BILL ANALYSIS
AB 1002
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Date of Hearing: May 13, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 1002 (Fong) - As Amended: April 23, 2009
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill creates the Human Trafficking Trust Fund, and provides
that forfeiture proceeds from human trafficking, rather than
being deposited into the state or local general fund, be
deposited into that fund for funding services, upon legislative
appropriation, for human trafficking victims (90%) and for
providing related training to law enforcement and prosecutorial
personnel (10%).
FISCAL EFFECT
Prospective redirection of state and local General Fund revenues
to the Human Trafficking Trust Fund. To date it does not appear
that any human trafficking asset forfeiture funds have been
realized, but this bill, in the event of such revenue would
redirect these funds from the state or local general fund,
depending on whether the state or the local government
prosecuted the case, to the Human Trafficking Fund.
COMMENTS
1)Rationale. The author contends the best use of any human
trafficking asset forfeiture proceeds is to provide aid to
victims.
According to the author, "AB 1002 will ensure that victims of
human trafficking will have access to immediate services once
they are freed from captivity. In its final report in October
2007, the California Alliance to Combat Trafficking and
Slavery Task Force recommended the need for the Legislature to
identify potential funding sources to fund non-governmental
AB 1002
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victim service organizations. AB 1002 will establish that the
proceeds from property forfeited from those convicted of human
trafficking will go directly to the human trafficking fund for
the purpose of assisting these victims. Also, some proceeds
will be appropriated to law enforcement agencies and
prosecutors to combat this crime."
2)Under current law, proceeds of criminal asset forfeiture ,
after lawful debts are paid, are deposited into the state or
local general fund of whichever entity prosecuted the case.
Exceptions include child pornography cases, in which proceeds
support the State Children's Trust Fund for child abuse
prevention efforts, and the beverage container recycling
program offenses, which redirects a portion of forfeiture
proceeds for resources programs.
3)Support . The Coalition to Abolish Slavery and Trafficking
(CAST), the sponsor of this bill, cites the need to fund
direct and immediate services for trafficking victims. "To
date, most human trafficking prosecutions have occurred at the
Federal level so currently there are not monies from state or
locally prosecuted cases. However, we would like to have the
Fund set up in advance of increases in state and local
prosecutions. CAST and other organizations are working
cooperatively with law enforcement and others to increase the
awareness and the prosecution of these heinous crimes using
California agencies in addition to Federal agencies. AB 1002
will have the Fund in place for when those cases occur."
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081