BILL ANALYSIS                                                                                                                                                                                                    ”



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          ASSEMBLY THIRD READING
          AB 1060 (Roger HernŠndez)
          As Amended  April 28, 2011
          Majority vote 

           PUBLIC SAFETY       5-0         APPROPRIATIONS      12-5        
           
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          |Ayes:|Ammiano, Cedillo, Hill,   |Ayes:|Fuentes, Blumenfield,     |
          |     |Mitchell, Skinner         |     |Bradford, Charles         |
          |     |                          |     |Calderon, Campos, Davis,  |
          |     |                          |     |Gatto, Hall, Hill, Lara,  |
          |     |                          |     |Mitchell, Solorio,        |
           ----------------------------------------------------------------- 

           SUMMARY  :  Creates a special maritime criminal jurisdiction to 
          extend the power of the state to prosecute crimes committed on 
          ships sailing outside California's territorial waters.  
          Specifically,  this bill  :  

          1)Declares that California is a major center for international 
            travel and trade by sea, and therefore has an interest in 
            protecting people traveling to and from California by sea, as 
            well as an interest in cooperating with not only masters of 
            ships, but also other governments to maintain law and order on 
            board ships.

          2)Creates a special maritime criminal jurisdiction of California 
            providing that the courts of this state may exercise 
            jurisdiction over a crime occurring outside California on 
            board a large passenger vessel, as defined.

          3)Provides the special maritime criminal jurisdiction applies 
            under any of the following circumstances:

             a)   When the criminal suspect on board the ship is either a 
               California resident or a resident of a state which consents 
               to the jurisdiction of California;

             b)   When either the master of the ship or a flag-state 
               official turns a suspect on board over to the custody of 
               state law enforcement;

             c)   When the state in whose territory the crime occurred 








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               asks California to exercise jurisdiction;

             d)   When the crime occurs during a voyage where the majority 
               of the paying passengers embarked and intended to disembark 
               in California;

             e)   When the crime victim is a state law enforcement officer 
               who is on board the ship in connection with his or her 
               official duties;

             f)   When a crime of violence, detention, or depredation is 
               committed against a California resident;

             g)   When the crime constitutes either an attempt or a 
               conspiracy to cause a substantial effect in California that 
               is an element of the charged offense; or, 

             h)   When the crime committed is one with respect to which 
               all states could exercise criminal jurisdiction under 
               international law or treaty.

          4)Provides that if a crime is punishable under California law, 
            it shall be punishable in the same way when prosecuted under 
            the special criminal maritime jurisdiction.

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

          6)Includes a double-jeopardy provision disallowing prosecution 
            if the suspect has been tried in good faith by another state 
            for substantially the same conduct.

          7)Requires state law enforcement officers and prosecuting 
            attorneys not to interfere with assertion of jurisdiction by 
            the federal government, the flag state, or a state in whose 
            territory the crime occurs; to consistently apply these 
            provisions with federal and international law, particularly 
            that of the flag state; and, to cooperate with the flag state 
            and master of the ship, when feasible.

          8)Creates certain enforcement limitations on this jurisdiction, 
            including:  








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             a)   Does not authorize a boarding, search or detention 
               without the consent of the flag state or ship master if the 
               ship is outside California; 

             b)   Does not constitute an assertion of jurisdiction over 
               military or law enforcement acting in accordance with 
               international law; 

             c)   Does not restrict the application of other California 
               laws, or the duty of law enforcement to protect human life, 
               property, or the environment from imminent harm; and,

             d)   Does not prohibit otherwise-allowable gambling.  

          9)Encourages local law enforcement to enter into agreements or 
            memoranda of understanding with both the Coast Guard and 
            Federal Bureau of Investigation (FBI) in order to facilitate 
            the prosecution of crimes.

          10)Requires ship owners and operators to notify passengers that 
            passengers can contact California law enforcement to assist 
            them with the prosecution of a crime.

           FISCAL EFFECT  :   According to the Assembly Appropriations 
          Committee:

          1)Unknown, potentially significant annual state trial court 
            General Fund (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  :   According to the author, "While we can't stop crimes 
          from happening, we can strengthen existing laws and improve the 
          coordination of our law enforcement efforts to ensure public 
          safety and justice for victims of crimes.  Currently, victims of 








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          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. 

          "Additionally, a prominent maritime attorney who has practiced 
          this area of law for 35 years indicated that he had only seen 
          one conviction for a sexual crime on a cruise ship during his 
          entire career."

          Please see the policy committee for a full discussion of this 
          bill.
           

          Analysis Prepared by  :    Sandy Uribe / PUB. S. / (916) 319-3744 


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