AB910 - Criminal procedure: sentencing.

Amended IN Senate June 15, 2026 Amended IN Assembly January 22, 2026 Amended IN Assembly April 10, 2025 Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 910 Introduced by Assembly Member Bonta February 19, 2025 An act to amend Sections 1385.0021, 127673.7, and 127674.1 of the Health and Safety Code, relating to pharmacy benefit management. 236.14, 236.15, 236.23, and 236.24 of the Penal Code, relating to criminal procedure. LEGISLATIVE COUNSEL'S DIGEST AB 910, as amended, Bonta. Pharmacy benefit management. Criminal procedure: sentencing. 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. This bill would allow that relief for a person arrested or convicted of any offense, except murder, as specified. Because this bill would authorize more petitions to be filed under penalty of perjury, by expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. If a court issues an order for a person who was arrested or convicted of an offense while they were a victim of intimate partner violence or sexual violence, existing law requires the court to order the law enforcement agency having jurisdiction over the offense, the Department of Justice, and any law enforcement agency that arrested the petitioner or participated in the arrest of the petitioner to seal their records of the arrest and the court order to seal and destroy the records within 3 years from the date of the arrest, or within one year after the court order is granted, whichever occurs later, and thereafter to destroy their records of the arrest and the court order to seal and destroy those records. This bill would require the court to also order any law enforcement agency that has taken action or maintains records related to or because of the offense, including, but not limited to, departments of probation, rehabilitation, corrections, and parole, to seal and destroy their records. The bill would require those agencies to seal their records of arrest, conviction, or adjudication and the court order to seal and destroy the records within one year from the date of arrest, or within 90 days after the court order is granted, whichever occurs later. The bill would require the agencies to destroy these records within one year of the date of the court order. By increasing duties on local law enforcement, this bill would impose a state-mandated local program. The bill would also require the Department of Justice to notify the petitioner and the petitioner’s counsel that the department has complied with the order to seal the arrest records by the applicable deadline. Existing law creates an affirmative defense against a charge of a crime that the person was coerced to commit the offense as a direct result of being a victim of human trafficking, intimate partner violence, or sexual violence at the time of the offense and when the person had reasonable fear of harm. Existing law prohibits this defense from being used with respect to a violent felony, as defined. This bill would allow that defense to be used with respect to a violent felony, except for murder, as specified. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Existing law requires a pharmacy benefit manager engaging in business with a health care service plan or health insurer to secure a license from the Department of Managed Health Care on or after January 1, 2027, or the date on which the department has established the licensure process, whichever is later. Existing law requires a complaint about a pharmacy benefit manager to be considered as a complaint against the contracting health care service plan and authorizes it to be considered a complaint against the contracting health insurer. Existing law requires the Department of Health Care Access and Information to establish a Health Care Payments Data Program to collect information regarding health care costs, utilization, quality, and equity. Existing law requires a pharmacy benefit manager to provide specified information to the Department of Health Care Access and Information for inclusion in the program and requires the department to include specified information in an annual analysis. Existing law also requires the Department of Health Care Access and Information to notify the Department of Managed Health Care or the Department of Insurance, as appropriate, if a health care service plan or health insurer fails to comply with specified requirements and requires those departments to take appropriate action. This bill would require the Department of Health Care Access and Information to include data regarding pricing and payments related to prescription drugs in its annual analysis upon completion of specified regulations and to notify the Department of Managed Health Care if a pharmacy benefit manager fails to comply with specified requirements, and would require the Department of Managed Health Care to take appropriate action. The bill would require the Department of Managed Health Care to post on its internet website links to analyses and reporting published by the Department of Health Care Access and Information. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 236.14 of the Penal Code is amended to read: 236.14. (a) If a person was arrested for or convicted of any nonviolent offense committed while they were a victim of human trafficking, including, but not limited to, prostitution as described in subdivision (b) of Section 647, the person may petition the court for vacatur relief of their convictions, arrests, and adjudications under this section. The 236.14. (a) (1) If a person was arrested for or convicted of an offense committed while they were a victim of human trafficking, including, but not limited to, prostitution as described in subdivision (b) of Section 647, the person may petition the court for vacatur relief of their convictions, arrests, and adjudications under this section. (2) The petitioner shall establish, by clear and convincing evidence, that the arrest or conviction was the direct result of being a victim of human trafficking that demonstrates establishes that the person lacked the requisite intent to commit the offense. Upon this showing, the court shall find that the person lacked the requisite intent to commit the offense and shall therefore vacate the conviction as invalid due to legal