BILL ANALYSIS Ó
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: AB 2221 Hearing Date: June 21, 2016
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|Author: |Cristina Garcia |
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|Version: |April 19, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|ML |
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Subject: Criminal Procedure: Human Trafficking Witnesses
HISTORY
Source: Author
Prior Legislation:AB 1730 (Atkins) - Introduced 1/28/2016
AB 1760 (Santiago) - Introduced 2/2/2016
SB 1322 (Mitchell) - Introduced 2/19/2016
Support: Bakersfield Police Department; California Police
Chiefs Association; Los Angeles County District
Attorney's Office; Peace Officers Research Association
of California
Opposition:None Known
Assembly Floor Vote: 76 - 0
PURPOSE
The purpose of this bill is to authorize minor victims of human
trafficking to be provided with victim witness assistance prior
to testifying.
Existing law specifies that a prosecuting witness in a case
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involving a violation or attempted violation of specified
offenses, including human trafficking, shall be 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. (Penal Code, §
868.5.)
Existing law 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' testimony.
(Penal Code, § 868.5.)
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.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past several years this Committee has scrutinized
legislation referred to its jurisdiction for any potential
impact on prison overcrowding. Mindful of the United States
Supreme Court ruling and federal court orders relating to the
state's ability to provide a constitutional level of health care
to its inmate population and the related issue of prison
overcrowding, this Committee has applied its "ROCA" policy as a
content-neutral, provisional measure necessary to ensure that
the Legislature does not erode progress in reducing prison
overcrowding.
On February 10, 2014, the federal court ordered California to
reduce its in-state adult institution population to 137.5% of
design capacity by February 28, 2016, as follows:
143% of design bed capacity by June 30, 2014;
141.5% of design bed capacity by February 28, 2015; and,
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137.5% of design bed capacity by February 28, 2016.
In December of 2015 the administration reported that as "of
December 9, 2015, 112,510 inmates were housed in the State's 34
adult institutions, which amounts to 136.0% of design bed
capacity, and 5,264 inmates were housed in out-of-state
facilities. The current population is 1,212 inmates below the
final court-ordered population benchmark of 137.5% of design bed
capacity, and has been under that benchmark since February
2015." (Defendants' December 2015 Status Report in Response to
February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge
Court, Coleman v. Brown, Plata v. Brown (fn. omitted).) One
year ago, 115,826 inmates were housed in the State's 34 adult
institutions, which amounted to 140.0% of design bed capacity,
and 8,864 inmates were housed in out-of-state facilities.
(Defendants' December 2014 Status Report in Response to February
10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman
v. Brown, Plata v. Brown (fn. omitted).)
While significant gains have been made in reducing the prison
population, the state must stabilize these advances and
demonstrate to the federal court that California has in place
the "durable solution" to prison overcrowding "consistently
demanded" by the court. (Opinion Re: Order Granting in Part and
Denying in Part Defendants' Request For Extension of December
31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,
Coleman v. Brown, Plata v. Brown (2-10-14). The Committee's
consideration of bills that may impact the prison population
therefore will be informed by the following questions:
Whether a proposal erodes a measure which has contributed
to reducing the prison population;
Whether a proposal addresses a major area of public safety
or criminal activity for which there is no other
reasonable, appropriate remedy;
Whether a proposal addresses a crime which is directly
dangerous to the physical safety of others for which there
is no other reasonably appropriate sanction;
Whether a proposal corrects a constitutional problem or
legislative drafting error; and
Whether a proposal proposes penalties which are
proportionate, and cannot be achieved through any other
reasonably appropriate remedy.
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COMMENTS
1. Stated Need for This Bill
The author states:
Both federal and state laws define human trafficking with
a critical component: Victims are exploited by "force,
fraud, or coercion".<1> "Force" in regards to human
trafficking typically means physical and/or sexual abuse
as well as isolation and confinement. Coercion is a
psychological form of control, which may include threats
of harm made to the victim or the victim's family.
Victims experiencing these circumstances are under
extreme duress and serious vulnerability.
Children and youth in the foster care system are
significantly more at risk to be human trafficked. Of
suspected or confirmed child victims of sex trafficking,
46.7% were from a group home, foster care, Department of
Child and Family Services care or a shelter. The victims
of human trafficking are extremely vulnerable populations
and require added measures to advocate for their
safety.<2>
Human trafficking victims are caught in a "he-said,
she-said" situation, and oftentimes will have to testify
in order to establish that there was indeed a crime
against them. Having endured an already traumatic
experience, there is no need for these victims to relive
the atrocities from their assailant.
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<1> The Crime of Human Trafficking. The State of Human
Trafficking in California 2012.
http://oag.ca.gov/sites/all/files/agweb/pdfs/ht/human-trafficking
-2012.pdf
<2> California Human Trafficking Fact Sheet. Center for Public
Policy Studies.
http://www.htcourts.org/wp-content/uploads/CA-HT-Fact-Sheet-2.27.
13.pdf?Factsheet=HT-CA.
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The majority of human trafficked children have roots in
our foster care system. Many of these children have
lacked the stability and support every child deserves. In
order to protect victims from further exploitation, prior
to taking the stand, AB 2221 will provide victims with
assistance from the local county Victim Witness
Assistance Center. This measure is to ensure that there
is someone by their side walking them through this
difficult process, helping them transition from a victim
to a survivor.
2. Victim Witness Assistance Programs
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 witness 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.
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