BILL ANALYSIS                                                                                                                                                                                                    Ó



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          ASSEMBLY THIRD READING


          AB  
          2027 (Quirk)


          As Amended  March 31, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |6-0  |Jones-Sawyer, Lackey, |                    |
          |                |     |Lopez, Low, Quirk,    |                    |
          |                |     |Santiago              |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Judiciary       |9-0  |Mark Stone, Wagner,   |                    |
          |                |     |Alejo, Chau, Chiu,    |                    |
          |                |     |Cristina Garcia,      |                    |
          |                |     |Holden, Maienschein,  |                    |
          |                |     |Ting                  |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |17-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |
          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Eduardo Garcia,       |                    |
          |                |     |                      |                    |








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          |                |     |                      |                    |
          |                |     |Roger Hernández,      |                    |
          |                |     |Holden, Quirk,        |                    |
          |                |     |Santiago, Wagner,     |                    |
          |                |     |Weber, Wood           |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Requires, upon the request of an immigrant victim of  
          human trafficking, a certifying agency to certify victim  
          cooperation on the applicable form so that the victim may apply  
          for a T-Visa to temporarily live and work in the United States.   
          Specifically, this bill:  
          1)Provides that upon a victim or victim's family member's  
            request, a certifying official from a certifying entity shall  
            certify victim cooperation on the Form I-914 Supplement B  
            declaration, when the victim was a victim of human trafficking  
            and has been cooperative, is being cooperative, or is likely  
            to be cooperative with the investigation or prosecution of  
            that crime.
          2)Creates a rebuttable presumption of cooperation if the victim  
            has not refused or failed to provide information and  
            assistance reasonably requested by law enforcement.


          3)Requires the certifying official to fully complete and sign  
            the Form I-914 Supplemental B declaration, and regarding  
            cooperation, include specific details about the nature of the  
            crime investigated or prosecuted, and a detailed description  
            of such cooperation, or likely cooperation.


          4)Requires the certifying agency to process the declaration  
            within 90 days, unless the person is in removal proceedings,  
            in which case it must be processed within 14 days of request.










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          5)States that a current investigation, filed charges, or a  
            prosecution, or conviction are not required for the victim to  
            request and obtain the Form I-914 Supplemental B declaration.   



          6)Limits the ability of a certifying official to withdraw the  
            certification to instances where the victim refuses to provide  
            information and assistance when reasonably requested.


          7)Prohibits a certifying entity from disclosing the immigrant  
            status of a victim or person requesting the Form I-914  
            Supplemental B declaration, except to comply with federal law  
            or legal process, or upon authorization of the person  
            requesting the declaration.


          8)Mandates a certifying agency that receives a request for a  
            Form I-914 Supplemental B declaration to report to the  
            Legislature beginning January 1, 2018, and annually  
            thereafter, the following information:


             a)   The number of victims that requested the declarations;
             b)   The number of declarations that were signed; and,


             c)   The number of denials.


          9)Defines a "certifying entity" as any of the following:
             a)   A state or local law enforcement agency;
             b)   A prosecutor;


             c)    A judge;










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             d)   The Department of Industrial Relations; and,


             e)   State or local government agencies that have criminal,  
               civil, or administrative investigative or prosecutorial  
               authority relating to human trafficking.


          10)Defines a "certifying official" as any of the following:
             a)   The head of the certifying entity;
             b)   A person in a supervisory role who has been specifically  
               designated by the head of the certifying entity to issue  
               Form I-914 Supplement B declarations on behalf of that  
               agency;


             c)   A judge; or 


             d)   Any other certifying official defined under specified  
               federal regulations.


          11)Defines "human trafficking" as "severe forms of trafficking  
            in persons" pursuant to specified federal law and which  
            includes either of the following:
             a)   Sex trafficking in which a commercial sex act is induced  
               by force, fraud, or coercion, or in which the person  
               induced to perform such act has not attained 18 years of  
               age; and,
             b)   The recruitment, harboring, transportation, provision,  
               or obtaining of a person for labor or services, through the  
               use of force, fraud, or coercion for the purpose of  
               subjection to involuntary servitude, peonage, debt bondage,  
               or slavery.


