BILL ANALYSIS                                                                                                                                                                                                    Ó

          |SENATE RULES COMMITTEE            |                       AB 2221|
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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

           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           ASSEMBLY FLOOR:  76-0, 5/19/16 (Consent) - See last page for  

           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  


          Existing law:

          1)Specifies that a prosecuting witness in a case involving a  
            violation or attempted violation of specified offenses,  


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            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  


          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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          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  

          *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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          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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