BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2202


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          Date of Hearing:  May 11, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2202 (Baker) - As Introduced February 18, 2016


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          |             |Public Safety                  |     |7 - 0        |
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          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  








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            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  








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            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  








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               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.










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             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