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.   |
          |                                |          S. 7 - 0              |
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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  







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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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