BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 2498|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  AB 2498
          Author:   Bonta (D) 
          Amended:  8/19/16 in Senate
          Vote:     21 

           SENATE JUDICIARY COMMITTEE:  7-0, 6/14/16
           AYES:  Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,  
            Wieckowski

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 6/28/16
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/11/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           ASSEMBLY FLOOR:  76-0, 5/19/16 (Consent) - See last page for  
            vote

           SUBJECT:   Human trafficking


          SOURCE:    Author


          DIGEST:   This bill exempts the names, addresses, and images of  
          victims of human trafficking and their immediate family, as  
          specified, from disclosure pursuant to the California Public  
          Records Act (CPRA). This bill requires law enforcement to orally  
          inform a person who alleges to be the victim of human  
          trafficking of his or her right to have his or her name,  
          addresses, and images, and the names, addresses, and images of  
          his or her immediate family members withheld and kept  
          confidential, and, with regard to calendaring, gives courts the  








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          discretion to grant human trafficking actions preference in the  
          order of trial.  


          Senate Floor Amendments of 8/19/16 remove the reference to  
          Section 1048 of the Penal Code, and therefore remove the  
          addition of human trafficking to the list of crimes that would  
          have preference during court calendaring.  The amendments  
          instead give a court the discretion to give human trafficking  
          cases priority on the court's calendar.  


          ANALYSIS:  


          Existing law: 


          1)Declares, in the California Constitution, the people's right  
            to transparency in government.  ("The people have the right of  
            access to information concerning the conduct of the people's  
            business, and therefore, the meetings of public bodies and the  
            writings of public officials and agencies shall be open to  
            public scrutiny....")  (Cal. Const., art. I, Sec. 3.)


          2)Governs, pursuant to the CPRA, the disclosure of information  
            collected and maintained by public agencies.  (Gov. Code Sec.  
            6250 et seq.)  Generally, all public records are accessible to  
            the public upon request, unless the record requested is exempt  
            from public disclosure.  (Gov. Code Sec. 6254.)  There are 30  
            general categories of documents or information that are exempt  
            from disclosure, essentially due to the character of the  
            information, and unless it is shown that the public's interest  
            in disclosure outweighs the public's interest in  
            non-disclosure of the information, the exempt information may  
            be withheld by the public agency with custody of the  
            information.


          3)Makes certain criminal record information, including records  
            of complaints to, or investigations conducted by, or any  
            investigatory or security files compiled by any other state or  
            local police agency confidential, but requires state and local  







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            law enforcement agencies to make public specified information,  
            including the full name, physical description, date and time  
            of arrest, time and date of booking, and factual circumstances  
            surrounding an arrest, except to the extent that disclosure of  
            a particular item of information would endanger the safety of  
            a person involved in an investigation or would endanger the  
            successful completion of the investigation or a related  
            investigation.  (Gov. Code Sec. 6254(f).)


          4)Provides, notwithstanding any disclosure required under the  
            investigatory exemption under the CPRA, that the name of a  
            victim of certain sexual crimes, including a victim of human  
            trafficking, may be withheld from disclosure at the victim's  
            request, or at the request of the victim's parent or guardian  
            if the victim is a minor.  (Gov. Code Sec. 6254(f)(2).) 


          5)Requires state and local law enforcement agencies to disclose,  
            subject to certain restrictions, the current address of every  
            individual arrested by the agency and the current address of  
            the victim of a crime, if the requester declares under penalty  
            of perjury that the request is made for a scholarly,  
            journalistic, political, or governmental purpose, or that the  
            request is made for investigation purposes by a licensed  
            private investigator, as defined.  However, notwithstanding  
            this general disclosure requirement, the address of the victim  
            of certain sexual crimes, including human trafficking, must  
            remain confidential.  (Gov. Code Sec. 6254 (f)(3).)


          6)Requires an employee of a law enforcement agency who  
            personally received a report from a person alleging that he or  
            she has been the victim of a sex offense, to inform the person  
            making the report that his or her name will become a matter of  
            public record unless he or she requests that it not become a  
            matter of public record, and additionally provides that if the  
            victim makes this request then the law enforcement agency  
            shall not disclose the name of a victim.  (Pen. Code Sec. 293  
            (a)-(d).) 


          7)Provides that any victim of a sexual crime who has not elected  
            to exercise his or her right to keep her name confidential may  







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            request to be identified in all court records and proceedings  
            as either Jane Doe or John Doe, if the court finds that such  
            an order is reasonably necessary to protect the privacy of the  
            person and will not unduly prejudice the prosecution or the  
            defense.  (Pen. Code Sec. 293.5.) 


          8)Provides that certain criminal actions, especially those  
            involving sexual offenses, take precedence over other criminal  
            actions in the order of the trail calendar.  (Pen. Code Sec.  
            1048.) 


          This bill: 


          1)Prohibits law enforcement agencies from disclosing the names,  
            addresses, and images of human trafficking victims and their  
            immediate families, except as specified. 


          2)Requires 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.


          3)Exempts the names and images of human trafficking victims and  
            their immediate families, with exceptions, from disclosure  
            under the CPRA, until the investigation or subsequent  
            prosecution is complete.


