Bill Text: CA AB1888 | 2023-2024 | Regular Session | Amended
Bill Title: Department of Justice: Labor Trafficking Unit.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2024-05-23 - In Senate. Read first time. To Com. on RLS. for assignment. [AB1888 Detail]
Download: California-2023-AB1888-Amended.html
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Amended
IN
Assembly
May 20, 2024 |
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Amended
IN
Assembly
March 04, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1888
| Introduced by Assembly Members Arambula and Ramos |
January 22, 2024 |
An act to add Section 106.5 to the Labor Code, 12530.5 to the Government Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 1888, as amended, Arambula.
Division of Labor Standards Enforcement: Department of Justice: Labor Trafficking Unit.
Existing law establishes within the Department of Industrial Relations the Division of Labor Standards Enforcement, headed by the Labor Commissioner, for the purposes of enforcing labor laws. the Attorney General as the head of the Department of Justice, with charge of all legal matters in which the state is interested, except as specified. Existing law requires the Attorney General, whenever they deem it advisable or necessary in the public interest, or when directed to do so by the Governor, to assist any district attorney in the discharge of the district attorney’s duties, and authorizes them to take full charge of any investigation or prosecution of violations of law, as specified.
This bill would establish within the division Department of Justice the Labor Trafficking Unit, which would be required to and would require the unit to be the centralized enforcement, referral, and investigative unit to combat labor trafficking and to coordinate with the Criminal Investigation Unit, the Labor Enforcement Task Force, the Department of Justice, the Employment Development Department,
other specified task forces, and the Civil Rights Department to combat labor trafficking.
Department. The bill would require the unit to receive, investigate, and process complaints alleging labor trafficking and take steps to prevent labor trafficking. The bill would authorize the
Department of Industrial Relations to impose a civil penalty for each violation of these provisions, as specified. The bill would also authorize the unit to refer labor trafficking violations to the Civil Rights Department. The bill would require the unit to coordinate with or refer criminal labor trafficking violations to the Department of Justice for potential criminal prosecutions.
The bill would require the Division of Occupational Safety and Health, members of the Labor Enforcement Task Force, members of the Tax Recovery in the Underground Economy Criminal Enforcement Program investigative teams, members of the Joint Enforcement Strike Force on the Underground Economy, and the Civil Rights Department to collaborate with the unit to develop policies, procedures, and protocols to track, record, and report potential labor trafficking activity. The bill would
require those entities to train their investigators who are most likely to encounter labor trafficking to recognize warning signs of potential labor trafficking and to report to the unit when, upon investigating businesses under their purview, there is evidence of labor trafficking. The bill would require the unit to develop a tracking and reporting system to collect reports from those entities on labor trafficking and would require the reports to be aggregated and analyzed to identify potential complaints to be further investigated or referred for investigation civil action or criminal prosecution, as specified, pursuant to the bill. The bill would also require the unit, beginning January 1, 2026, and until January 1, 2036, to annually submit a report to the Legislature with specified information relating to labor
trafficking complaints or referrals, including the number, types, and outcomes of complaints or referrals.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 12530.5 is added to the Government Code, to read:12530.5.
(a) There is hereby established within the(b) The unit shall receive, investigate, and process complaints alleging labor trafficking and take steps to prevent labor trafficking. In addition to any other remedies available, in exercising its authority under this section, the department may impose a civil penalty for each violation of this section in an amount not to exceed the fine amount specified in Section 236.1 of the Penal Code.
(c)Civil penalties collected pursuant to subdivision (b) shall be awarded to the person harmed. The department may recover costs and attorney’s fees incurred by the department.
(d)Notwithstanding the civil remedies in subdivision (b), the unit may refer labor trafficking violations to the Civil Rights Department.
(e)(1)The unit shall coordinate with or refer criminal labor trafficking violations to the Department of Justice for potential criminal prosecutions.
(2)
(c) The unit may coordinate with state and local law enforcement agencies, tribal law enforcement agencies, and district attorneys’ offices when investigating criminal actions relating to labor trafficking.
(f)
(d) The unit shall follow protocols to ensure that survivors are not further victimized by the process of reporting, investigating, or prosecuting labor traffickers and are informed of the services available to them. The unit may
coordinate with state, tribal, and local entities to connect survivors to available services.
(g)
(e) (1) The Division of Occupational Safety and Health, Members of the Labor Enforcement Task Force, members of the Tax Recovery in the Underground Economy Criminal Enforcement Program investigative teams, members of the Joint Enforcement Strike Force on the Underground Economy, and the Civil Rights Department
shall collaborate with the unit to develop policies, procedures, and protocols to track, record, and report potential labor trafficking activity.
(2) The entities identified in paragraph (1) shall train their investigators who are most likely to encounter labor trafficking to recognize warning signs of potential labor trafficking and shall report to the unit when, upon investigating businesses under their purview, there is evidence of labor trafficking.
(3) The unit shall develop a tracking and reporting system to collect labor trafficking
reports from the entities identified in paragraph (1) on labor trafficking. (1). These reports shall be aggregated and analyzed to identify potential complaints to be further investigated or referred for investigation to the appropriate federal, state, or local law enforcement agency, tribal law enforcement agency, or district attorney’s office for civil action or criminal prosecution pursuant to this section.
(h)
(f) For purposes of this section, the following definitions apply:
(1) “Forced labor or services” means labor or services that are performed or provided by a person and are obtained or maintained through force, fraud, duress, coercion, or equivalent conduct that would reasonably overbear the will of the person.
(2) “Labor trafficking” means depriving or violating the personal liberty of another person with the intent to obtain forced labor or services.
(3) “Unit” means the Labor Trafficking Unit established within the Division of Labor Standards Enforcement.
Department of Justice.
(i)
(g) (1) On or before January 1, 2026, and on or before January 1 every year thereafter, the unit shall submit a report to the Legislature that includes the following information pertaining to
the prior calendar year:
(A) The number and type of complaints or referrals received, including the source of any referrals.
(B) The number and type of complaints or referrals investigated, including, but not limited to, population data about those accused of labor trafficking.
(C) The number and type of reports pursuant to subdivision (g) (e) that were successfully converted into complaints.
(D) The number of complaints referred to the Civil Rights Department.
for civil action.
(E) The number of complaints referred to the Department of Justice. for criminal prosecution.
(F) The number of referrals and coordinations with state, local and tribal law enforcement agencies and district attorneys’ offices.
(G) The outcome of each complaint, regardless of the agency where the complaint was resolved.
(H) Population data about confirmed labor trafficking victims correlated with the industry where the trafficking
occurred.
(I) Information about labor trafficking victims who were referred for services correlated with the name of the agencies where the labor trafficking victim was referred for services.
(2) The unit shall also include in each annual report a discussion of the major challenges to addressing labor trafficking complaints, the ongoing efforts to address those challenges, and options to improve the state’s claim process, including preventing further victimization of survivors.
(3) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
(4) The requirement for submitting a report imposed under
this subdivision is inoperative on January 1, 2036.
