BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 2513 (Williams) - Human trafficking: aggravating factors ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: June 21, 2016 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 1, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 2513 would impose a sentence enhancement of one year in state prison for a human trafficking conviction in which the defendant recruited or enticed the victim from a shelter or placement designed to serve runaway youth, foster children, homeless persons, or victims of human trafficking or domestic violence. Fiscal Impact: Potentially significant increase in state costs (General Fund) for longer state prison sentences for human trafficking convictions. The CDCR indicates 92 commitments to state prison under the human trafficking statutes in 2015. While the number of annual commitments potentially subject to the sentence enhancement is unknown, for every 10 percent of annual commitments meeting the specified criteria, increased state costs of about $270,000 (General Fund) could be incurred. Background: Existing law, as amended by the Californians Against Sexual Exploitation (CASE) Act, an initiative measure enacted by the AB 2513 (Williams) Page 1 of ? approval of Proposition 35 at the November 6, 2012, statewide general election, proscribes the crime of human trafficking. Under existing law, a person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, is guilty of human trafficking, which is punishable by imprisonment in the state prison for 5, 8, or 12 years and a fine of not more than $500,000. (PC § 236.1 (a).) Under existing law, person who deprives or violates the personal liberty of another to effect or maintain a violation of various felony or misdemeanor offenses, including offenses relating to prostitution, child pornography, as specified, or extortion, as defined, is guilty of human trafficking and shall be punished by imprisonment in the state prison for 8, 14, or 20 years and a fine of not more than $500,000. (PC § 236.1 (b).) Under existing law, a person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to effect or maintain a violation of various offenses is guilty of human trafficking and is punishable by imprisonment in the state prison as follows: Five, 8, or 12 years and a fine of not more than $500,000. Fifteen years to life and a fine of not more than $500,000 when the offense involves force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person. (PC § 236.1 (c).) Proposed Law: This bill would impose a sentence enhancement of one year in state prison for a human trafficking conviction in which the defendant recruited or enticed the victim from a shelter or placement designed to serve runaway youth, foster children, homeless persons, or victims of human trafficking or domestic violence. This bill would provide that the enhancement shall only be imposed if it is admitted by the defendant or found to be true by the trier of fact. This bill would be make additional technical, conforming changes. AB 2513 (Williams) Page 2 of ? Related Legislation: AB 2327 (Cooley) 2016 would expand the crime of contacting or communicating with a minor, with the intent to commit specified sexual offenses involving the minor, to include attempting to contact or communicate with a minor with the intent to commit human trafficking. This bill is scheduled to be heard today by this Committee. Prior Legislation: SB 473 (Block) 2014 would have added human trafficking to the list of offenses that may be used to establish a pattern of criminal activity for the purpose of enhancing the sentence of any person who commits a crime for the benefit of a criminal street gang. This bill was vetoed by the Governor with the following message: I am returning Senate Bill 473 without my signature. Under current law, human trafficking convictions impose substantial punishment, up to 20 years for sex trafficking offenses and 15 years-to-life for certain crimes involving children. These sentences are more than three times the punishment that existed two years ago. SB 473 would add yet another set of enhancements, the third in nine years. No evidence has been presented to support these new penalties Today I have signed AB 1610, AB 1791, SB 955 and SB 1388, bills that will solidly enhance enforcement of human trafficking laws through use of wiretap, ensuring the availability of a victim's testimony at trial and strengthening penalties for certain human trafficking crimes involving minors. Proposition 35, of the November 2012 election, also known as the "Californians Against Sexual Exploitation (CASE) Act," among its numerous provisions, increased penalties for human trafficking offenses, required convicted sex traffickers to register as sex offenders, mandated law enforcement training on human trafficking, and required criminal fines from convicted human traffickers to pay for services to help victims. AB 2513 (Williams) Page 3 of ? Staff Comments: By establishing a one-year sentence enhancement to be served in state prison for the offense of human trafficking under specified circumstances, this bill could result in additional state incarceration costs for longer sentences to be served in state prison. The increase to state incarceration costs would be dependent on the number of human trafficking convictions meeting the specified provisions of this measure, which is unknown. Additionally, the costs for the sentence enhancements imposed on defendants would be incurred at the conclusion of the primary sentences being served, which would vary. Commitment data from CDCR reflects 92 commitments to state prison in 2015 under the human trafficking statutes specified in this measure. While the number of annual commitments potentially subject to the sentence enhancement is unknown, for every 10 percent of annual commitments meeting the specified criteria, increased state costs of about $270,000 (General Fund) could be incurred. The U.S. Supreme Court ordered the CDCR to reduce the prison population to 137.5 percent of the prison system's design capacity by February 28, 2016. Although public safety realignment has achieved significant reductions in the prison population, and the 2016-17 Governor's Budget projects meeting the population cap in the near-term, the analysis by the Legislative Analyst's Office suggests that CDCR's long-term prison caseload will likely exceed this cap. Because California's institutions are projected to exceed the population limit, any near-term and future increases to the state's prison population would likely require the state to pursue one of several options including contracting-out for additional bed space or releasing current inmates early onto parole. Both alternatives would result in additional state costs. -- END -- AB 2513 (Williams) Page 4 of ?