BILL ANALYSIS Ó
AB 2513
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ASSEMBLY THIRD READING
AB
2513 (Williams)
As Introduced April 25, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |7-0 |Jones-Sawyer, | |
| | |Melendez, Lackey, | |
| | |Lopez, Low, Quirk, | |
| | |Santiago | |
| | | | |
| | | | |
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SUMMARY: Allows the court to consider for purposes of
determining the sentence on a human trafficking conviction that
the defendant recruited or enticed the victim from a shelter or
foster placement. Specifically, this bill:
1)States that the court may consider as an aggravating factor in
sentencing on a human trafficking offense that the defendant
recruited, enticed, or obtained the victim from a shelter or
placement that is designed to serve runaway youth, foster
children, homeless persons, or victims of human trafficking or
domestic violence.
2)Prohibits the aggravating factor from being considered unless
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it is admitted by the defendant or found to be true by the
trier of fact.
3)Makes technical, non-substantive, and conforming changes.
EXISTING LAW:
Provides that when a judgment of imprisonment is to be imposed
and the statute specifies three possible terms, the choice of
the appropriate term shall rest within the sound discretion of
the court.
1)Provides that when a sentencing enhancement specifies three
possible terms, the choice of the appropriate term shall rest
within the sound discretion of the court.
2)Provides that sentencing choices requiring a statement of a
reason include "[s]electing one of the three authorized prison
terms referred to in section [Penal Code Section] 1170(b) for
either an offense or an enhancement."
3)Requires the sentencing judge to consider relevant criteria
enumerated in the Rules of Court.
4)Provides that, in exercising discretion to select one of the
three authorized prison terms referred to in section Penal
Code Section 1170(b), "the sentencing judge may consider
circumstances in aggravation or mitigation, and any other
factor reasonably related to the sentencing decision. The
relevant circumstances may be obtained from the case record,
the probation officer's report, other reports and statements
properly received, statements in aggravation or mitigation,
and any evidence introduced at the sentencing hearing."
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5)Prohibits the sentencing court from using a fact charged and
found as an enhancement as a reason for imposing the upper
term unless the court exercises its discretion to strike the
punishment for the enhancement.
6)Prohibits the sentencing court from using a fact that is an
element of the crime to impose a greater term.
7)Enumerates circumstances in aggravation, relating both to the
crime and to the defendant, as specified.
8)Enumerates circumstances in mitigation, relating both to the
crime and to the defendant, as specified.
9)Provides that a person who deprives or violates the personal
liberties of another with the intent to obtain forced labor or
services is guilty of human trafficking and shall be punished
by a state prison term of five, eight, or 12 years.
10)Provides that any person who deprives or violates the
personal liberties of another with the intent to effect or
maintain a violation of specified sex offenses, is guilty of
human trafficking and shall be punished by a state prison term
of eight, 14, or 20 years.
11)Provides that any person who causes or persuades, or attempts
to cause or persuade, a minor to engage in a commercial sex
act, with the intent to effect a violation of specified sex
offenses is guilty of human trafficking and shall be punished
by a state prison term of five, eight, or 12 years, unless the
offense involves force, fear, fraud, deceit, coercion,
violence, duress, menace, or threat of unlawful injury to the
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victim or to another person, in which case the punishment is
15 years to life in state prison.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: According to the author, "AB 2513 amends Proposition
35, the Californians Against Sexual Exploitation (CASE) Act
initiative, to specify that when sentencing a criminal defendant
convicted of human trafficking, California judges have the
discretion to consider as an aggravating factor the fact that
the defendant recruited, enticed, or obtained the victim from a
shelter or placement that is designed to serve runaway youth,
foster children, homeless persons, or victims of human
trafficking or domestic violence. It is our responsibility as a
society to care for those who are defenseless and in need of
community support. Discouraging offenders from preying on the
easiest targets in our community is critical to protecting these
individuals from trafficking. Empowering our judges is one way
to discourage criminals from participating in acts of human
trafficking."
Analysis Prepared by:
Sandy Uribe/ PUB. S. / (916) 319-3744 FN:
0002778
AB 2513
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