BILL ANALYSIS �
AB 524
Page 1
Date of Hearing: April 2, 2013
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 524 (Mullin) - As Amended: April 1, 2013
SUMMARY : Provides that a threat to report the immigration
status or suspected immigration status of an individual or the
individual's family may induce fear sufficient to constitute
extortion.
EXISTING LAW :
1)Defines "extortion" as the obtaining of property from another,
with his consent, or the obtaining of an official act of a
public officer, induced by a wrongful use of force or fear, or
under color of official right. (Penal Code Section 518.)
2)Provides that fear, such as will constitute extortion, may be
induced by a threat, either (Penal Code Section 519):
a) To do an unlawful injury to the person or property of
the individual threatened or of a third person;
b) To accuse the individual threatened, or any relative of
his, or member of his family, of any crime;
c) To expose, or to impute to him or them any deformity,
disgrace or crime; or,
d) To expose, any secret affecting him or them.
3)States that every person who extorts any money or other
property from another, under circumstances not amounting to
robbery or carjacking, by means of force, or any threat, such
as is mentioned in existing provisions of law relating to
threats sufficient to constitute extortion, shall be punished
by imprisonment for two, three or four years. (Penal Code
Section 520.)
4)Provides that every person who commits any extortion under
AB 524
Page 2
color of official right, in cases for which a different
punishment is not prescribed in the Penal Code, is guilty of a
misdemeanor. (Penal Code Section 521.)
5)States that every person who attempts, by means of any threat,
such as is specified in existing provisions of law relating to
threats sufficient to constitute extortion, to extort money or
other property from another is punishable by imprisonment in
the county jail not longer than one year or in the state
prison or by fine not exceeding ten thousand dollars
($10,000), or by both such fine and imprisonment. (Penal Code
Section 524.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "AB 524 seeks to
curb the countless untold human trafficking and exploitation
incidents that go unreported in California every day. By
highlighting the issue and explicitly stating that threats to
report a person's immigration status are against the law, the
bill would help protect California's immigration population
from exploitation, improve safety in our communities and
strengthen human rights. This legislation sends a clear
message to potential perpetrators: exploitation based on
immigration status is strictly against the law.
"California is home to the greatest number of immigrants of any
state in the country. With 27% of the state's population
comprised of foreign-born persons, we have a civic obligation
to ensure our laws effectively protect all Californians from
exploitation, regardless of immigration status. Virginia and
Colorado, states with fewer immigrants, have already
implemented similar laws. It's time California does the
same."
2)Background : According to the background information provided
by the author, "Research indicates that 76% of crimes against
undocumented immigrants go unreported. This reluctance to
report criminal activity can be traced in part to fear of
deportation, a fear that makes undocumented immigrants
particularly attractive targets to potential offenders.
Offenders seek out the most 'suitable target,' according to
victimization research. Given undocumented immigrants'
AB 524
Page 3
reluctance to interact with police due to fear of deportation,
this group is particularly vulnerable to extortion." [See
National Employment Law Project, Workers' Rights on ICE: How
Immigration Reform can Stop Retaliation and Advance Labor
Rights (Feb. 2013).]
3)Arguments in Support :
a) According to the California Labor Federation (the
sponsor of this bill), "Almost one-quarter of all
undocumented immigrants in the US live in California and
one in ten workers is undocumented. These workers are
forced to live in the shadows, with no path to
legalization, leaving them extremely vulnerable to employer
abuse. In addition, as a result of the flawed "Secure
Communities" program, immigrant workers are rightfully
fearful of any contact with police, since a routine traffic
stop can result in an immigration hold.
"So long as workers are willing to endure widespread wage
theft and unsafe working conditions, these employers don't
ask about immigration status. It is only when workers spoke
out about unfair or illegal conditions that employers
turned to tools like real or threatened immigration audits,
Immigration & Customs Enforcement (ICE) raids, and
implementation of e-verify as retaliation. In fact, the
report provides multiple examples of employers using
immigration threats to try to get away with wage theft.
"The reality is that immigration-related retaliation and
threats undermine workers' rights for all workers. Those
who might be willing to act as whistleblowers and expose
unfair and illegal treatment worry they will be the cause
of serious harm to their co-workers for calling attention
to abuses. Meanwhile, employers who are following the law
are at a competitive disadvantage against those that
exploit workers.
