BILL ANALYSIS                                                                                                                                                                                                    



          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  
          ?