BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
AB 524 (Mullin) - Immigrants: extortion.
Amended: May 24, 2013 Policy Vote: Public Safety 5-2
Urgency: No Mandate: Yes
Hearing Date: August 30, 2013
Consultant: Jolie Onodera
SUSPENSE FILE.
Bill Summary: AB 524 would provide 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.
Fiscal Impact:
Unknown; potential increase in state prison commitments and
costs potentially in excess of $150,000 (General Fund). CDCR
data indicates an average of 50 new commitments to state
prison per year for extortion. A five to 10 percent increase
in convictions would result in annual state incarceration
costs of $180,000 to $300,000 (General Fund).
Potential moderate increase in state trial court workload
to the extent the provisions of this bill result in
additional prosecutions that otherwise would not have
occurred under the existing law. Three to five additional
trials per year (based on the five to 10 percent increase in
convictions noted above), would result in $60,000 to
$100,000 (General Fund*) in additional court-related costs.
*Trial Court Trust Fund
Background: Existing law 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 (PC)
� 518). Under existing law, a 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 for up to one year or in state
prison, by a fine of up to $10,000, or by both imprisonment and
the fine (PC � 524).
AB 524 (Mullin)
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Existing law provides that fear, such as will constitute
extortion, may be induced by a threat, either:
To do an unlawful injury to the person or property of
the individual threatened or of a third person;
To accuse the individual threatened, or any relative of
his, or member of his family, of any crime;
To expose, or to impute to him or then any deformity,
disgrace, or crime; or,
To expose any secret affecting him or them. (PC � 519)
Proposed Law: This bill would provide 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. This bill includes a Legislative
finding and declaration that the amendments are intended to
clarify existing law.
Staff Comments: By arguably expanding the definition of fear
sufficient to constitute extortion, the provisions of this bill
could result in additional prosecutions, court trials, and
convictions with sentences to county jail and state prison.
Based on CDCR data for the past two years (2011and 2012), the
average number of commitments to state prison for extortion is
50 inmates per year. Assuming a five to 10 percent increase in
prison commitments due to the addition of the specified threat
that would constitute extortion could increase annual state
prison costs in the range of $180,000 to $300,000 per year. To
the extent the number of cases impacted by the provisions of
this bill is greater or less, the costs would be affected
accordingly.
California's prison system continues to operate under federal
oversight as it addresses the issues of prison overcrowding and
constitutionally adequate health care in its 33 facilities. On
January 7, 2013, the state requested the court vacate or modify
its order requiring the state to reduce the inmate population.
The three-judge panel did not issue judgment on whether to
vacate the population limit but issued an order extending the
deadline for meeting the population limit from June to December
2013. On June 20, 2013, the three-judge panel ordered the State
to immediately take all steps necessary to implement the
measures in the Amended Plan, as specified, notwithstanding any
AB 524 (Mullin)
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state or local laws or regulations to the contrary, and, in any
event, to reduce the prison population to 137.5 percent of
design capacity by December 31, 2013, through the specific
measures contained in that plan, through the release of
prisoners from the Low-Risk List, or through the substitution of
prisoners due to other measures approved by the court.
To the extent the provisions of this bill result in additional
prosecutions and court trials, there would be increased workload
on the courts. Based on a daily court rate of $4,000 (8 hours of
court time) and a one week trial, an additional three to five
court trials per year (associated with the five to 10 percent
increase in state prison commitments noted above) would cost in
the range of $60,000 to $100,000 per year.