BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 2498 (Bonta) - Human trafficking ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: June 30, 2016 |Policy Vote: JUD. 7 - 0, PUB. | | | S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 11, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- *********** 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 ? 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. -- END -- AB 2498 (Bonta) Page 2 of ?