BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 2513 (Williams) - Human trafficking:  aggravating factors
          
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          |Version: June 21, 2016          |Policy Vote: PUB. S. 7 - 0      |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: August 1, 2016    |Consultant: Jolie Onodera       |
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          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  







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          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. 









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          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.  











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          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.




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