Bill Text: CA AB1010 | 2009-2010 | Regular Session | Amended

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Bill Title: Internet.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1010 Detail]

Download: California-2009-AB1010-Amended.html

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BILL NUMBER: AB 1010	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Galgiani

                        FEBRUARY 27, 2009

    An act to amend Section 236.1 of the Penal Code, relating
to human trafficking.   An act to add Section 22575.5
to the Business and Professions Code, relating to the Internet. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1010, as amended, Galgiani.  Human trafficking.
  Internet.  
   Existing law requires an operator of a commercial Internet Web
site or online service that collects personally identifiable
information through the Internet about individual consumers residing
in California who use or visit its commercial Internet Web site or
online service to conspicuously post its privacy policy on its
Internet Web site.  
   This bill would require an Internet company to remove visual
material that depicts the commission of a violent or serious felony,
as specified, upon the written or electronic request of the victim,
next of kin, member of the victim's immediate family, or a
representative designated by the victim or victim's immediate family.
 
   Existing law establishes the offense of human trafficking.
 
   This bill would make a technical, nonsubstantive change to those
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 22575.5 is added to the 
 Business and Professions Code   , to read:  
   22575.5.  (a) An Internet company shall remove visual material
that depicts the commission of a violent or serious felony, upon the
written or electronic request of the victim, next of kin, member of
the victim's immediate family, or a representative designated by the
victim or victim's immediate family.
   (b) Where a victim's representative is designated pursuant to this
section, the representative shall be designated by the victim, or in
cases where the victim is deceased or incapable of making a
designation because of physical or mental illness or infirmity, the
representative shall be designated by the victim's immediate family.
   (c) For purposes of this section, "violent or serious felony"
shall have the meaning set forth in Sections 667.5 and 1192.7 of the
Penal Code. For purposes of this section, "electronic request" means
electronic transmission by any means, from one physical location to
another.  
  SECTION 1.    Section 236.1 of the Penal Code is
amended to read:
   236.1.  (a) Every person who deprives or violates the personal
liberty of another with the intent to effect or maintain a felony
violation of Section 266, 266h, 266i, 267, 311.4, or 518, or to
obtain forced labor or services, is guilty of human trafficking.
   (b)  Except as provided in subdivision (c), a violation of this
section is punishable by imprisonment in the state prison for three,
four, or five years.
   (c) A violation of this section where the victim of the
trafficking was under 18 years of age at the time of the commission
of the offense is punishable by imprisonment in the state prison for
four, six, or eight years.
   (d) (1) For purposes of this section, unlawful deprivation or
violation of the personal liberty of another includes substantial and
sustained restriction of another's liberty accomplished through
fraud, deceit, coercion, violence, duress, menace, or threat of
unlawful injury to the victim or to another person, under
circumstances where the person receiving or apprehending the threat
reasonably believes that it is likely that the person making the
threat would carry it out.
   (2) Duress includes knowingly destroying, concealing, removing,
confiscating, or possessing any actual or purported passport or
immigration document of the victim.
   (e) For purposes of this section, "forced labor or services" means
labor or services that are performed or provided by a person and are
obtained or maintained through force, fraud, or coercion, or
equivalent conduct that would reasonably overbear the will of the
person.
   (f) The Legislature finds that the definition of human trafficking
in this section is equivalent to the federal definition of a severe
form of trafficking found in Section 7102(8) of Title 22 of the
United States Code.