Bill Text: CA AB2202 | 2015-2016 | Regular Session | Introduced

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Bill Title: Human trafficking: vertical prosecution program.

Sponsorship: Bipartisan Bill

Status: (Failed) 2016-11-30 - From committee without further action. [AB2202 Detail]

Download: California-2015-AB2202-Introduced.html

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BILL NUMBER: AB 2202	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Baker
   (Principal coauthor: Assembly Member Cristina Garcia)
   (Coauthors: Assembly Members Ch�vez and Lackey)
   (Coauthor: Senator Glazer)

                        FEBRUARY 18, 2016

   An act to add and repeal Chapter 5.8 (commencing with Section
13849) to Title 6 of Part 4 of the Penal Code, relating to crime, and
making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2202, as introduced, Baker. Human trafficking: vertical
prosecution program.
   Existing law establishes the Office of Emergency Services, which
is required to, among other things, allocate and award funds to
communities developing and providing ongoing citizen involvement and
crime resistance programs.
   This bill would require the office, to the extent funds are
available for this purpose and until January 1, 2021, to allocate and
award funds to up to 11 district attorney offices that employ a
vertical prosecution methodology for the prosecution of human
trafficking crimes and that meet other specified criteria, including
minimum staffing levels for the program. The bill would require the
office, on or before January 1, 2019, to submit to the Legislature
and the Governor's Office a report that describes the counties that
received funding pursuant to this program, the number of prosecutions
for human trafficking cases filed by the counties receiving funding,
the number of human trafficking convictions obtained by those
counties, and the sentences imposed for human trafficking crimes in
those counties. The bill would also appropriate $2,600,000 from the
General Fund to the office for this program.
   Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 5.8 (commencing with Section 13849) is added to
Title 6 of Part 4 of the Penal Code, to read:
      CHAPTER 5.8.  HUMAN TRAFFICKING PREVENTION VERTICAL PROSECUTION
PROGRAM


   13849.  (a) There is hereby established in the Office of Emergency
Services a program of financial and technical assistance for county
district attorney offices for the prosecution of human trafficking
crimes.
   (b) The Director of Emergency Services shall, to the extent funds
are available for this purpose, allocate and award funds to up to 11
district attorney offices that apply for funding pursuant to this
chapter. Each county selected for funding shall meet all of the
following minimum requirements:
   (1) Employ a vertical prosecution methodology for human
trafficking crimes.
   (2) Require that a county selected for funding dedicate at least
one-half of the time of one deputy district attorney and one-half of
the time of one district attorney investigator solely to the
investigation and prosecution of human trafficking crime.
   (3) Provide the office with annual data on the number of human
trafficking cases filed by that county, the number of human
trafficking convictions obtained, and the sentences imposed for those
convicted of human trafficking in that county.
   (4) Enter into an agreement, either by contract or a memorandum of
understanding, with an advocacy agency funded by the office that
provides services, counseling, or both, to victims of human
trafficking in order to ensure that victims and witnesses of human
trafficking, as appropriate, receive services.
   (5) Funding received by district attorney offices pursuant to this
program shall be used to supplement, and not supplant, existing
financial resources.
   (c) The office shall select applications based upon a competitive
process and may establish selection criteria. At a minimum, an
applicant shall demonstrate the ability to comply with the criteria
in subdivision (b) and include an estimate of the number of potential
human trafficking crimes in that county.
   (d) (1) On or before January 1, 2019, the office shall submit to
the Legislature and the Governor's Office a report that describes the
counties that received funding pursuant to this program, the number
of prosecutions for human trafficking cases filed by the counties
receiving funding, the number of human trafficking convictions
obtained by those counties, and the sentences imposed for human
trafficking crimes in those counties.
   (2) The report required pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.
   (e) As used in this section, "human trafficking crimes" means any
violation of Section 236.1 or subdivision (m) of Section 647.
   (f) Not more than 10 percent of funds appropriated for this
program shall be retained by the office for administrative costs,
including technical assistance, training, and the cost of producing
the report required pursuant to subdivision (d).
   13849.1.  This chapter shall remain in effect only until January
1, 2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date.
  SEC. 2.  The sum of two million six hundred thousand dollars
($2,600,000) is hereby appropriated from the General Fund to the
Office of Emergency Services for the purpose of funding the Human
Trafficking Prevention Vertical Prosecution Program, as described in
Chapter 5.8 (commencing with Section 13849) of Title 6 of Part 4 of
the Penal Code.