Bill Text: CA SB35 | 2019-2020 | Regular Session | Amended


Bill Title: Human trafficking: California ACTS Task Force.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-02-14 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. [SB35 Detail]

Download: California-2019-SB35-Amended.html

Amended  IN  Senate  February 14, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 35


Introduced by Senator Chang

December 03, 2018


An act to add and repeal Title 6.7 (commencing with Section 13990) of Part 4 of the Penal Code, relating to human trafficking.


LEGISLATIVE COUNSEL'S DIGEST


SB 35, as amended, Chang. Human trafficking: California ACTS Task Force.
Existing law makes a person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services guilty of the crime of human trafficking and subject to imprisonment and a specified fine.
This bill would express the intent of the Legislature to establish a task force to combat human trafficking that would establish the California Alliance to Combat Trafficking and Slavery (California ACTS) Task Force to collect and organize data on the nature and prevalence of trafficking in persons in California and organize collaborative efforts between local and state governments and nongovernmental organizations for protecting victims of trafficking, among other, related duties. The task force would be chaired by a designee of the Attorney General, and would be comprised of state officials, law enforcement officers, and representatives of organizations providing various services to victims of human trafficking, as specified. The task force would be required to meet at least once every 2 months, and report specified findings and recommendations to the Office of Emergency Services and the Legislature by December 31, 2020, and March 31, 2021, and additional findings and recommendations to the Governor, the Attorney General, and the Legislature by July 1, 2021.
The bill would repeal these provisions on January 1, 2022.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Title 6.7 (commencing with Section 13990) is added to Part 4 of the Penal Code, to read:

TITLE 6.7. CALIFORNIA ALLIANCE TO COMBAT TRAFFICKING AND SLAVERY (CALIFORNIA ACTS) TASK FORCE

13990.
 (a) The California Alliance to Combat Trafficking and Slavery (California ACTS) Task Force is hereby established to do all of the following:
(1) Collect and organize data on the nature and extent of trafficking of persons in California, and prepare and deliver a report to the Office of Emergency Services and the Legislature by March 31, 2021, that details recommendations for all of the following:
(A) The cost of a prevalence study for the state of California that addresses types of trafficking, including both sex and labor trafficking, and the dynamics of who is being trafficked, including citizenship, gender, age, and additional characteristics as identified by the task force as essential to an understanding of the scope and severity of trafficking in persons in California.
(B) The best entity to conduct such a study for California.
(C) How often such a study should be conducted in California to best support early identification of human trafficking victims and prevent future human trafficking in California.
(2) Examine collaborative models between governmental and nongovernmental organizations for protecting victims of trafficking.
(3) Measure and evaluate the progress of the state in preventing trafficking, protecting and providing assistance to victims of trafficking, and prosecuting persons engaged in trafficking, and prepare and deliver a report to the Office of Emergency Services and the Legislature by December 31, 2020, that details recommendations for all of the following:
(A) The cost of a study evaluating the service providers funded by the Office of Emergency Services, and the cost to disseminate this information to all human trafficking service providers throughout California.
(B) How often such a study should be conducted in California to best serve trafficking victims.
(C) Recommendations to the Office of Emergency Services on standard outcomes and performance indicators to be tracked by the Office of Emergency Services to best evaluate the effectiveness of programs and services for human trafficking victims, as well as public education and outreach efforts funded by the Office of Emergency Services.
(4) Identify available federal, state, and local programs that provide services to victims of trafficking, including, but not limited to, healthcare, human services, housing, education, legal assistance, job training or preparation, interpreting services, English as a second language classes, voluntary repatriation, and victim’s compensation, and assess the need for additional services, including, but not limited to, shelter services for trafficking victims.
(5) Evaluate approaches to increase public awareness of trafficking.
(6) Analyze existing state criminal statutes for their adequacy in addressing trafficking, and, if the analysis determines that those statutes are inadequate, recommend revisions to those statutes or the enactment of new statutes that specifically define and address trafficking.
(7) Consult with governmental and nongovernmental organizations in developing recommendations to strengthen state and local efforts to prevent trafficking, protect and assist victims of trafficking, and prosecute traffickers, including specifically addressing the issues of human trafficking for forced criminality, particularly in the area of drugs, theft, and benefits fraud, in addition to sex trafficking for prostitution.
(b) The task force shall be chaired by a designee of the Attorney General. The Department of Justice shall provide staff and support for the task force, to the extent that resources are available.
(c) The task force shall be comprised of the following representatives or their designees:
(1) The Attorney General.
(2) The Secretary of Labor and Workforce Development.
(3) The Director of Social Services.
(4) The Director of Health Care Services.
(5) The Chair of the Judicial Council.
(6) The Chair of the Commission on the Status of Women and Girls.
(7) One representative of the California District Attorneys Association.
(8) One representative of the California Public Defenders Association.
(9) Two representatives of local law enforcement, one selected by the California State Sheriffs’ Association, and one selected by the California Police Chiefs Association.
(10) One representative of the California Coalition Against Sexual Assault, appointed by the Governor.
(11) One representative of the California Partnership to End Domestic Violence, appointed by the Governor.
(12) One university researcher, appointed by the Governor.
(13) One mental health professional, appointed by the Governor.
(14) The Speaker of the Assembly shall appoint one representative of an organization that provides services to the homeless in southern California, one representative that advocates for immigrant workers’ rights, and one representative of an organization that serves victims of human trafficking in southern California.
(15) The Senate Rules Committee shall appoint one representative of an organization that provides services to the homeless in northern California, one representative that provides legal immigration services to low-income individuals, and one representative of an organization that serves victims of human trafficking in northern California.
(16) The Governor shall appoint three survivors of human trafficking.
(17) The Governor shall appoint three representatives of human trafficking service providers that are currently funded under the Human Trafficking Victim Assistance (HV) Program through the Office of Emergency Services: one from an organization that serves victims of trafficking in northern California, one that serves victims of trafficking in central California, and one that serves victims of trafficking in southern California.
(d) Whenever possible, members of the task force shall have experience providing services to trafficked persons or have knowledge of human trafficking issues.
(e) The members of the task force shall serve at the pleasure of the respective appointing authority. Reimbursement of necessary expenses may be provided at the discretion of the respective appointing authority or agency participating in the task force.
(f) The task force shall meet at least once every two months. Subcommittees may be formed and meet as necessary. All meetings shall be open to the public. The first meeting of the reconvened task force shall be held no later than March 1, 2020.
(g) On or before July 1, 2021, the task force shall report its findings and recommendations to the Governor, the Attorney General, and the Legislature. At the request of any member, the report may include minority findings and recommendations.
(h) For the purposes of this section, “trafficking” means all acts involved in the recruitment, abduction, transport, harboring, transfer, sale, or receipt of persons, within national or across international borders, through force, coercion, fraud, or deception, to place persons in situations of slavery or slavery-like conditions, forced labor or services, including forced prostitution or sexual services, domestic servitude, bonded sweatshop labor, or other debt bondage.
(i) All reports to the Legislature made pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
(j) This title shall remain in effect only until January 1, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2022, deletes or extends that date.

SECTION 1.

It is the intent of the Legislature to establish a task force to combat human trafficking. To the extent feasible, the task force shall do all of the following:

(a)Collect and organize data on the nature and prevalence of trafficking in persons in California.

(b)Organize collaborative efforts between local and state governments and nongovernmental organizations for protecting victims of trafficking.

(c)Measure and evaluate the progress of the state in preventing trafficking, protecting and providing assistance to victims of trafficking, and prosecuting persons engaged in trafficking.

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