BILL ANALYSIS Ó
AB 2221
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Date of Hearing: May 11, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2221 (Cristina Garcia) - As Amended April 19, 2016
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|Policy |Public Safety |Vote:|7 - 0 |
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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
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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
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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