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Criminal procedure: sentencing.

CA AB 938 · Assembly Bill · 2025–2026

Stage
In committee
Started in
Assembly
Sponsors
3
Latest action
Aug 29, 2025

What it does

Existing law allows a person who was arrested or convicted of a nonviolent offense while they were a victim of human trafficking, intimate partner violence, or sexual violence, to petition the court, under penalty of perjury, for vacatur relief. Existing law requires, to receive that relief, that the crime for which the person was arrested or convicted was a nonviolent offense and that the person establish, by clear and convincing evidence, that the arrest or conviction was the direct result of being a victim of human trafficking, intimate partner violence, or sexual violence. Existing law authorizes the court to vacate the conviction if it concludes that the petitioner was a victim of one of those crimes at the time of the alleged commission of the offense, the arrest was a direct result of being a victim of that offense, and the vacatur is in the best interest of justice.

Where it stands

  1. Introduced (Done)

  2. Committee (Current step)

    In committee · Aug 29, 2025

  3. Floor (Not started)

  4. Law (Not started)

Sponsors

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The record

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Criminal procedure: sentencing. | 52