Bill Text: CA AB2020 | 2023-2024 | Regular Session | Amended
Bill Title: Survivors of Human Trafficking Support Act.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed) 2024-07-01 - In committee: Referred to suspense file. [AB2020 Detail]
Download: California-2023-AB2020-Amended.html
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Amended
IN
Senate
June 10, 2024 |
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Amended
IN
Assembly
May 16, 2024 |
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Amended
IN
Assembly
April 09, 2024 |
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Amended
IN
Assembly
April 01, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2020
| Introduced by Assembly Member Bonta (Coauthors: Assembly Members Bryan, Ortega, and Robert Rivas) |
January 31, 2024 |
An act to amend Section 13898 of the Penal Code, and to add Division 15 (commencing with Section 23020) to the Welfare and Institutions Code, relating to human trafficking.
LEGISLATIVE COUNSEL'S DIGEST
AB 2020, as amended, Bonta.
Survivors of Human Trafficking Support Act.
Under existing law, human trafficking is a crime and law enforcement officers who are assigned field and investigative duties are required to complete minimum training pertaining to the handling of human trafficking complaints. Existing law generally provides support services for individuals who are survivors of human trafficking, including public social services and address confidentiality, as specified.
Existing law authorizes each county to establish an interagency sexual assault response team. Existing law requires each county with a sexual assault response team to meet certain requirements.
This bill would require a county that has an interagency sexual assault response team to establish a survivor review board, for the purpose of soliciting, accepting, and reviewing feedback from survivors
regarding their experience with service providers, as specified. The bill would require this board to include certain members, including survivors of violence, and would require counties to compensate survivors of violence who are members of the board for their time in the same manner as members of other county boards who are required to be survivors of violence. The bill would require this board to meet at least once every two months to review feedback, develop recommendations in response to feedback, and to respond to any feedback in writing, as specified. The bill would prohibit information shared with this board from being shared with immigration officials.
Existing law establishes the Commission on Peace Officer Standards and Training to prescribe
selection and training standards for peace officers. Existing law requires the commission to develop training curriculum in specified areas and to develop model policies that may be used by local law enforcement agencies, including, model policies for investigations of missing persons, elder and dependent adult abuse, and hate crimes.
This bill would require the commission to, by no later than June 1, 2026, develop guidelines for interacting with survivors of human trafficking. The bill would require each law enforcement agency to, by no later than December 1, 2026, adopt a written policy for interacting with survivors of human trafficking based on the guidelines developed by the commission.
By requiring local agencies to adopt a new policy, 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 13898 of the Penal Code is amended to read:13898.
(a) Each county may establish and implement an interagency sexual assault response team (SART) program for the purpose of providing a forum for interagency cooperation and coordination, to assess and make recommendations for the improvement in the local sexual assault intervention system, and to facilitate improved communication and working relationships to effectively address the problem of sexual assault in California.(b) Each SART program shall be established and implemented pursuant to the provisions of this chapter and Chapter 1 (commencing with Section 23020) of Division 15 of the Welfare and Institutions Code.
SEC. 2.
Division 15 (commencing with Section 23020) is added to the Welfare and Institutions Code, to read:DIVISION 15. Survivors of Human Trafficking Support Act
CHAPTER 1. County Human Trafficking Survivor Boards
23020.
(a) Any county that has established an interagency sexual assault response team pursuant to Section 13898 of the Penal Code shall establish a survivor review board to review feedback from survivors regarding their experience.(b) (1) Members of the board established pursuant to this section shall include key all of the following:
(A) Key contributors to the interagency sexual assault response team and survivors of sexual assault.
(B) Survivors of violence who have lived experience as a consumer of social services, behavioral health services, and housing support services.
(C) Community providers and advocates with expertise in community-based violence intervention or response programs or initiatives with a public health approach.
(D) A representative of a law enforcement agency who has expertise in community-based policing.
(2) Counties shall compensate survivors of violence who are members of the board for their time in the same manner as members of other county boards who are required to be survivors of violence.
(c) The purpose of the board shall be to solicit, accept, and review feedback from survivors regarding their experience with service providers, including, without limitation, law enforcement, health care, and advocates. Feedback may be submitted in any form, may be submitted anonymously, and may be submitted by a service provider on behalf of a survivor.
