BILL ANALYSIS Ó AB 2221 Page 1 Date of Hearing: May 11, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2221 (Cristina Garcia) - As Amended April 19, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill specifies that prior to being subpoenaed as a witness in a human trafficking case, a minor who is a victim of human trafficking must be provided with assistance from the local county Victim Witness Assistance Center. FISCAL EFFECT: No cost. AB 2221 Page 2 COMMENTS: 1)Background/Purpose. Under current law, a prosecuting witness in a case involving a violation or attempted violation of specified offenses, including human trafficking, is entitled, for support, to the attendance of up to two persons of his or her own choosing, one of whom may be a witness, at the preliminary hearing and at the trial, or at a juvenile court proceeding, during the testimony of the prosecuting witness. Current law also states that only one of those support persons may accompany the witness to the witness stand, although the other may remain in the courtroom during the witness's testimony. Victims of crime may suffer physical, emotional, or financial harm. Victims and witnesses to a crime may face retaliation or intimidation in connection with their potential participation in the criminal justice system. Victims and witnesses can also be confused by a criminal justice system that is not familiar to them. Victim Witness Assistance Programs can provide assistance with these issues. These programs are frequently connected to the county district attorney's office. Victim Witness Assistance Programs generally have trained and experienced advocates provide services for victims and witnesses interacting with the criminal justice system. Services can include crisis counseling, orientation to the criminal justice system, community referrals, assistance with applying for victim compensation, a support group for family members of homicide victims, and many other services. This bill protects a minor by requiring that the minor be provided assistance from Victim Witness Assistance Center, if the minor is victim of human trafficking, before the minor is AB 2221 Page 3 subpoenaed as a witness. 2)Related Legislation: AB 1276 (Santiago), would authorize, under specified conditions, a minor 17 years of age or younger to testify by contemporaneous examination and cross-examination in another place and out of the presence of the judge, jury, defendant or defendants, and attorneys if the testimony will involve the recitation of the facts of an alleged offense of human trafficking. SB 1276 is awaiting hearing in the Senate Public Safety Committee. 3)Prior Legislation: SB 1091 (Pavley), Chapter 148, Statutes of 2012, expanded the list of cases in which a prosecuting witness may have support persons to include, among others, cases involving human trafficking, prostitution, child exploitation, and obscenity, as specified. Analysis Prepared by:Pedro Reyes / APPR. / (916) 319-2081