BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2498


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          Date of Hearing:  May 11, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2498 (Bonta) - As Amended April 7, 2016


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          |Policy       |Judiciary                      |Vote:|10 - 0       |
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          |             |Privacy and Consumer           |     |11 - 0       |
          |             |Protection                     |     |             |
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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill prohibits a law enforcement agency from disclosing the  
          names, addresses, or images of a person who alleges to be a  
          victim of human trafficking, or of that alleged victim's  








                                                                    AB 2498


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          immediate family, as defined, unless the disclosure is made to a  
          prosecutor, parole officer of the Department of Corrections and  
          Rehabilitation CDCR), hearing officers of the parole authority,  
          probation officers of county probation departments, or other  
          persons or public agencies where authorized or required by law.   
          In addition, this bill adds criminal actions alleging human  
          trafficking to the list of criminal cases (such as abandonment  
          and neglect of children, sexual offenses, against minor, etc.)  
          that take precedence over all other criminal actions in the  
          judicial trial calendar.   


          FISCAL EFFECT:


          Absorbable costs to the courts.


          COMMENTS:


          1)Background/Purpose.  Current law exempts from disclosure under  
            the California Public Records Act (CPRA) any records relating  
            to an investigation conducted by a state or local law  
            enforcement agency or any investigatory or security files  
            complied by any other state or local agency for correctional,  
            law enforcement, or licensing purposes.  Specifies, however,  
            that state and local law enforcement agencies shall disclose  
            the names and addresses of persons involved in the incident,  
            including certain information about the victim, as specified,  
            unless the disclosure would endanger the successful completion  
            of the investigation.  


            This bill seeks to protect the privacy and anonymity of human  
            trafficking victims and their families by amending provisions  
            of the CPRA and the Penal Code in order to better shield the  
            names and images of human trafficking victims (and their  
            families) from public disclosure by public agencies and law  








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            enforcement.  AB 2498 is author-sponsored.


            According to the author, "This bill would protect victims by  
            ensuring that the burden of opting-out is not placed on the  
            victim, who may or may not comprehend the court process or the  
            potential outcomes of identifying oneself, such as the risk of  
            retaliation from an exploiter or buyer to themselves or their  
            family members.  Additionally, AB 2498 provides optional  
            guidance to county courts to hear time-sensitive trafficking  
            cases quickly by expanding the list of criminal actions that  
            take precedence over all other criminal actions to include:  
            human trafficking, pimping and pandering." 


            This bill strengthens human trafficking victims'  
            confidentiality by ensuring that in addition to a victim's  
            name, their addresses, images and families are also excluded  
            from a CPRA disclosure.


          2)Support. The California State Sheriffs' Association states  
            that while sexual assault and human trafficking victims may  
            currently request their names to be withheld from public  
            records, "this protection is not without security flaws  
            because victims may still be identified by their picture,  
            family ties or address."  


          

















                                                                    AB 2498


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          Analysis Prepared by:Pedro Reyes / APPR. / (916)  
          319-2081