BILL NUMBER: AB 1002	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Fong and Ma

                        FEBRUARY 27, 2009

   An act to amend Section 236.1 of the Penal Code, relating to human
trafficking.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1002, as introduced, Fong. Human trafficking.
   Existing law establishes the offense of human trafficking.
   This bill would make a technical, nonsubstantive change to those
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 236.1 of the Penal Code is amended to read:
   236.1.  (a)  Any   Every  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.
   (b)  Except as provided in subdivision (c), a violation of this
section is punishable by imprisonment in the state prison for three,
four, or five 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.