BILL ANALYSIS Ó
AB 2221
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CONCURRENCE IN SENATE AMENDMENTS
AB
2221 (Cristina Garcia and Grove)
As Amended August 18, 2016
Majority vote
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|ASSEMBLY: |76-0 |(May 19, 2016) |SENATE: |39-0 |(August 23, |
| | | | | |2016) |
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Original Committee Reference: PUB. S.
SUMMARY: Provides that in a case involving a charge of human
trafficking, as specified, 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.
The Senate amendments:
1)Provide assistance to minor victims of human trafficking
through a local county Victim Witness Assistance Center,
whether or not the minor testifies as a witness in the human
trafficking case.
2)Clarify that this bill does not require a local agency to
operate a Victim Witness Assistance Center.
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EXISTING LAW:
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.
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.
AS PASSED BY THE ASSEMBY, this bill:
1)Authorized a peace officer to arrest a person without a
warrant if the officer has probable cause to believe that the
person has committed the misdemeanor offense of soliciting a
minor for prostitution.
2)Specified 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.
FISCAL EFFECT: According to the Senate Appropriations
Committee:
1)Victime-Witness Assistance Council (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
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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.
2)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 Fiscal Year (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.
COMMENTS: According to the author, "AB 2221 would allow law
enforcement the authority to arrest any adult when there is
probable cause to believe they solicited sex from a minor.
Currently, law enforcement officials can only arrest an adult
for soliciting sex from a minor if they witness the
solicitation. If police come upon a situation where there is
probable cause to believe an adult has solicited a minor for
sex, an officer can only issue a ticket, because this is a
misdemeanor crime."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by:
AB 2221
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David Billingsley / PUB. S. / (916) 319-3744
FN: 0004873