(Sacramento, CA) Yesterday, Governor Jerry Brown signed Assembly Bill 1276, authored by Assembly Majority Whip, Miguel Santiago, to authorize young victims of human trafficking to testify in criminal proceedings against their perpetrators, via closed-circuit television.
“I am thrilled that the Governor signed AB 1276 to protect our most vulnerable youth,” said Assemblymember Miguel Santiago. “I am proud of this measure and its focus on young victims; proud that we are putting their health and safety first. The bill will encourage more minors who are victims to testify in court and enable more effective prosecution of these serious crimes in California,” continued the Assemblymember.
Current California law allows a minor, 13 years of age or younger, to provide testimony in another place, out of the presence of the judge, jury, attorneys, or defendant(s) via closed-circuit television if the court finds that the testimony will likely result in the recitation of specified crimes. Those crimes, which often result in severe mental trauma and emotional distress, include sexual assault, violent felonies, and other serious felony offenses. AB 1276 adds human trafficking as a qualifying crime and raises the age of these minors who may testify to that of 15.
The average age of entry into human trafficking for boys is between 11 and 13 years of age, and for girls, is 12 and 14 years of age. By the time minors who are victims of human trafficking testify in court, they are older than 13 years of age.
“I would like to commend the Governor for signing AB 1276 and thank Assemblymember Santiago for authoring this important legislation for victims of human trafficking,” said Alameda County District Attorney Nancy E. O’Malley.
“In California, startling numbers of children are forced into sex and labor trafficking each year. They can encounter rape, abuse, isolation, confinement, emotional, and physical and psychological trauma, so testifying in court can be particularly traumatic for these victims. AB 1276 changes all that by allowing victims of human trafficking who are 15 years of age or younger to testify by means of closed-circuit television, thereby protecting these minors from suffering additional trauma,” she said.
Stephanie Richard, the Policy & Legal Services Director for the Coalition to Abolish Slavery & Trafficking added that "CAST applauds Governor Brown for signing Assembly Bill 1276 into law, which will now provide important and much-needed protections for trafficked minors who testify against their traffickers, ensuring that these child-survivors are not victimized a second time."
“In recent decades, federal and state courts and lawmakers have recognized the importance in reducing the trauma experienced by minors who are victims of various crimes, leading courts to reject constitutional challenges in the use of live video testimony,” said Los Angeles County Sheriff, Jim McDonnell. “I appreciate the Governor’s and Assemblymember Miguel Santiago’s commitment to protecting minors from suffering unnecessary trauma.”
At least eight other states allow minors of 15 years of age or younger to testify in these cases via closed-circuit television, and a total of 21 states and U.S territories allow victims older than 13 years of age to also testify remotely.
AB 1276 will take effect on January 1, 2017.
Assemblymember Miguel Santiago is the Majority Whip of the California State Assembly and sits on the Assembly’s Public Safety Committee. He represents the 53rd District composed of the cities of Los Angeles, Huntington Park, and Vernon.