          4)Allows the court, upon a showing of good cause, to grant  
            priority to an action for an alleged human trafficking  
            violation.  


          Background


          The CPRA governs the disclosure of information collected and  
          maintained by public agencies.  Generally, all public records  
          are accessible to the public upon request, unless the record  







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          requested is exempt from public disclosure. (Gov. Code Sec. 6254  
          et seq.) There are 30 general categories of documents or  
          information that are exempt from disclosure, essentially due to  
          the character of the information, and unless it is shown that  
          the public's interest in disclosure outweighs the public's  
          interest in non-disclosure of the information, the exempt  
          information may be withheld by the public agency with custody of  
          the information.


          A major category of exempted information covers information from  
          records of complaints and investigations, records of  
          intelligence information, and security procedures of the  
          Department of Justice and any state or local law enforcement  
          agency. (Gov. Code Sec. 6254(f).)  The statute permits the  
          disclosure of specified information, however, unless disclosure  
          would endanger the successful completion of the investigation or  
          endanger the safety of a witness, the victim, or other persons  
          involved in the investigation. The information permitted to be  
          disclosed are facts about persons arrested by the agency (e.g.  
          physical description, date and time of arrest, name and  
          occupation, all charges filed), facts about complaints or  
          requests for assistance received by the agency (including  
          information about the crimes alleged and factual circumstances  
          about the crime or incident and the injuries sustained by  
          victims), and, pursuant to a request for information for  
          scholarly, journalistic, political, or governmental purpose, the  
          names and addresses of those arrested by the agency and the  
          victims of specified crimes. (Gov. Code Sec. 6254(f)(1), (f)(2),  
          and (f)(3).)


          Among the information permitted to be disclosed under Section of  
          Government Code 6254(f) are the names of victims of crimes (Gov.  
          Code Sec. 6254(f)(2).) and their addresses (Gov. Code Sec.  
          6254(f)(3).).  However, where the crime committed is one on a  
          list of sex offenses (such as rape, unlawful sexual intercourse  
          with a minor, sodomy, lewd acts on a child) the law enforcement  
          agency may withhold the victim's name at the victim's request or  
          at the request of the victim's parent or guardian if the victim  
          is a minor.  This bill creates additional protections for  
          victims of human trafficking and their families, as specified.









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          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          According to the Senate Appropriations Committee:




           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 Penal Code  
            Section 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.   










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          *Trial Court Trust Fund




          SUPPORT:   (Verified8/19/16)


          Alameda County District Attorney
          Association of Orange County Deputy Sheriffs
          California Catholic Conference
          California Immigrant Policy Center
          California State Sheriffs' Association
          California Statewide Law Enforcement Association
          Crime Victims United of California
          Fraternal Order of Police
          Junior Leagues of California State Public Affairs Committee
          League of California Cities
          Long Beach Police Officers Association
          Los Angeles County Professional Peace Officers Association
          Peace Officers Research Association of California
          Planned Parenthood Affiliates of California
          Sacramento County Deputy Sheriffs' Association
          WestCoast Children's Clinic


          OPPOSITION:   (Verified8/19/16)


          Judicial Council of California


          ARGUMENTS IN SUPPORT:     In support, Planned Parenthood  
          Affiliates of California (PPAC) writes: 


            Traffickers use force, fraud, and mental and physical coercion  
            to compel victims to engage in commercial acts of sex or labor  
            services against their will. According to the National Human  
            Trafficking Resource Center, in California there were 912  
            human trafficking cases reported in 2014 and of those, 75  
            percent were sex trafficking cases.  [?].  PPAC supports  
            policies that will prevent human exploitation and that will  







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            protect the identity of those who fall victim to these crimes.

          ARGUMENTS IN OPPOSITION:  The Judicial Council of California was  
            in opposition to prior versions of this bill for the following  
            reasons:  

            The council has historically opposed calendar preferences  
            because courts are in the best position to prioritize cases  
            based on the unique fact and circumstances of each individual  
            case in the context of the other cases on the courts' dockets.  
             The council is concerned that statutory calendar preferences  
            mean that other cases, including cases that have statutorily  
            mandated calendar preferences mean that other cases, including  
            cases that have statutorily mandated calendar preferences,  
            such as juvenile cases, criminal cases, and civil cases in  
            which a party is at risk of dying, will take longer to decide.  
             Moreover, delays in the administration of justice that would  
            likely result from any expansion of calendar preferences would  
            be even more pronounced in light of the ongoing fiscal  
            limitations faced by the judicial branch.  Finally, the  
            council notes that courts are charged with dispensing equal  
            access to justice for each and every case on their dockets and  
            the calendar preference that would be established by AB 2498  
            would interfere with the ability of the courts to do so. 

          ASSEMBLY FLOOR:  76-0, 5/19/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chau, Chávez, Chiu, Chu, Cooley, Cooper,  
            Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines,  
            Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,  
            Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger  
            Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,  
            Levine, Linder, Lopez, Low, Maienschein, Mayes, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Wood, Rendon
          NO VOTE RECORDED:  Chang, Mathis, McCarty, Williams

          Prepared by:Nichole Rapier / JUD. / (916) 651-4113
          8/22/16 23:03:49









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