearing necessary), the court may take testimony, documentary evidence, and prosecutor opposition evidence; court may consolidate petitions across jurisdictions if agreed.
  • Court grant criteria: (1) petitioner was a trafficking victim at the time of the offense; (2) the arrest/conviction was a direct result of trafficking; and (3) vacatur is in the interests of justice.

Relief and post‑order actions

  • Vacatur order must: find the petitioner was a trafficking victim who lacked requisite intent; set aside the arrest/conviction/adjudication; dismiss the accusation/information as invalid due to legal defect; and notify the Department of Justice of the order.
  • Records sealing/destruction: the court must order affected law enforcement agencies, the Department of Justice, probation, parole, corrections, and similar agencies to seal and destroy their records. (Text specifies timelines — e.g., within one year from date of arrest or within 90 days after the court order, whichever is later — as in the draft.)
  • Restitution/fines: petitioners are not relieved of restitution orders that directly benefit a victim unless already paid. Except for restitution, collection of fines related to the subject offense is stayed while the petition is pending.
  • Juvenile findings under W&I §602 are covered; juveniles who meet the standard receive a rebuttable presumption that requirements for relief are met.

Who is affected

  • Primary beneficiaries: people convicted/arrestees whose offenses occurred while they were victims of human trafficking, especially those who were under 18 at the time.
  • Entities affected: state and local prosecutorial offices (must respond to petitions), law enforcement agencies, Department of Justice, probation/juvenile agencies (required to seal/destroy records), and courts (to adjudicate petitions).
  • Because petitions are filed under penalty of perjury, the bill expands the scope of perjury‑related filings and is characterized as imposing a state‑mandated local program.

Fiscal and procedural notes

  • Digest indicates no appropriation; fiscal committee review required and local program designation is noted. The bill text states no state reimbursement is required for the mandate under specified constitutional/statutory authority.
  • Status (from available records): introduced Feb 13, 2025; read first time and referred to the Assembly Public Safety Committee; a scheduled hearing was set and later canceled at the author's request.

If you want, I can: (1) draft a one‑page explainer focused on how juveniles and adult survivors can use this remedy; (2) extract the full sealing timelines and any procedural forms likely required; or (3) compare this bill to existing vacatur remedies in California law.

Compiled from official sources — confirm details with the bill’s official record.

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