BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2498| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 2498 Page 2 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 AB 2498 Page 3 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 AB 2498 Page 4 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 AB 2498 Page 5 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. AB 2498 Page 6 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. AB 2498 Page 7 *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 AB 2498 Page 8 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 AB 2498 Page 9 **** END ****