Bill Text: CA AB2020 | 2023-2024 | Regular Session | Enrolled
Bill Title: Survivors of Human Trafficking Support Act.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Enrolled) 2024-09-12 - Enrolled and presented to the Governor at 4 p.m. [AB2020 Detail]
Download: California-2023-AB2020-Enrolled.html
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Enrolled
September 05, 2024 |
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Passed
IN
Senate
August 30, 2024 |
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Passed
IN
Assembly
August 31, 2024 |
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Amended
IN
Senate
August 15, 2024 |
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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) (Coauthor: Senator Ashby) |
January 31, 2024 |
An act to add Division 15 (commencing with Section 23020) to the Welfare and Institutions Code, relating to human trafficking.
LEGISLATIVE COUNSEL'S DIGEST
AB 2020, 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 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.
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. Law Enforcement Collaboration
23020.
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 23024.23022.
(a) A policy established pursuant to this chapter shall, without limitation, include all of the following:(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, 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 23024.
23024.
(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 23020 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 23022.
(c) (1) In developing the guidelines, the commission shall collaborate with appropriate groups and individuals having an
interest and expertise in human trafficking. This shall include, but is not limited to, all of the following:
(A) Community-based organizations providing services to survivors of human trafficking.
(B) Organizations with experience supporting survivors of labor trafficking, including, but not limited to, immigrant legal service providers.
(C) Human trafficking victim service organizations, as defined in subdivision (d) of Section 1038.2 of the Evidence Code, and domestic violence victim service organizations, as defined in subdivision (b) of Section 1037.1 of the Evidence Code, and rape crisis centers, as used in Section 13837 of the Penal Code.
(2) When collaborating with organizations pursuant to paragraph (1), the commission shall prioritize
organizations that have been providing services for at least five years.
(d) The commission shall also develop and promulgate a standardized written waiver of advocacy, as described in Section 23022.
23026.
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.
