CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1739

Introduced by Assembly Member Sanchez
(Coauthor: Assembly Member Davies)

February 17, 2023

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


LEGISLATIVE COUNSEL'S DIGEST


AB 1739, as introduced, Sanchez. 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, 2028, 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, 2026, 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 be operative only to the extent that funding is provided in the annual Budget Act or another statute for the purposes of the bill.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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) (1) 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:
(A) Employ a vertical prosecution methodology for human trafficking crimes.
(B) Comply with all guidelines issued by the Office of Emergency Services for grant recipients.
(C) 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 crimes.
(D) 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.
(E) 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.
(F) Consult with other grant recipients to discuss and exchange best practices.
(2) 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, 2026, 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 a violation of Section 236.1 or subdivision (l) 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 be operative only to the extent that funding is provided, by express reference, in the annual Budget Act or another statute for the purposes of this chapter.

13849.2.
  This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed.