BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 2221 (Cristina Garcia) - Criminal procedure: human trafficking witnesses ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 19, 2016 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 11, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- 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. *********** ANALYSIS ADDENDUM - SUSPENSE FILE *********** The following information is revised to reflect amendments adopted by the committee on August 11, 2016 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 AB 2221 (Cristina Garcia) Page 1 of ? (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 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. 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. Committee Amendments: To clarify that counties are not mandated to operate a VWAC which could create a reimbursable state mandate, the following amendment is being adopted: 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. -- END -- AB 2221 (Cristina Garcia) Page 2 of ?