AB 2274: Crimes: plea deals and diversion.

Existing law prohibits human trafficking, defined as, among other things, violating the personal liberty of another person with the intent to engage in specified sex offenses. Existing law prohibits pimping, defined as deriving support from the earnings of another persons prostitution, and pandering, defined as procuring another for purposes of prostitution or persuading someone to become a prostitute.

This bill would, in any prosecution for a violation of those crimes in which the victim was a minor, prohibit any plea agreement, nonprosecution agreement, immunity agreement, or other disposition from granting immunity to any person other than the defendant unless that person is specifically named in the written agreement, and the agreement is approved by the court after a hearing in which victims are given notice and an opportunity to be heard. The bill would additionally require any plea agreement or disposition for those crimes involving a minor to include at least 5 years in the state prison actually served, as specified, unless the court finds on the record, by clear and convincing evidence, that the disposition is required in the interests of justice due to extraordinary circumstances that outweigh the need to protect child victims and the public.

Existing law authorizes a court to grant pretrial diversion to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment. Existing law makes a defendant ineligible for this diversion program if the defendant is charged with specified offenses, including, among other offenses, any sex offense except indecent exposure.

This bill would make a defendant ineligible for pretrial diversion if the court determines that the facts alleged in the accusatory pleading or disclosed in the preliminary hearing transcript, police reports, or other evidence would constitute any of the offenses prohibited from receiving diversion, regardless of whether the prosecution formally charges or ultimately proceeds on those offenses.

By increasing duties on local prosecutors, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.