BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2498


                                                                    Page  1


          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          2498 (Bonta)


          As Amended  August 19, 2016


          Majority vote


           -------------------------------------------------------------------- 
          |ASSEMBLY:  |76-0  |(May 19, 2016) |SENATE: |39-0  |(August 23,      |
          |           |      |               |        |      |2016)            |
          |           |      |               |        |      |                 |
          |           |      |               |        |      |                 |
           -------------------------------------------------------------------- 


          Original Committee Reference:  JUD.


          SUMMARY:  Protects the names, addresses, and images of victims  
          of human trafficking, and of their families, from public  
          disclosure.  Specifically, this bill:  


          1)Authorizes, at the request of a victim of human trafficking,  
            the withholding of the names and images of the victim or of  
            the victim's immediate family, as defined, from disclosure  
            under the California Public Records Act (CPRA) until the  
            investigation or any other subsequent prosecution is complete.  



          2)Prohibits a law enforcement agency from disclosing the names,  
            addresses, or images of a person who alleges to be a victim of  
            human trafficking, or of that alleged victim's immediate  
            family, unless the disclosure is made to specified persons or  
            agencies. 








                                                                    AB 2498


                                                                    Page  2




          3)Requires law enforcement to orally inform a person who alleges  
            to be a victim of human trafficking or his or her right to  
            have his or her name, addresses, or images, or those of his or  
            her immediate family members withheld and kept confidential. 


          4)Defines "sex offense," for purposes of the Penal Code (PC)  
            sections amended by this bill, to include human trafficking,  
            and makes conforming changes to clarify that a person who was  
            forced to commit acts of prostitution because he or she is a  
            victim of human trafficking is the victim of a sexual offense.  



          5)Authorizes the court, for good cause, to grant priority to an  
            action for an alleged violation of the prohibition against  
            human trafficking as the court, in its discretion, may  
            determine to be appropriate.


          The Senate amendments: 


          1)Make the authority with holding the names and images of the  
            victim or victim's family upon the request of the victim and  
            only until the investigation or any other subsequent  
            prosecution is complete. 


          2)Require law enforcement to orally inform a person who alleges  
            to be a victim of human trafficking or his or her right to  
            have his or her name, addresses, or images, or those of his or  
            her immediate family members withheld and kept confidential. 


          3)Eliminate a provision in the prior bill that would have  
            expanded the list of criminal actions that take precedence  
            over all other criminal actions in the order of trial to  
            include human trafficking, and instead authorize the court,  
            for good cause, to grant priority to an action for an alleged  








                                                                    AB 2498


                                                                    Page  3


            violation of the prohibition against human trafficking as the  
            court, in its discretion, may determine to be appropriate.


          4)Make clarifying and technical amendments. 


          EXISTING LAW:  


          1)Requires, under the California Public Records Act, state and  
            local agencies to make public records available for inspection  
            by the public, unless another provision of the CPRA or another  
            statute expressly exempts the records from the disclosure  
            requirement.  (Government Code Section 6250 et seq.)  


          2)Exempts from disclosure under the CPRA any records relating to  
            an investigation conducted by a state or local law  
            enforcement, agency or any investigatory or security files  
            complied by any other agency, for law enforcement or licensing  
            purposes.  Specifies, however, that law enforcement agencies  
            shall disclose the names and addresses of persons involved in  
            the incident, including information about the victim, unless  
            the disclosure would endanger the successful completion of the  
            investigation.  (Government Code Section 6254 (f).)


          3)Provides, notwithstanding any required disclosure in 2) above,  
            that the name of a victim of certain sexual crimes, including  
            a 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.  (Government Code Section  
            6254 (f)(2).) 


          4)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 made for  








                                                                    AB 2498


                                                                    Page  4


            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, shall remain  
            confidential.  (Government Code Section 6254 (f)(3).) 


          5)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.  Provides that if the victim makes  
            this request then the law enforcement agency shall not  
            disclose the name of a victim.  (Penal Code Section 293  
            (a)-(d).) 


          6)Provides that any victim of a sexual crime who has not elected  
            to exercise his or her right to keep her name confidential may  
            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 the protect the privacy of  
            the person and will not unduly prejudice the prosecution or  
            the defense.  (Penal Code Section 293.5.) 


          7)Gives certain criminal actions, especially those involving  
            sexual offenses, precedence over other criminal actions in the  
            order of the trail calendar.  (Penal Code Section 1048.) 


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee:


          1)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  








                                                                    AB 2498


                                                                    Page  5


            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 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.  
          2)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. 


          3)Court calendaring:  Potential minor ongoing workload impact to  
            add human trafficking to the list of types of criminal cases  
            provided a calendaring preference.   


          COMMENTS:  This bill amends provisions in both the California  
          Public Records Act (CPRA) and the Penal Code in order to better  
          shield the names, addresses, and images of human trafficking  
          victims (and of their families) from public disclosure.  This  
          bill does so by building upon victim confidentiality provisions  
          in existing law.  


          The CPRA makes all public records subject to public inspection  
          unless a specific provision of the CPRA or another statute  
          exempts the record from disclosure.  Records exempted under the  
          CPRA include those relating to a criminal investigation, where  
          the disclosure might endanger the success of the investigation.   
          However, this exemption also expressly states that certain  
          information about both the person arrested for the crime and the  
          victim of the crime must be disclosed under certain conditions  
          and to certain persons; most notably law enforcement agencies  
          are permitted under existing law to disclose information to  
          victims and their representatives, other law enforcement  
          agencies for specified purposes, and to persons requesting the  








                                                                    AB 2498


                                                                    Page  6


          information for scholarly, journalistic, political, or  
          governmental uses.  Existing restrictions on the ability of law  
          enforcement or other public agencies to disclose information  
          about victims is limited primarily to restrictions on disclosing  
          the names and addresses of minors and victims of certain  
          enumerated sex-related crimes.  These crimes include  
          prostitution, pimping, solicitation, and sexual assault, as well  
          as human trafficking.  


          Under this bill, the confidentiality protections for victims of  
          human trafficking would be greater than that afforded to victims  
          of sexual crimes under existing law.  For example, whereas  
          existing law protects the names and addresses of certain  
          sex-crime victims from public disclosure, this bill protects the  
          names, addresses, and images of victims from public disclosure.   
          In addition, this added protection applies not only to the  
          victim, but also to the names, addresses, and images of the  
          victim's family.  This bill would also require law enforcement  
          to orally inform a person who alleges that he or she is a victim  
          of human trafficking of his or her right to have names,  
          addresses, and images of the victim, and of the victim's family,  
          withheld and kept confidential. According to the author, these  
          added protections for victims of human trafficking are necessary  
          because of their precarious position and greater vulnerability  
          to retaliation against them (and their families) by the  
          perpetrators of human trafficking.  Finally, this bill would  
          authorize the court, for good cause, to grant priority to an  
          action for an alleged violation of the prohibition against human  
          trafficking as the court, in its discretion, may determine to be  
          appropriate.


          Analysis Prepared by:                                             
                          Thomas Clark / JUD. / (916) 319-2334  FN:  
          0004778














                                                                    AB 2498


                                                                    Page  7