BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de León, 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  








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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.