Bill Text: CA AB1888 | 2023-2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Justice: Labor Trafficking Unit.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2024-09-26 - Chaptered by Secretary of State - Chapter 614, Statutes of 2024. [AB1888 Detail]
Download: California-2023-AB1888-Introduced.html
Bill Title: Department of Justice: Labor Trafficking Unit.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2024-09-26 - Chaptered by Secretary of State - Chapter 614, Statutes of 2024. [AB1888 Detail]
Download: California-2023-AB1888-Introduced.html
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, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 1888, as introduced, Arambula.
Division of Labor Standards Enforcement: 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.
This bill would establish within the division the Labor Trafficking Unit, which would be required 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. 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 additionally require the unit to follow protocols to ensure survivors of labor trafficking are not further victimized by the process of reporting, investigating, or prosecuting labor traffickers and are informed of the services available to them. The bill would further authorize the unit to coordinate with state, tribal, and local agencies for specified purposes relating to the investigation of labor trafficking. The bill would require the Division of Occupational Safety and Health, 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 notify the unit
when, upon investigating businesses under their purview, there is evidence of labor trafficking. 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, including the number, types, and outcomes of complaints.
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 106.5 is added to the Labor Code, to read:106.5.
(a) There is hereby established within the Division of Labor Standards Enforcement the Labor Trafficking Unit, which shall coordinate with the Criminal Investigation Unit, the Labor Enforcement Task Force, the Department of Justice, including the Tax Recovery in the Underground Economy Criminal Enforcement Program investigative teams, the Employment Development Department, including the Joint Enforcement Strike Force on the Underground Economy, and the Civil Rights Department to combat labor trafficking.(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) 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) 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) The Division of Occupational Safety and Health, 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 notify the Labor Trafficking Unit when, upon investigating businesses under their purview, there is evidence of labor trafficking.
(h) 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.
(i) (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 of complaints referred to the Civil Rights Department.
(D) The number of complaints referred to the Department of Justice.
(E) The number of referrals and coordinations with state, local and tribal law enforcement agencies and district attorneys’ offices.
(F) The outcome of each complaint, regardless of the agency where the complaint was
resolved.
(G) Population data about confirmed labor trafficking victims correlated with the industry where the trafficking occurred.
(H) 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.