(d) The board shall meet at least once every two months to review feedback that has been submitted. The board shall review all feedback to identify and respond to any of the following, without limitation:
(1) Policies and procedures resulting in positive outcomes.
impacts. Positive impacts may include, but are not limited to, quickly connecting a survivor with an individual who is able to connect the survivor to resources and services and providing survivors with prompt updates on their cases.
(2) Policies and procedures resulting in negative outcomes impacts and recommended changes to those policies and procedures. Negative impacts may include, but are not limited to, long delays or wait times for an individual to report a sexual assault to the appropriate law enforcement officer.
(3) Failures to follow policy or protocol by service providers requiring training or accountability.
(4) Commendable accomplishments of service providers deserving recognition.
(e) Information shared with the board shall not be shared with immigration officials.
(e)
(f) The board shall, within 30 days of reviewing feedback, respond in writing to any survivor submitting
feedback, unless that feedback was anonymously submitted.
The board’s response shall confirm receipt of the feedback and, to the extent possible, address the survivor’s concerns and feedback.
(f)
(g) (1) The board shall report recommendations regarding policies and procedures to the appropriate
agency heads or legislative
bodies. Legislature, the county board of supervisors, and, if the county has a department that focuses on public safety or violence prevention, other than the sheriff’s office, to that agency.
(2) A report to be submitted to the Legislature pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
CHAPTER 2. Law Enforcement Collaboration
23030.
By no later than December 1, 2026, each law enforcement agency shall establish and maintain a written policy regarding interactions with survivors of human trafficking based on the guidelines developed by the commission pursuant to Section 23034.23032.
(a) A policy established pursuant to this chapter(1) A requirement that an officer contacting a survivor of human trafficking inform them that they have the right to have an advocate present during any interviews with law enforcement and other subsequent examinations and proceedings.
(2) A requirement that the officer explain the benefits of being represented by an advocate, including, without limitation, confidentiality and
evidentiary privilege, emotional support, assistance in accessing resources, and assistance with understanding their legal rights.
(3) A requirement that, if the survivor requests an advocate, the officer contact the rape crisis center or another appropriate organization, such as an immigrant services organization, and arrange for an advocate to be present for any further interviews or examinations.
(4) A requirement that an officer obtain a waiver in writing if a survivor refuses an advocate, and inform them that they may revoke their waiver at any time and request an advocate.
(5) A requirement that the officer provide referrals to organizations
that provide services to survivors of human trafficking. trafficking, including, but not limited to, immigrant services organizations.
(6) A requirement that a law enforcement agency, in collaboration with community-based organizations, establish a process for referrals of human trafficking victims to the county social services department.
(7) A requirement that a law enforcement agency work with community-based organizations to provide referrals to services that are consistent with a survivor’s culture, sexual orientation, and gender identity.
(b) Each law enforcement agency shall also create a standardized written waiver of advocacy or may use the waiver developed by the commission pursuant to Section 23034.
23034.
(a) By no later than June 1, 2026, the Commission on Peace Officer Standards and Training shall develop and promulgate minimum guidelines for law enforcement personnel interactions with survivors of human trafficking. A law enforcement agency shall use these guidelines as a resource in creating the policy required under Section 23030 to establish procedures for law enforcement interactions with survivors of human trafficking.(b) The guidelines shall, without limitation, meet the requirements of a policy described in Section 23032.
(c) In developing the guidelines, the commission shall collaborate
with community-based both of the following:
(1) (A) Community-based organizations providing services to health care professionals and survivors of human trafficking.
(B) The organizations that the commission collaborates with pursuant to subparagraph (A) shall include organizations that have been providing services
for at least five years and that are well-established community-based organizations.
(2) Organizations with experience supporting survivors of labor trafficking, including, but not limited to, immigrant legal service providers.
(d) The commission shall also develop and promulgate a standardized written waiver of advocacy, as described in Section
23032.
23036.
As used in this chapter, the following terms are defined as follows:(a) “Commission” means the Commission on Peace Officer Standards and Training.
(b) “Law enforcement agency” means any department or agency of the state or any political subdivision thereof that employs any peace officer, as described in Section 830 of the Penal Code, and that provides uniformed general law enforcement services to the public. “Law enforcement agency” includes, without limitation, any municipal police department, county sheriff’s department, the California Highway Patrol, and the University of California and California State University
police departments.