          12)States that "human trafficking" also includes criminal  
            offenses for which the nature and elements of the crime are  








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            substantially similar to the criminal activity described  
            above, as well as an attempt, conspiracy, or solicitation to  
            commit those offenses. 
          





          EXISTING FEDERAL LAW:  


          1)Allows an immigrant to receive a T-visa if the Secretary of  
            Homeland Security determines the following:


             a)   Is or was a victim of a severe form of trafficking in  
               persons (which may include sex or labor trafficking), as  
               defined by federal law;


             b)   Is in the United States, American Samoa, the  
               Commonwealth of the Northern Mariana Islands or at a U.S.  
               port of entry due to trafficking;


             c)   Has complied with any reasonable request from a law  
               enforcement agency for assistance in the investigation or  
               prosecution of human trafficking; and,


             d)   Would suffer extreme hardship involving unusual and  
               severe harm if removed from the United States.  


          EXISTING STATE LAW:  


          1)Requires certifying agencies, upon the request of an immigrant  








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            victim of crime, to certify victim helpfulness on the  
            applicable form so that he or she may apply for a U-visa.  


          2)Creates a rebuttable presumption that an immigrant victim is  
            helpful, has been helpful, or is likely to be helpful, if the  
            victim has not refused or failed to provide information and  
            assistance reasonably requested by law enforcement.  


          3)Mandates certifying entities to complete the certification  
            within 90 days of the request, except in cases where the  
            applicant is in immigration removal proceedings, in which case  
            the certification must be completed within 14 days of the  
            request.  


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, potential moderate local reimbursable state mandated  
          costs in excess of $300,000 General Fund(GF) by establishing a  
          time-frame for certifying entities to process Form I-914  
          Supplement B requests, and for local certifying entities to  
          report annually to the Legislature.  


          During a six-year period, annual certifications provided by the  
          cities of Los Angeles and Oakland were 764 and 500,  
          respectively.  If the cost to provide the certification were  
          $25, the reimbursable mandate to these two cities would be  
          $31,600.  There are 58 counties and 482 cities and each of them  
          has at least one "agency" that qualifies as a certifying agency.  
           It is reasonable to assume that the number of certifications  
          statewide would be at least ten times those of the cities of Los  
          Angeles and Oakland combined.  The reimbursable costs for  
          reporting will be minor.


          Mandating compliance with federal law is not a reimbursable  
          mandate.  However, federal law does not impose a timeframe, nor  








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          does it require an annual report.


          COMMENTS:  According to the author, "Human trafficking is a form  
          of modern-day slavery in which traffickers typically lure  
          individuals with false promises of employment and a better life.  
           Victims of severe forms of human trafficking are provided  
          relief under U.S. immigration law by the Victims of Trafficking  
          in Persons nonimmigrant visa, also known as 'T-visa.'  This  
          status allows victims of human trafficking to remain in the  
          United States to assist in investigations or prosecutions of  
          human trafficking violators.


          "The United States government estimates that each year up to  
          50,000 people are trafficked illegally into the United States  
          against their will, mostly women and children who are brought as  
          sex slaves.


          "The T-Visa provides trafficking victims from foreign countries  
          temporary legal status, with an opportunity to apply for  
          permanent residency and access to federal benefits if they  
          cooperate with law enforcement in the investigations of their  
          traffickers.


          "By stabilizing their status in the United States, immigration  
          relief can be critical to providing victims of crime a greater  
          sense of security that also make it easier for them to assist  
          with law enforcement and prosecutorial efforts."


          Analysis Prepared by:                                             
                          Sandy Uribe/ PUB. S. / (916) 319-3744  FN:  
          0003130











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