BILL NUMBER: AB 1278 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 3, 2007
AMENDED IN ASSEMBLY JUNE 1, 2007
AMENDED IN ASSEMBLY MAY 2, 2007
INTRODUCED BY Assembly Members Ma, Lieber, and Smyth
FEBRUARY 23, 2007
An act to add Section 1670.7 to the Civil Code, to amend Section
236.1 of, and to add Section 784.8 to, the Penal Code, relating to
human trafficking.
LEGISLATIVE COUNSEL'S DIGEST
AB 1278, as amended, Ma. Crimes.
Existing law provides that certain contract provisions are void as
against public policy.
This bill would provide that any provision of a contract that
purports to allow a deduction from a person's wages for the cost of
emigrating and transporting that person to the United
States would be void as against public policy.
Existing law defines the offense of human trafficking, including
certain factual elements that establish the offense. Existing law
provides that the offense of human trafficking is punishable by
imprisonment in the state prison for 3, 4, or 5 years.
This bill would expand the scope of the offense of human
trafficking to include causing, inducing, or persuading, or
attempting to cause, induce, or persuade, a minor under 18 years of
age to engage in a specified felony or obtaining forced labor or
services from the minor. The bill would also increase the penalty for
human trafficking to imprisonment in the state prison for 3, 4, or 6
years.
By expanding the scope of an existing crime, this bill would
impose a state-mandated local program.
Existing law provides jurisdiction over certain crimes in more
than one territory if specified facts are shown.
This bill would provide jurisdiction over human trafficking
offenses in multiple territories if it is shown the offenses were
part of a single scheme, as specified.
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 no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1670.7 is added to the Civil Code, to read:
1670.7. Any provision of a contract which
that purports to allow a deduction from a person's wages for
the cost of emigrating and transporting that person to the
United Sates is void as against public policy.
SEC. 2. Section 236.1 of the Penal Code is amended to read:
236.1. (a) (1) Any person who deprives or violates the personal
liberty of another with the intent to effect or maintain a felony
violation of Section 266, 266h, 266i, 267, 311.4, or 518, or to
obtain forced labor or services, is guilty of human trafficking.
(2) If the victim is under 18 years of age at the time of the
commission of the offense, any person who causes, induces, or
persuades, or attempts to cause, induce, or persuade, the victim to
engage in a commercial sex act as described in Section 266, 266h,
266i, 266j, 267, 311.4, or 518, subdivision (b) of Section 647, or
Section 653.22, or who obtains or attempts to obtain forced labor or
services from the victim, is guilty of human trafficking.
(b) Except as provided in subdivision (c), a violation of this
section is punishable by imprisonment in the state prison for three,
four, or six years.
(c) A violation of this section where the victim of the
trafficking was under 18 years of age at the time of the commission
of the offense is punishable by imprisonment in the state prison for
four, six, or eight years.
(d) (1) For purposes of this section, unlawful deprivation or
violation of the personal liberty of another includes substantial and
sustained restriction of another's liberty accomplished through
fraud, deceit, coercion, violence, duress, menace, or threat of
unlawful injury to the victim or to another person, under
circumstances where the person receiving or apprehending the threat
reasonably believes that it is likely that the person making the
threat would carry it out.
(2) Duress includes knowingly destroying, concealing, removing,
confiscating, or possessing any actual or purported passport or
immigration document of the victim.
(e) For purposes of this section, "forced labor or services" means
labor or services that are performed or provided by a person and are
obtained or maintained through force, fraud, or coercion, or
equivalent conduct that would reasonably overbear the will of the
person.
(f) The Legislature finds that the definition of human trafficking
in this section is equivalent to the federal definition of a severe
form of trafficking found in Section 7102(8) of Title 22 of the
United States Code.
SEC. 3. Section 784.8 is added to the Penal Code, to read:
784.8. When more than one violation of Section 236.1 occurs in
more than one jurisdictional territory, and the offenses are part of
a single scheme, the jurisdiction of any of those offenses is in any
jurisdiction where at least one of the offenses occurred.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.