BILL ANALYSIS                                                                                                                                                                                                    ”



                                                                  AB 1060
                                                                  Page  1

          Date of Hearing:   May 18, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

               AB 1060 (Roger Hernandez) - As Amended:  April 28, 2011 

          Policy Committee:                              Public Safety 
          Vote:        5-0

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              No

           SUMMARY  

          This bill:

          1)Creates special maritime criminal jurisdiction extending to 
            crimes against persons on board a ship outside of California 
            under specified circumstances, including:  

             a)   When the suspect is either a California resident or a 
               resident of a state that consents to California 
               jurisdiction.
             b)   When the ship master or flag-state official turns a 
               suspect over to state law enforcement.
             c)   When the state where the crime occurred asks California 
               to exercise jurisdiction.
             d)   When the crime occurs during a voyage where the majority 
               of passengers embarked and intended to disembark in 
               California.
             e)   When the crime constitutes an attempt or a conspiracy to 
               cause a substantial effect in California that is an element 
               of the charged offense.
             f)   When the crime committed is one with respect to which 
               all states could exercise criminal jurisdiction under 
               international law or treaty.

          2)Provides that if a crime is punishable under California law, 
            it is punishable in the same way under the special criminal 
            maritime jurisdiction.

          3)Creates an affirmative defense when an act was authorized by 
            the ship's master or an officer of the flag state in accord 
            with the laws of that state and international law.








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          4)Requires state law enforcement officers and prosecutors not to 
            interfere with federal jurisdiction, the flag state, or a 
            state in whose territory the crime occurs.

          5)Creates a series of enforcement limitations on this 
            jurisdiction.

          6)Encourages local law enforcement to enter into agreements with 
            the Coast Guard and FBI.  
                
            FISCAL EFFECT

           1)Unknown, potentially significant annual state trial court GF 
            costs to the extent special maritime jurisdiction results in 
            additional court time and trials. For example, 10 trials 
            averaging two weeks, would cost in the range of $400,000.
          2)Unknown, annual GF costs to the extent the special 
            jurisdiction results in additional convictions and state 
            prison commitments. Four felony convictions could result in 
            annual GF costs of almost $200,000.

          3)Unknown nonreimbursable local law enforcement costs. 

           COMMENTS  

           1)Rationale  . The authors' intent is to provide justice for 
            crimes against persons that occur on cruise ships outside 
            California's three-mile-off-the-coast jurisdiction. The author 
            contends that the federal government does not make these 
            crimes a priority. 

            According to the author, "victims of crimes at sea are not 
            getting justice they deserve.  Only a startling few of the 
            cases that are reported are actually ever prosecuted mainly 
            because these crimes fall under the jurisdiction of the FBI, 
            who gives little priority to robberies and sex crimes on 
            cruise ships. In 2008 for example, the FBI released data that 
            indicates that there were only six sentences for any crime 
            that was committed at sea."

            As noted by the Assembly Public Safety Committee analysis, 
            this bill appears to be modeled on a statute that creates a 
            special maritime criminal jurisdiction for Florida, which was 
            upheld by the Florida Supreme Court when tested over an 








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            attempted sexual battery and burglary 100 miles off the 
            Florida coast. The cruise ship originated in Florida and 
            returned there.

          2)L.A. County currently has an MOU with the federal government 
            for this purpose.

           3)Prior Legislation  . SB 1582 (Simitian), 2008, required 
            operators of large passenger vessels operating in California 
            to have an ocean range on board to monitor compliance with 
            specified laws.  SB 1582 failed passage in Assembly Public 
            Safety.


           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081