defect at the time of the arrest or conviction. (b) (1) The petition for relief shall be submitted under penalty of perjury and shall describe all of the available grounds and evidence that the petitioner was a victim of human trafficking and the arrest or conviction of a nonviolent an offense was the direct result of being a victim of human trafficking. This petition for relief does not apply to a conviction for the offense of murder, except in cases of felony murder pursuant to subdivision (e) of Section 189. (2) A judge of the court, in addition to any other certifying entity, shall review and may sign any certification request submitted by or on behalf of the petitioner pursuant to Sections 679.10, 679.11, and 679.13, regardless of the outcome of a petition raised under this section. (c) The petition for relief and supporting documentation shall be served on the state or local prosecutorial agency that obtained the conviction for which vacatur is sought or with 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) If opposition to the petition is not filed by the applicable state or local prosecutorial agency, the court shall deem the petition unopposed and may grant the petition. (e) 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. (f) 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. (g) After considering the totality of the evidence presented, the court may vacate the conviction and the arrests and issue an order if it finds all of the following: (1) That the petitioner was a victim of human trafficking at the time of the alleged commission of the qualifying crime. offense. (2) The arrest for or conviction of the crime offense was a direct result of being a victim of human trafficking. (3) It is in the best interest of justice. (h) An order of vacatur shall do all of the following: (1) Set forth a finding that the petitioner was a victim of human trafficking at the time of the alleged commission of the qualifying crime offense and therefore lacked the requisite intent to commit the offense. (2) Set aside the arrest, finding of guilt, or the adjudication and dismiss the accusation or information against the petitioner as invalid due to a legal defect at the time of arrest or conviction. (3) Notify the Department of Justice that the petitioner was a victim of human trafficking when they committed at the crime time of the alleged commission of the offense and of the relief that has been ordered. (i) Notwithstanding this section, a petitioner shall not be relieved of any financial restitution order that directly benefits the victim of a nonviolent crime unless it has already been paid. With the exception of restitution, the (1) The collection of fines restitution, fines, and fees imposed as a result of a nonviolent an offense that is the subject of the petition shall be stayed while the petition is pending. (2) If the petition is granted, unpaid restitution, fines, and fees shall be vacated. Any unpaid restitution, fines, or fees vacated pursuant to this paragraph shall not affect any victim’s eligibility when applying for compensation from the California Victim Compensation Board. (j) A person who was arrested as, or found to be, a person described in Section 602 of the Welfare and Institutions Code because they are alleged to have committed a qualifying nonviolent an offense while they were a victim of human trafficking, including, but not limited to, prostitution, as described in subdivision (b) of Section 647, may petition the court for relief under this section. If the petitioner establishes that the arrest or adjudication was the direct result of being a victim of human trafficking, the petitioner is entitled to a rebuttable presumption that the requirements for relief have been met. (k) (1) If the court issues an order as described in subdivision (a) or (j), pursuant to this section, the court shall also order all of the following agencies to seal and destroy their records: (A) Any law enforcement agency having jurisdiction over the offense. (B) The Department of Justice. (C) Any law enforcement agency that arrested the petitioner. (D) Any law enforcement agency that participated in the arrest of the petitioner. (E) Any law enforcement agency that has taken action or maintains records related to or because of the offense, including, but not limited to, departments a department of probation, rehabilitation, corrections, and or parole. (2) Any government agency described in paragraph (1) shall seal its records of arrest arrest, conviction, or adjudication and the court order to seal and destroy the records within one year from the date of arrest or within 90 days after the court order is granted, whichever occurs later. The agency shall thereafter destroy their records of the arrest arrest, conviction, or adjudication and court order to seal and destroy those records within one year of the date of the court order. (3) If requested by the petitioner, the court shall file as confidential the final court order granting the petition. (3) (4) The court shall provide the petitioner a certified copy of any court order concerning the sealing and destruction of the arrest records. 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 and destruction of the arrest records. (4) (5) The Department of Justice shall notify the petitioner and the petitioner’s counsel that the department has complied with the order to seal the arrest records by the applicable deadline. (l) A petition pursuant to this section shall be made and heard at any time after the person has ceased to be a victim of human trafficking or at any time after the petitioner has sought services for being a victim of human trafficking, whichever occurs later, subject to reasonable concerns for the safety of the petitioner, family members of the petitioner, or other victims of human trafficking who may be jeopardized by the bringing of the application or for other reasons consistent with the purposes of this section. time. The right to petition for relief pursuant to this section does not expire with the passage of time and may be made at any time after the time specified in this subdivision. time. A court shall not refuse to hear or grant a petition that was properly made pursuant to this sectio [Text truncated for display. Full text available on Congress.gov.]