BILL ANALYSIS �
AB 524
Page 1
ASSEMBLY THIRD READING
AB 524 (Mullin)
As Amended May 24, 2013
Majority vote
PUBLIC SAFETY 5-2 APPROPRIATIONS 13-4
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|Ayes:|Ammiano, Jones-Sawyer, |Ayes:|Gatto, Bocanegra, |
| |Mitchell, Quirk, Skinner | |Bradford, |
| | | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Hall, |
| | | |Ammiano, Linder, Pan, |
| | | |Quirk, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Melendez, Waldron |Nays:|Harkey, Bigelow, |
| | | |Donnelly, Wagner |
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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. States the Legislature's finding and declaration
that the provisions of this bill are intended to clarify
existing law.
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.
2)Provides that fear, such as will constitute extortion, may be
induced by a threat, either:
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,
AB 524
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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.
4)Provides that every person who commits any extortion under
color of official right, in cases for which a different
punishment is not prescribed in the Penal Code, is guilty of a
misdemeanor.
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 $10,000, or by both such fine
and imprisonment.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown moderate costs, potentially in excess of
$150,000, depending on the number of persons who are convicted
and committed to state prison for extortion as a result of the
expanded definition of fear. In the past two years, 41 persons
were committed to state prison for extortion. If this bill
results in three additional commitments, annual General Fund
costs could exceed $150,000.
COMMENTS : 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.
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"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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0000894