BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1276


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          ASSEMBLY THIRD READING


          AB  
          1276 (Santiago)


          As Amended  January 4, 2016


          Majority vote


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          |Committee       |Votes|Ayes                  |Noes                |
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          |Public Safety   |6-0  |Quirk, Melendez,      |                    |
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          |                |     |Jones-Sawyer, Lackey, |                    |
          |                |     |Low, Santiago         |                    |
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          SUMMARY:  Authorizes a minor, 17 years of age or younger, to  
          testify at trial out of the presence of the defendant and jury  
          by way of closed-circuit television in human trafficking cases.   
          Applies the same procedures as currently permitted for allowing  
          a minor, 13 years of age or younger, to testify by means of  
          closed-circuit television in specified cases provided the court  
          makes certain findings.  
          EXISTING LAW:










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          1)States that it is the intent of the Legislature to provide the  
            court with discretion to employ alternative court procedures  
            to protect the rights of a child witness, the rights of the  
            defendant, and the integrity of the judicial process.  In  
            exercising its discretion, the court necessarily will be  
            required to balance the rights of the defendant or defendants  
            against the need to protect a child witness and to preserve  
            the integrity of the court's truthfinding function.  This  
            discretion is intended to be used selectively when the facts  
            and circumstances in an individual case present compelling  
            evidence of the need to use these alternative procedures.
          2)Authorizes a court in a criminal proceeding, upon written  
            notice by the prosecutor made at least three days prior to the  
            date of the preliminary hearing or trial date on which the  
            testimony of the minor is scheduled, or during the course of  
            the proceeding on the court's own motion, may order that the  
            testimony of a minor 13 years of age or younger at the time of  
            the motion be taken by contemporaneous examination and  
            cross-examination in another place and out of the presence of  
            the judge, jury, defendant or defendants, and attorneys, and  
            communicated to the courtroom by means of closed-circuit  
            television, if the court makes all of the following findings:


             a)   The minor's testimony will involve a recitation of the  
               facts of any of the following:
                 i)       An alleged sexual offense committed on or with  
                   the minor;
                 ii)      An alleged violent felony, as defined; or


                 iii)     An alleged felony offense of willful harm or  
                   injury to a child or corporal punishment of a child of  
                   which the minor is a victim.


             b)   The impact on the minor of one or more of the factors  
               enumerated in the following paragraphs, inclusive, is shown  
               by clear and convincing evidence to be so substantial as to  








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               make the minor unavailable as a witness unless  
               closed-circuit testimony is used:
                 i)       Testimony by the minor in the presence of the  
                   defendant would result in the child suffering serious  
                   emotional distress so that the child would be  
                   unavailable as a witness.
                 ii)      The defendant used a deadly weapon in the  
                   commission of the offense.


                 iii)     The defendant threatened serious bodily injury  
                   to the child or the child's family, threatened  
                   incarceration or deportation of the child or a member  
                   of the child's family, threatened removal of the child  
                   from the child's family, or threatened the dissolution  
                   of the child's family in order to prevent or dissuade  
                   the minor from attending or giving testimony at any  
                   trial or court proceeding, or to prevent the minor from  
                   reporting the alleged sexual offense, or from assisting  
                   in criminal prosecution.


                 iv)      The defendant inflicted great bodily injury upon  
                   the child in the commission of the offense.


                 v)       The defendant or his or her counsel behaved  
                   during the hearing or trial in a way that caused the  
                   minor to be unable to continue his or her testimony.


             c)   The equipment available for use of closed-circuit  
               television would accurately communicate the image and  
               demeanor of the minor to the judge, jury, defendant or  
               defendants, and attorneys.  
          3)Directs the court, in making the determination required by  
            this section, to consider the age of the minor, the  
            relationship between the minor and the defendant or  
            defendants, any handicap or disability of the minor, and the  








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            nature of the acts charged.  The minor's refusal to testify  
            shall not alone constitute sufficient evidence that the  
            special procedure described in this section is necessary to  
            obtain the minor's testimony.  
          4)Allows the court to question the minor in chambers, or at some  
            other comfortable place other than the courtroom, on the  
            record for a reasonable period of time with the support  
            person, the prosecutor, and defense counsel present.  The  
            defendant or defendants shall not be present.  The court shall  
            conduct the questioning of the minor and shall not permit the  
            prosecutor or defense counsel to examine the minor.  The  
            prosecutor and defense counsel shall be permitted to submit  
            proposed questions to the court prior to the session in  
            chambers.  Defense counsel shall be afforded a reasonable  
            opportunity to consult with the defendant or defendants prior  
            to the conclusion of the session in chambers.  


          5)Provides that when a court orders the testimony of a minor to  
            be taken in another place outside the courtroom, nothing in  
            this section prohibits the court from ordering the minor to be  
            brought into the courtroom for a limited purpose, including  
            the identification of the defendant or defendants as the court  
            deems necessary.  


          6)Provides that any person who deprives or violates the personal  
            liberty of any other with the intent to obtain forced labor or  
            services is guilty of human trafficking and shall be punished  
            in state prison for five, eight, or 12 years and a fine of not  
            more than $500,000.  


          7)States that any person who deprives or violates the personal  
            liberty of any other with the intent to effect or maintain a  
            violation of specified offenses related to sexual conduct,  
            obscene matter or extortion is guilty of human trafficking and  
            shall be punished by imprisonment in the state prison for  
            eight, 14 or 20 years and a fine of not more than $500,000.  








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          8)Specifies the following penalties for any person who causes,  
            induces, or persuades, or attempts to cause, induce, persuade,  
            a person who is minor at the time of commission of the offense  
            to engage in a commercial sex act, as provided:


             a)   Five, eight, or 12 years and a fine of not more than  
               $500,000; or,
             b)   Fifteen-years-to-life and a fine of not more than  
               $500,000 when the offense involves force, fear, fraud,  
               deceit, coercion, violence, duress, menace, or threat of  
               unlawful injury to the victim or to another person.  


          FISCAL EFFECT:  Unknown.  This bill is keyed non-fiscal by the  
          Legislative Counsel. 


          COMMENTS:  According to the author, "Testifying in court can be  
          traumatic for victims of human trafficking who are minors.   
          Facing the perpetrator in court and being asked to recall  
          horrifying details of the crime can cause severe emotional  
          distress.  When personally facing the perpetrator makes  
          effective communication in court difficult or leads a minor  
          fearing retaliation to refuse to testify, the result is often  
          ineffective prosecution.  AB 1276 will ensure that minors 17  
          years and younger who are victims of human trafficking are  
          protected from experiencing additional trauma by allowing them  
          to testify in court via closed-circuit television, while  
          preserving the integrity of the court's truthfinding function."




          Analysis Prepared by:                                             
                          Stella Choe / PUB. S. / (916) 319-3744  FN:  
          0002545








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