BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2221|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: AB 2221
Author: Cristina Garcia (D) and Grove (R)
Amended: 8/16/16 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/21/16
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
ASSEMBLY FLOOR: 76-0, 5/19/16 (Consent) - See last page for
vote
SUBJECT: Criminal procedure: human trafficking witnesses
SOURCE: Author
DIGEST: This bill authorizes minor victims of human trafficking
to be provided with victim witness assistance prior to
testifying.
ANALYSIS:
Existing law:
1)Specifies that a prosecuting witness in a case involving a
violation or attempted violation of specified offenses,
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Page 2
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.)
2) 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 (VWAC) if the victim so
desires. This bill does not require a local agency to operate a
VWAC.
Background
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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
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Page 3
According to the Senate Appropriations Committee:
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
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.
SUPPORT: (Verified8/12/16)
Bakersfield Police Department
California Police Chiefs Association
Los Angeles County District Attorney's Office
Peace Officers Research Association of California
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Page 4
OPPOSITION: (Verified8/12/16)
None received
ASSEMBLY FLOOR: 76-0, 5/19/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,
Calderon, Campos, Chau, Chávez, Chiu, Chu, Cooley, Cooper,
Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines,
Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,
Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger
Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,
Levine, Linder, Lopez, Low, Maienschein, Mayes, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Wood, Rendon
NO VOTE RECORDED: Chang, Mathis, McCarty, Williams
Prepared by:Molly Lao / PUB. S. /
8/16/16 17:33:34
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