BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2221|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: AB 2221
Author: Cristina Garcia (D) and Grove (R)
Amended: 8/18/16 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.
Senate Floor Amendments of 8/18/16 remove the specification that
victim witness assistance centers provide victims assistance
prior to testifying.
ANALYSIS:
Existing law:
AB 2221
Page 2
1)Specifies that a prosecuting witness in a case involving a
violation or attempted violation of specified offenses,
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 a minor who is a victim of human
trafficking must be provided with assistance from the local
county Victim Witness Assistance Center if the victim so
desires. This bill does not require a local agency to operate a
Victim Witness Assistance Center.
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
SUPPORT: (Verified8/18/16)
AB 2221
Page 3
Bakersfield Police Department
California Police Chiefs Association
Los Angeles County District Attorney's Office
Peace Officers Research Association of California
OPPOSITION: (Verified8/18/16)
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. /
8/19/16 18:44:31
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