BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1761


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          ASSEMBLY THIRD READING


          AB  
          1761 (Weber)


          As Amended  April 14, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |6-0  |Jones-Sawyer, Lackey, |                    |
          |                |     |Lopez, Low, Quirk,    |                    |
          |                |     |Santiago              |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |19-1 |Gonzalez, Bloom,      |Bigelow             |
          |                |     |Bonilla, Bonta,       |                    |
          |                |     |Calderon, Chang,      |                    |
          |                |     |McCarty, Eggman,      |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Chau, Holden, |                    |
          |                |     |Jones, Obernolte,     |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Wagner, Weber, Wood   |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Creates a human trafficking affirmative defense  








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          applicable to non-violent, non-serious, non-trafficking crimes.   
          Specifically, this bill:  
          1)States that, in addition to any other affirmative defense, it  
            is a defense to a crime that the person was coerced to commit  
            the offense as a direct result of being a human trafficking  
            victim at the time of the offense and of reasonable fear of  
            harm.
          2)States that this affirmative defense does not apply to a  
            serious felony, a violent felony, or the offense of human  
            trafficking, as specified.


          3)Establishes the standard of proof for the human trafficking  
            affirmative defense as the preponderance of evidence standard.


          4)States that certifying records from federal, state, tribal, or  
            local court or government certifying agencies for documents  
            such as U or T visas, may be presented to establish the  
            affirmative defense.


          5)Provides that the human trafficking affirmative defense can be  
            asserted at any time before entry of plea or before the end of  
            a trial.  The defense can also be determined at the  
            preliminary hearing.


          6)Entitles a person who successfully raises the human  
            trafficking affirmative defense to the following relief:


             a)   Sealing of all court records in the case;
             b)   Release from all penalties and disabilities resulting  
               from the charge, and all actions that led to the charge  
               shall be deemed not to have occurred; and


             c)   Permission to attest in all circumstances that he or she  








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               has never been arrested for, or charged with the subject  
               crime, including in financial aid, housing, employment, and  
               loan applications.


          7)States that, in any juvenile delinquency proceeding, if the  
            court finds that the alleged offense was committed as a direct  
            result of being a victim of human trafficking then it shall  
            dismiss the case and automatically seal the case records.
          8)States that the person may not be thereafter charged with  
            perjury or otherwise giving a false statement based on the  
            above relief.


          9)States that in a juvenile delinquency proceeding, if the court  
            finds that the offense charged in the proceedings was  
            committed as a direct result of the minor being a victim of  
            human trafficking, and the affirmative defense was established  
            by a preponderance of the evidence, then the court shall  
            dismiss the proceedings and order automatic record sealing.


          10)Provides that in a criminal action expert testimony is  
            admissible by either the prosecution or defense regarding the  
            effects of human trafficking on its victims, including, but  
            not limited to the nature and effect of physical, emotional,  
            or mental abuse on the beliefs, perceptions, or behavior of  
            human trafficking victims.


          11)States that the requisite foundation for the introduction of  
            this expert testimony will be established if the proponent of  
            the evidence shows its relevance and the proper qualifications  
            of the expert witness.


          EXISTING LAW:










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          1)Guarantees a defendant a meaningful opportunity to present a  
            defense.    
          2)Provides that all persons are capable of committing crimes  
            except those belonging to specified classes, including person  
            who committed the act or made the omission charged under  
            threats or menaces sufficient to show that they had reasonable  
            cause to and did believe their lives would be endangered if  
            they refused.  


          3)States that all relevant evidence is admissible unless it is  
            made inadmissible by some statutory or constitutional  
            provision.  


          4)Provides that the court in its discretion may exclude evidence  
            if its probative value is substantially outweighed by the  
            probability that its admission will necessitate undue  
            consumption of time or create substantial danger of undue  
            prejudice, of confusing the issues, or of misleading the jury.  
             


          5)States that a person is qualified to testify as an expert if  
            he or she has special knowledge, skill, experience, training,  
            or education sufficient for the court to deem the person  
            qualified on a subject about which he or she is asked to  
            express an opinion.  


          6)Limits expert testimony to a subject that is sufficiently  
            beyond common experience that the opinion of that expert would  
            assist the trier of fact to understand the evidence or  
            determine a fact in issue.  


          7)Authorizes expert testimony in criminal cases by either the  
            prosecution or defense regarding intimate partner battering  
            and its effects, including the nature and effect of physical,  








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            emotional, or mental abuse on the beliefs, perceptions, or  
            behavior of victims of domestic violence, except when offered  
            against a defendant to prove the occurrence of the act or acts  
            of abuse which form the basis of a criminal charge.  


          FISCAL EFFECT:  According to Assembly Appropriations Committee,  
          no cost to the state, and some savings to counties for reduced  
          incarceration, if the defendant prevails in misdemeanor or  
          non-serious felony charges.


          COMMENTS:  According to the author, "Too often our survivors of human  
          trafficking are forced to commit crimes under threat (directly  
          and indirectly) from their traffickers.  The trauma of being a  
          victim of human trafficking is untold.  In addition to sexual,  
          emotional, and physical abuse, human trafficking victims are  
          arrested and convicted for crimes they were forced to take part  
          in by their traffickers.  For too long, we have compounded this  
          trauma by arresting and charging victims of human trafficking  
          for crimes they committed directly related to their time spent  
          as a trafficking victim.  These victims are charged with crimes,  
          while their traffickers are shielded.  This bill seeks to remedy  
          this situation and create avenues for victims to be identified  
          and the traffickers prosecuted."




          Analysis Prepared by:                                             
                          Sandy Uribe/ PUB. S. / (916) 319-3744  FN:  
          0002945















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