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) Page 1 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) Page 2 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.