BILL NUMBER: AB 988 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2009
AMENDED IN ASSEMBLY APRIL 2, 2009
INTRODUCED BY Assembly Member Brownley
FEBRUARY 27, 2009
An act to amend Section 52.5 of the Civil Code,
13519.14 of, and to add Section 13835.11 to ,
the Penal Code, relating to human trafficking.
LEGISLATIVE COUNSEL'S DIGEST
AB 988, as amended, Brownley. Human trafficking: civil actions:
training of caseworkers.
Existing law establishes the offense of human trafficking.
Existing law authorizes a victim of human trafficking to
bring a civil action for specified forms of relief. Existing law
requires that any civil action filed under these provisions be stayed
during the pendency of any criminal action arising out of the same
occurrence. Existing law requires the Commission on
Peace Officer Standards and Training to implement a course or courses
of instruction for the training of law enforcement officers in
California in the handling of human trafficking complaints and to
develop guidelines for law enforcement response to human trafficking,
as specified.
This bill would additionally require the commission, upon the next
regularly scheduled review of a training module relating to human
trafficking, to create and make available training content on the U
Visa, as specified.
This bill would require, instead, that a civil action filed under
the above provisions, at the request of the prosecuting or
investigating agency, be stayed until any criminal action arising out
of the same occurrence is no longer pending, or until the
prosecuting or investigating agency requests that the stay be lifted,
whichever occurs first.
Existing law requires the Director of Finance to designate an
agency or agencies to establish a statewide victim assistance
training program for specified purposes, including certifying
training programs.
This bill would require the agency designated by the Director of
Finance to certify the training program for human trafficking
caseworkers to be the same agency designated by the director to
certify the training program for sexual assault counselors. The bill
would require that agency to complete the certification of the
training program for human trafficking caseworkers on or before June
30, 2010.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13519.14 of the
Penal Code is amended to read:
13519.14. (a) (1) The commission shall
implement by January 1, 2007, a course or courses of instruction for
the training of law enforcement officers in California in the
handling of human trafficking complaints and also shall develop
guidelines for law enforcement response to human trafficking. The
course or courses of instruction and the guidelines shall stress the
dynamics and manifestations of human trafficking, identifying and
communicating with victims, providing documentation that satisfy the
law enforcement agency endorsement (LEA) required by federal law,
collaboration with federal law enforcement officials, therapeutically
appropriate investigative techniques, the availability of civil and
immigration remedies and community resources, and protection of the
victim. Where appropriate, the training presenters shall include
human trafficking experts with experience in the delivery of direct
services to victims of human trafficking. Completion of the course
may be satisfied by telecommunication, video training tape, or other
instruction.
(2) The commission shall, upon the next regularly scheduled review
of a training module relating to human trafficking, create and make
available training content on the U Visa as authorized by the Victims
of Trafficking and Violence Act. The training shall include how to
inform victims about the U Visa and how to apply for a U Visa. The
training regarding the U Visa shall include, but not be limited to,
an explanation that it is available to noncitizen crime victims who
have suffered substantial physical or mental abuse from criminal
activity, have information regarding criminal activity, and assist
government officials in the investigation or prosecution of that
criminal activity, if the criminal activity violated United States
law or occurred in the United States, including Indian country and
military installations, or in the territories and possessions of the
United States. The training content shall be designed for, and made
available to, peace officers employed by law enforcement agencies
that participate in, and comply with, training standards set forth by
the commission.
(b) As used in this section, "law enforcement officer" means any
officer or employee of a local police department or sheriff's office,
and any peace officer of the California Highway Patrol, as defined
by subdivision (a) of Section 830.2.
(c) The course of instruction, the learning and performance
objectives, the standards for the training, and the guidelines shall
be developed by the commission in consultation with appropriate
groups and individuals having an interest and expertise in the field
of human trafficking.
(d) The commission, in consultation with these groups and
individuals, shall review existing training programs to determine in
what ways human trafficking training may be included as a part of
ongoing programs.
(e) Participation in the course or courses specified in this
section by peace officers or the agencies employing them is
voluntary.
SECTION 1. Section 52.5 of the Civil Code is
amended to read:
52.5. (a) A victim of human trafficking, as defined in Section
236.1 of the Penal Code, may bring a civil action for actual damages,
compensatory damages, punitive damages, injunctive relief, any
combination of those, or any other appropriate relief. A prevailing
plaintiff may also be awarded attorney's fees and costs.
(b) In addition to the remedies specified herein, in any action
under subdivision (a), the plaintiff may be awarded up to three times
his or her actual damages or ten thousand dollars ($10,000),
whichever is greater. In addition, punitive damages may also be
awarded upon proof of the defendant's malice, oppression, fraud, or
duress in committing the act of human trafficking.
(c) An action brought pursuant to this section shall be commenced
within five years of the date on which the trafficking victim was
freed from the trafficking situation, or if the victim was a minor
when the act of human trafficking against the victim occurred, within
eight years after the date the plaintiff attains the age of
majority.
(d) If a person entitled to sue is under a disability at the time
the cause of action accrues, so that it is impossible or
impracticable for him or her to bring an action, then the time of the
disability is not part of the time limited for the commencement of
the action. Disability will toll the running of the statute of
limitation for this action.
(1) Disability includes being a minor, insanity, imprisonment, or
other incapacity or incompetence.
(2) The statute of limitations shall not run against an
incompetent or minor plaintiff simply because a guardian ad litem has
been appointed. A guardian ad litem's failure to bring a plaintiff's
action within the applicable limitation period will not prejudice
the plaintiff's right to do so after his or her disability ceases.
(3) A defendant is estopped to assert a defense of the statute of
limitations when the expiration of the statute is due to conduct by
the defendant inducing the plaintiff to delay the filing of the
action, or due to threats made by the defendant causing duress upon
the plaintiff.
(4) The suspension of the statute of limitations due to
disability, lack of knowledge, or estoppel applies to all other
related claims arising out of the trafficking situation.
(5) The running of the statute of limitations is postponed during
the pendency of any criminal proceedings against the victim.
(e) The running of the statute of limitations may be suspended
where a person entitled to sue could not have reasonably discovered
the cause of action due to circumstances resulting from the
trafficking situation, such as psychological trauma, cultural and
linguistic isolation, and the inability to access services.
(f) A prevailing plaintiff may also be awarded reasonable attorney'
s fees and litigation costs including, but not limited to, expert
witness fees and expenses as part of the costs.
(g) Any restitution paid by the defendant to the victim shall be
credited against any judgment, award, or settlement obtained pursuant
to this section. Any judgment, award, or settlement obtained
pursuant to an action under this section shall be subject to the
provisions of Section 13963 of the Government Code.
(h) Any civil action filed under this section shall, at the
request of the prosecuting or investigating agency, be stayed until
any criminal action arising out of the same occurrence in which the
claimant is the victim is no longer pending, or until the prosecuting
or investigating agency requests that the stay be lifted, whichever
occurs first. As used in this section, a "criminal action" includes
investigation and prosecution, and is pending until a final
adjudication in the trial court, or dismissal.
SEC. 2. Section 13835.11 is added to the Penal Code, to read:
13835.11. The agency designated by the Director of Finance
pursuant to Section 13820 to certify the training program for human
trafficking caseworkers, as defined in subdivision (b) of Section
1038.2 of the Evidence Code, shall be the same agency designated by
the Director of Finance to certify the training program for sexual
assault counselors, as defined in Section 1035.2 of the Evidence
Code. That agency shall complete the certification of the training
program for human trafficking caseworkers on or before June 30, 2010.