BILL ANALYSIS Ó AB 2202 Page 1 Date of Hearing: May 11, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2202 (Baker) - As Introduced February 18, 2016 ----------------------------------------------------------------- |Policy |Governmental Organization |Vote:|18 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Public Safety | |7 - 0 | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill requires the Office of Emergency Services (CalOES) to allocate and award funds for the purposes of establishing the Human Trafficking Prevention Vertical Prosecution Program (Program). In summary, this bill: 1)Requires CalOES to allocate and award funds to up to 11 district attorney offices that employ a vertical prosecution AB 2202 Page 2 methodology for the prosecution of human trafficking crimes. 2)Requires CalOES, on or before January 1, 2019, to submit to the Legislature and the Governor's Office a report that describes the counties that received funding pursuant to this program, the number of prosecutions for human trafficking cases filed by the counties receiving funding, the number of human trafficking convictions obtained by those counties, and the sentences imposed for human trafficking crimes in those counties. 3)Appropriates $2.6 million from the General Fund to CalOES for the purpose of funding the Human Trafficking Prevention Vertical Prosecution Program 4)Sunsets the provisions of this bill on January 1, 2021 FISCAL EFFECT: This bill appropriates $2.6 million from the General Fund to the CalOES. COMMENTS: 1)Purpose. According to the author, this bill will help further efforts to prosecute and convict human traffickers. 2)Vertical Prosecution. "Vertical Prosecution" refers to a method in which a prosecutor is assigned to the case from the initial point of referral to the completion of the AB 2202 Page 3 prosecution. Many argue this method of prosecution results in continuity and improved prosecution success, as well as benefits for crime victims, such as allowing prosecutors to build a rapport with victims by remaining with the case from intake to sentencing, which ensures that victims do not have to tell their story repeatedly to prosecutors at various stages of the case. 3)DOJ Report: According to the California Department of Justice (DOJ), human trafficking is the world's fastest growing criminal enterprise and is an estimated $32 billion-a-year global industry. Between 2010 and 2012, California's nine regional human trafficking task forces identified 1,277 victims, initiated 2,552 investigations, and arrested 1,798 individuals. The report also identifies ways to combat human trafficking; and opportunities in protecting and assisting victims and bringing traffickers to justice. Specifically, the report states that a vertical prosecution model run outside routine vice operations can help law enforcement better protect victims and improve prosecutions. 4)Related Legislation: a) AB 1730 (Atkins), currently in this committee's Suspense file, authorizes the chief probation officer of a county to create a program to provide services to youth within the county that address the need for services relating to the commercial sexual exploitation of youth. AB 1730 is pending hearing in the Assembly Appropriations Committee. b) AB 1731 (Atkins), currently in this committee's Suspense file, creates the Statewide Interagency Human Trafficking Task Force to gather statewide data on human trafficking, to recommend interagency protocols and best practices for AB 2202 Page 4 training and outreach to law enforcement, victim service providers, and other state and private sector employees likely to encounter sex trafficking, and to evaluate and implement approaches to increase public awareness about human trafficking. AB 1731 is pending hearing in the Assembly Appropriations Committee. 1)Prior Legislation: a) AB 1623 (Atkins), Chapter 85, Statutes of 2014, authorizes a local government or nonprofit organization to establish a family justice center to assist specified types of crime victims, including victims of human trafficking. b) SB 1279 (Pavley), Chapter 116, Statutes of 2010, established a pilot project in Los Angeles County to create, implement, and deliver standardized training curricula that would provide a protocol for law enforcement and social services to assess and recognize sexually exploited minors within the juvenile justice system. c) AB 499 (Swanson), Chapter 359, Statutes of 2008, established a pilot project in Alameda County to create, implement, and deliver standardized training curricula that would provide a protocol for law enforcement and social services to assess and recognize sexually exploited minors within the juvenile justice system. d) SB 180 (Kuehl), Chapter 239, Statutes of 2005, established the California Alliance to Combat Trafficking and Slavery Task Force and requires it to evaluate various programs available to victims of trafficking and various criminal statutes addressing human trafficking. AB 2202 Page 5 e) AB 22 (Lieber), Chapter 240, Statutes of 2005, created the California Trafficking Victims Protection Act, which established civil and criminal penalties for human trafficking and allowed for forfeiture of assets derived from human trafficking. In addition, the Act required law enforcement agencies to provide Law Enforcement Agency Endorsement to trafficking victims, providing trafficking victims with protection from deportation and created the human trafficking task force Analysis Prepared by:Luke Reidenbach / APPR. / (916) 319-2081