BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2498 (Bonta) - Human trafficking
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|Version: June 30, 2016 |Policy Vote: JUD. 7 - 0, PUB. |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: August 11, 2016 |Consultant: Jolie Onodera |
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*********** ANALYSIS ADDENDUM - SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 11, 2016
Bill
Summary: AB 2498 would do the following:
Prohibit law enforcement agencies from disclosing the names,
addresses, and images of human trafficking victims and their
immediate families, except as specified.
Require law enforcement agencies to orally inform victims of
human trafficking of their right to have their names,
addresses, and images, and that of their immediate families,
withheld and kept confidential.
Exempt the names and images of human trafficking victims and
their immediate families, with exceptions, from disclosure
AB 2498 (Bonta) Page 1 of
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under the California Public Records Act (CPRA), until the
investigation or subsequent prosecution is complete.
Adds criminal actions alleging human trafficking to the list
of criminal cases that take precedence over all other criminal
actions in the trial court calendar.
Fiscal
Impact:
Law enforcement agency mandates : Potential state-reimbursable
costs (General Fund) to orally inform alleged victims of their
right to have their information, and the information of their
immediate family members, kept confidential, as well as to
redact information from police reports regarding the victims
and their families once the investigation or prosecution is
complete (as this information would be exempt from disclosure
under the CPRA during this period, potential state
reimbursement is only projected after the disclosure exemption
under the CPRA has elapsed). The Commission on State Mandates
(CSM) previously determined specified provisions of PC § 293
constituted a reimbursable state mandate (Sex Crime
Confidentiality, 98-TC-21), including but not limited to the
requirement to inform an alleged victim that his or her name
will become a matter of public record unless otherwise
requested, and to redact victim information from public
records.
CPRA exemption : Minor ongoing non-reimbursable local agency
costs (Local Funds) and state agency costs (General Fund) for
additional records exemptions from the CPRA that could incur
new workload for redaction.
Court calendaring : Potential minor ongoing workload impact
(General Fund*) to add human trafficking to the list of types
of criminal cases provided a calendaring preference.
*Trial Court Trust Fund
Committee
Amendments: Remove the requirement for a victim to be informed
in his or her native language of the right to have his or her
information kept confidential. The requirement to orally inform
the victim remains in the bill.
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