Bill Text: CA AB3059 | 2019-2020 | Regular Session | Introduced
Bill Title: Human trafficking: victim’s advocate.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-17 - In committee: Hearing postponed by committee. [AB3059 Detail]
Download: California-2019-AB3059-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 3059
| Introduced by Assembly Member Kalra |
February 21, 2020 |
An act to add Section 679.06 to the Penal Code, relating to human trafficking.
LEGISLATIVE COUNSEL'S DIGEST
AB 3059, as introduced, Kalra.
Human trafficking: victim’s advocate.
Existing law proscribes the crime of human trafficking. Existing law establishes procedures governing the admissibility of evidence in civil and criminal actions in this state and recognizes various evidentiary privileges, including a victim‑caseworker privilege, under which a human trafficking victim may refuse to disclose, or may prevent another from disclosing, a confidential communication made to a human trafficking caseworker, as defined.
Existing law also establishes the right of a victim of domestic violence or abuse, as defined, to have a domestic violence advocate and a support person of the victim’s choosing present at any interview by law enforcement authorities, prosecutors, or defense attorneys, except as specified. Existing law requires a domestic violence advocate to advise the victim of any applicable limitations on the
confidentiality of communications between the victim and the domestic violence advocate. Existing law requires the attending law enforcement authority or prosecutor to notify or advise the victim of certain rights, as specified.
This bill would establish the right of a victim of human trafficking, as defined, to have a human trafficking advocate and a support person of the victim’s choosing present at any interview by law enforcement authorities, prosecutors, or defense attorneys, and require the attending law enforcement authority or prosecutor to notify or advise, as specified, a victim of human trafficking in a manner similar to the notification or advice provided to victims of domestic violence. The bill would also require a human trafficking advocate to advise the victim of any applicable limitations on the confidentiality of communications between the victim and the human trafficking advocate prior to being present at any interview conducted by law enforcement
authorities, prosecutors, or defense attorneys. By imposing a higher level of service on local officers, the 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 679.06 is added to the Penal Code, to read:679.06.
(a) A victim of human trafficking, as described in Section 236.1 of this code or Section 1038.2 of the Evidence Code, has the right to have a human trafficking advocate and a support person of the victim’s choosing present at any interview by law enforcement authorities, prosecutors, or defense attorneys. However, the support person may be excluded from an interview by law enforcement or the prosecutor if the law enforcement authority or prosecutor determines that the presence of that individual would be detrimental to the purpose of the interview. As used in this section, “human trafficking advocate” means a person employed by a program described in Section 1038.2 of the Evidence Code. Prior to being present at any interview conducted by law enforcement authorities, prosecutors, or defense attorneys, a human trafficking advocate shall advise the victim of any applicable limitations on the confidentiality of communications between the victim and the human trafficking advocate.(b) (1) Prior to the commencement of the initial interview by law enforcement authorities or the prosecutor pertaining to any criminal action arising out of a human trafficking incident, a victim of human trafficking, as described in Section 236.1 of this code or Section 1038.2 of the Evidence Code, shall be notified orally or in writing by the attending law enforcement authority or prosecutor that the victim has the right to have a human trafficking advocate and a support person of the victim’s choosing present at the interview or contact. This subdivision applies to investigators and agents employed or retained by law enforcement or the prosecutor.
(2) At the time the victim is
advised of the victim’s rights pursuant to paragraph (1), the attending law enforcement authority or prosecutor shall also advise the victim of the right to have a human trafficking advocate and a support person present at any interview by the defense attorney or investigators or agents employed by the defense attorney.
(c) An initial investigation by law enforcement to determine whether a crime has been committed and the identity of the suspects does not constitute a law enforcement interview for purposes of this section.
