BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2221 (Garcia) - Criminal procedure: human trafficking
witnesses
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|Version: April 19, 2016 |Policy Vote: PUB. S. 7 - 0 |
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|Urgency: No |Mandate: No (see Staff |
| |Comments) |
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|Hearing Date: August 1, 2016 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 2221 would require a minor who is a victim of human
trafficking to be provided with assistance from the local county
Victim Witness Assistance Center (VWAC), if the minor so
desires, prior to testifying as a witness in a case involving a
charge of human trafficking, as specified.
Fiscal
Impact:
VWAC services : Potential increase in expenditures from the
Victim-Witness Assistance (VWA) Fund (Special Fund*), Victims
of Crime Act (VOCA) Fund (Federal Funds), or other state funds
(General Fund) for local agencies that operate VWACs and
accept VWA funds to provide "assistance" to minors. There are
currently 59 VWACs in the state, all of which receive funding
from the VWA Fund to provide assistance to victims. By
requiring VWACs to provide assistance to human trafficking
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victims, this measure could result in potentially significant
one-time and ongoing costs to meet the requirements of this
bill. In the absence of additional funding, the mandate to
provide assistance to these specific victims potentially
redirects funding for services that otherwise would be
provided to victims of other crimes, including domestic
violence and sexual assault. Although the receipt of state
funding by a local VWAC is permissive, in the absence of
clarifying language, the provisions of this bill may create a
reimbursable state mandate on local county VWACs (as a similar
mandate is not imposed on privately-run VWACs) to provide a
higher level of service.
Cal OES : No anticipated impact, as no changes to the
administration of the local VWAC programs are required by the
bill.
*Victim-Witness Assistance (VWA) Fund - staff notes the VWA Fund
is insolvent, with a projected FY 2016-17 year-end balance of
$49,000. In order to address the VWA Fund's operating shortfall,
one of the state's short-term solutions has been to shift costs
to other state funds such as the Restitution Fund.
Background: Existing law states that although the State has a fund for
needy victims of violent crimes, and compensation is available
for medical expenses, lost income or wages, and rehabilitation
costs, the application process may be difficult, complex, and
time-consuming, and victims may not be aware that the
compensation provisions exist.
Existing law provides that it is the intent of the Legislature
to provide services to meet the needs of both victims and
witnesses of crime through the funding of local comprehensive
centers for victim and witness assistance. (Penal Code §
13835(f).)
Under existing law, funds are appropriated from the
Victim-Witness Assistance (VWA) Fund and made available through
the Office of Emergency Services (Cal OES) to any public or
private nonprofit agency for the assistance of victims and
witnesses that meets all of the following requirements:
It provides comprehensive services to victims and
witnesses of all types of crime. It is the intent of the
Legislature to make funds available only to programs that
AB 2221 (Garcia) Page 2 of
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do not restrict services to victims and witnesses of a
particular type of crime or in which there is a suspect in
the case.
It is recognized by the board of supervisors as the
major provider of comprehensive services to victims and
witnesses in the county.
It is selected by the board of supervisors as the agency
to receive funds pursuant to this article.
It assists victims of crime in the preparation,
verification, and presentation of their claims to the
California Victim Compensation and Government Claims Board
(Board) for indemnification, as specified.
It cooperates with the Board in verifying the data
required by law, as specified. (Penal Code § 13835.2.)
Assistance is available for victims of violent crimes often
through district attorneys' offices that operate Victim Witness
Assistance Programs. Trained and experienced victim advocates
provide crisis intervention counseling, information about the
criminal justice system, advocacy, assistance with filing for
victim compensation, and community referrals. Additional
assistance for witnesses include arranging transportation and
lodging for out of town witnesses, and notifying witnesses of
time and place of judgment and sentencing upon request.
There are 59 Victim Witness Assistance Centers - one in each
county and one more in the City of Los Angeles - that work
directly with the Board to assist victims.
Proposed
Law: This bill would require a minor who is a victim of human
trafficking to be provided with assistance from the local county
Victim Witness Assistance Center, if the minor so desires, prior
to testifying as a witness in a case involving a charge of human
trafficking under Penal Code § 236.1.
Related
Legislation: AB 1276 (Santiago) 2016 would authorize, under
specified conditions, a minor 17 years of age or younger to
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testify by contemporaneous examination and cross examination in
another place and out of the presence of the judge, jury,
defendant(s), and attorneys if testimony will involve the
recitation of the facts of an alleged offense of human
trafficking. AB 1276 is pending on the Senate Floor.
Staff
Comments: By requiring a minor who is a victim of human
trafficking to be provided with assistance from the local VWAC
prior to testifying as a witness in a case involving a charge of
human trafficking, this bill could result in an increase in
services costs to local VWACs of an unknown, but potentially
significant amount. In the absence of a definition of
"assistance," the scope of services required to be provided to
the minor prior to testifying as a witness in a case is unknown,
and therefore, the costs to local VWACs are likewise also
unknown.
One local VWAC has indicated that due to the inability of staff
to respond to all crime victims, the agency "will provide
comprehensive services to all crime victims upon request and
provide outreach to those crime victims/witnesses who have
special needs." This bill specifies that a minor is to be
provided with assistance if the minor so desires, but does not
require a request from the minor for such assistance. It is
unclear whether the provisions of this bill require a VWAC to
actively provide outreach to ensure the requirements of the bill
are met. In the absence of additional funding for victims'
services, the mandate to provide assistance to minors who are
victims of human trafficking prior to testifying in a case
potentially redirects funding for services that otherwise could
be provided to victims of other crimes who are also in critical
need of services, including domestic violence and sexual
assault.
Although the receipt of state VWA Funds by a local VWAC is
permissive, in the absence of clarifying language, the
provisions of this bill may create a reimbursable state mandate
on local county VWACs (as a similar mandate is not imposed on
privately-run VWACs) to provide a higher level of service.
Recommended Amendment: To clarify that counties are not
mandated to operate a VWAC, which could create a reimbursable
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state mandate, staff recommends the following amendment:
236.13. (a) Prior to testifying as a witness in a case involving
a charge of human trafficking under Section 236.1, a minor who
is a victim of the human trafficking shall be provided with
assistance from the local county Victim Witness Assistance
Center if the minor so desires.
(b) Nothing in this section is intended to require a local
agency to operate a Victim Witness Assistance Center.
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