"AB 524 is an important piece in cracking down on that type
of intimidation. It will clarify that threatening to report
a worker or his or her family member's immigration status
to induce enough fear that the worker will accept having
wages stolen is not just immoral, it is a crime."
b) According to the California State Council of Laborers ,
AB 524
Page 4
"Research and individual experiences show that rampant
labor violations and widespread practices of retaliation
have become key features of the low-wage labor market in
California. In many of these occupations and industries
vulnerable immigrants cannot exercise their labor rights or
speak out against unfair or illegal working conditions
without the fear of retaliation. Bad jobs will not become
good jobs when a substantial portion of the workforce is
being threatened with immigration audits, Immigration &
Customs Enforcement (ICE) raids and implementation of
e-verify as retaliation.
"The Laborers have been on the forefront of helping expose
underground economy activities in California, and 'bring to
light' dishonest business practices that continue to leave
law-abiding employers at a competitive disadvantage. AB
524 helps level the playing field and prevents unscrupulous
employers from using immigration status as a means of
escaping responsibility for workplace abuses and wage theft
violations. AB 524 is a major step toward improving job
quality in the low-wage jobs that fuel our state's economy
and to remove the ability of employers to use immigrant
status for retaliation or other unlawful purposes."
4)Argument in Opposition : According to the California District
Attorneys Association , "We are concerned that the bill is
unnecessary given the way in which Penal Code Section 519
currently exists. It appears that several of the existing
criteria used to prove that a threat constituting extortion
already cover the threat to report a person as being illegally
present in this country.
"Perhaps more importantly, we fear that AB 524 will lead to
additional unnecessary expansion of PC 519. If this section
is further amended to add more circumstances that constitute
extortion, defense counsel is likely to argue that the lack of
a specific reference to a particular set of facts demonstrates
the Legislature's affirmative exclusion of threats that are
likely already covered today from the reach of PC 519."
5)Related Legislation :
a) AB 4 (Ammiano) prohibits a law enforcement agency from
detaining an individual on the basis of an immigration hold
if that person has not been convicted of a serious or
AB 524
Page 5
violent felony and the continued detention would violate
local policy. AB 4 is pending hearing by this Committee.
b) AJR 3 (Alejo) specifies principles for repairing the
nation's broken immigration system, and urges Congress and
the President of the United States to take a comprehensive
and workable approach to improving the nation's immigration
system using those principles. AJR 3 is pending hearing by
the Judiciary Committee.
6)Prior Legislation :
a) AB 1081 (Ammiano), of the 2011-12 Legislative Session,
was significantly similar to AB 4 (Ammiano). AB 1081 was
vetoed.
b) AB 26 (Donnelly), of the 2011-12 Legislative Session,
would have made it a felony under specified circumstances
for an undocumented immigrant to be present on public or
private land, and would have prohibited public officials
and agencies from adopting a policy that would restrict
enforcement of federal immigration law. AB 26 failed
passage in the Judiciary Committee.
c) AB 2631 (Logue), of the 2009-10 Legislative Session,
would have invalidated any local ordinance or policy that
prevents or limits a law enforcement agency from notifying
federal officials in charge of deportation that a person is
suspected of being in the country illegally. AB 2631 was
never heard by this Committee.
d) ACR 140 (Adams), Chapter 49, Statutes of 2010, urges the
Governor to demand that the federal Bureau of Justice
Assistance reimburse the State of California for all costs
of incarcerating undocumented foreign nationals.
e) AB 78 (Mendoza), of the 2011-12 Legislative Session,
would have provided that a person without legal authority
to reside in the United States but who has continuously
resided in California since January 1, 2007, shall have the
same rights and responsibilities that are afforded to any
other legal permanent resident in this state pursuant to
the California Constitution and any other state or local
law or regulation, if the person is in compliance with
certain requirements. AB 78 was never heard by the
AB 524
Page 6
Judiciary Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
California Labor Federation (Sponsor)
California Communities United Institute
California Conference Board of the Amalgamated Transit Union
California Conference of Machinists
California Immigrant Policy Center
California Nurses Association
California State Council of Laborers
Coalition for Humane Immigrant Rights of Los Angeles
Coalition to Abolish Slavery and Trafficking
Engineers and Scientists of California, IFPTE Local 20
International Longshore and Warehouse Union
Mexican American Legal Defense and Educational Fund
Professional and Technical Engineers, IFPTE Local 21
Teamsters
UNITE-HERE, AFL-CIO
United Food and Commercial Workers Western States Council
Utility workers Union of America
Opposition
California District Attorneys Association
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744