BILL NUMBER: AB 1278	CHAPTERED  08/04/08

	CHAPTER  258
	FILED WITH SECRETARY OF STATE  AUGUST 4, 2008
	APPROVED BY GOVERNOR  AUGUST 4, 2008
	PASSED THE SENATE  JULY 3, 2008
	PASSED THE ASSEMBLY  JULY 15, 2008
	AMENDED IN SENATE  JUNE 17, 2008
	AMENDED IN SENATE  MAY 23, 2008
	AMENDED IN SENATE  JULY 3, 2007
	AMENDED IN ASSEMBLY  JUNE 1, 2007
	AMENDED IN ASSEMBLY  MAY 2, 2007

INTRODUCED BY   Assembly Members Lieber, Ma, and Smyth
   (Principal coauthor: Senator Romero)

                        FEBRUARY 23, 2007

   An act to add Section 1670.7 to the Civil Code, and to add Section
784.8 to the Penal Code, relating to human trafficking.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1278, Lieber. 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 provides jurisdiction over certain crimes in more
than one territory if specified facts are shown.
   This bill would require a local prosecutor to present evidence to
the court, and would require the court to hold a hearing to consider,
whether a matter involving human trafficking in multiple
jurisdictions should proceed in the county of filing, or whether one
or more counts should be severed, as specified. Because this bill
would impose additional duties on local prosecutors, it 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 these
statutory provisions.


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 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 784.8 is added to the Penal Code, to read:
   784.8.  When charges alleging multiple violations of Section 236.1
that involve the same victim or victims in multiple territorial
jurisdictions are filed in one county pursuant to this section, the
court shall hold a hearing to consider whether the matter should
proceed in the county of filing, or whether one or more counts should
be severed. The district attorney filing the complaint shall present
evidence to the court that the district attorney in each county
where any of the charges could have been filed has agreed that the
matter should proceed in the county of filing. In determining whether
all counts in the complaint should be joined in one county for
prosecution, the court shall consider the location and complexity of
the likely evidence, where the majority of the offenses occurred, the
rights of the defendant and the people, and the convenience of, or
hardship to, the victim or victims and witnesses.
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.