BILL ANALYSIS
SCR 76
Page 1
Date of Hearing: August 10, 2010
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
SCR 76 (Corbett) - As Introduced: February 19, 2010
PROPOSED CONSENT
SENATE VOTE : 34-0
SUBJECT : HUMAN TRAFFICKING AWARENESS
KEY ISSUE : SHOULD THE LEGISLATURE ENCOURAGE INCREASING
AWARENESS OF HUMAN TRAFFICKING AND SLAVERY, HUMAN RIGHTS
VIOLATIONS THAT ARE, UNFORTUNATELY, FAR TOO PREVALENT GLOBALLY
AND IN CALIFORNIA?
SYNOPSIS
This non-controversial resolution encourages members of the
Legislature, as well as organizations, businesses, and
individuals, to bring visibility and support to efforts to
recognize and combat human trafficking and slavery, and
encourages all Californians to become educated about human
trafficking and slavery, and work to eradicate these criminal
practices both within and outside of California. The author
believes that increased awareness of the very serious problem of
human trafficking will give California a better opportunity to
fight against these violations of human rights. This bill is
supported by the Center for Restorative Justice and Works and
the Coalition to Abolish Slavery and Trafficking, and has no
opposition.
SUMMARY : Seeks to encourage members of the Legislature, as well
as organizations, businesses, and individuals, to bring
visibility and support to efforts to recognize and combat human
trafficking and slavery. Specifically, this resolution :
1)Makes the following findings:
a) The Legislature recognizes the significant moral and
economic harm of forced labor and human trafficking to both
California and global citizens, and that ignoring this
problem is detrimental not only to those enslaved but to
society as a whole;
SCR 76
Page 2
b) California is a major point of entry and destination for
slave trafficking, due to the state's unique location,
economy, and population, and that combating slavery within
California will serve to improve conditions both
domestically and internationally;
c) By ignoring the problem of forced labor and human
trafficking within California, we deny its victims the hope
and promise of the American dream and our freedoms, and the
promise of California. Where that promise has been
contorted as a lure to ensnare the hopeful and force them
into slavery, it is fitting and proper to restore their
freedom and allow them a chance to succeed in the "Land of
the Free";
d) President Barack Obama proclaimed January 2010 as
National Slavery and Human Trafficking Prevention Month and
calls "upon the people of the United States to recognize
the vital role we can play in ending modern slavery" and
that fighting this scourge is a shared responsibility;
e) This battle is fought on many fronts by international,
federal, state, and local law enforcement, and by
prosecutors, government agencies, nongovernmental
organizations, private industry, and individuals; and
f) The Legislature recognizes that increased public
awareness will allow individual Californians more
opportunities to recognize and combat slavery.
2)Encourages members of the Legislature, as well as
organizations, businesses, and individuals, to host or sponsor
and attend community events in order to bring visibility and
support to these efforts to recognize and combat slavery.
3)Provides that the Legislature supports human trafficking
awareness events of nongovernmental organizations.
4)Encourages all Californians to become educated about human
trafficking and slavery, and work to eradicate these criminal
practices within and beyond our borders.
EXISTING LAW :
1)Establishes, under federal law, the crimes of kidnapping in
interstate or foreign commerce, peonage, slavery and
trafficking in persons, and provides for criminal and civil
penalties. (18 U.S.C. Secs. 1201, 1581-1595.)
SCR 76
Page 3
2)Provides, under the Victims of Trafficking and Violence
Protection Act of 2000, the crime of human trafficking, and
delineates various federal actions to combat trafficking,
punish perpetrators, and provide services to victims of
trafficking. (22 U.S.C. Sec. 7100 et seq.)
3)Makes human trafficking a crime under California law. (Penal
Code Section 236.1.)
4)Allows, under the California Trafficking Victims Protection
Act, a victim of human trafficking to bring a civil action for
actual damages, compensatory damages, punitive damages,
injunctive relief, or any other appropriate relief. (Civil
Code Section 52.5.)
FISCAL EFFECT : As currently in print this measure is keyed
non-fiscal.
COMMENTS : This non-controversial resolution encourages members
of the Legislature, as well as organizations, businesses, and
individuals, to bring visibility and support to efforts to
recognize and combat human trafficking and slavery, and
encourages all Californians to become educated about human
trafficking and slavery, and work to eradicate these criminal
practices both within and outside of California.
In support of the resolution, the author writes:
Although abolished almost 150 years ago, slavery
continues to exist in the modern day form of human
trafficking. Forced labor is no longer in the public
view, but instead hidden in the dark shadows of our
society. Modern day slavery occurs in the form
coercion for sexual exploitation, forced labor, or
both. The damages of forced labor extend beyond the
physical aspects and into the psychological realm,
resulting in severely damaging effects on its victims.
Human trafficking not only affects its victims, but
causes harm to the state's communities with its strong
link to other violent criminal activities.
California stands in a unique position to combat human
trafficking. The state's economic power and growing
SCR 76
Page 4
population, often used to lure people away from their
homeland, can instead be used to educate all of
California's citizens about this violation of human
rights.
SCR 76 would proclaim the Legislature's recognition of
the moral and economic harm that human trafficking has
on the State of California. Increased awareness of
the problem will give the state a better opportunity
to fight against these violations of human rights.
This resolution would encourage its Legislative
members, as well as individuals and organizations
throughout the community, to continue to host and
support events which work to increase public awareness
and human trafficking's impact on California.
Information on the Scourge of Human Trafficking : As shocking as
it is to note in the 21st century, human trafficking involves
the modern-day recruitment, transportation, or sale of people
for forced labor. Through violence, threats, and coercion,
these victims are forced to work in, among other things, the sex
trade, domestic labor, factories, hotels, and agriculture.
According to the January 2005 U.S. Department of State's Human
Smuggling and Trafficking Center report, "Fact Sheet:
Distinctions Between Human Smuggling and Human Trafficking,"
there are an estimated 600,000-800,000 men, women, and children
trafficked across international borders each year. Of these,
approximately 80% are women and girls, and perhaps most
disturbing of all, up to 50% of the victims of human trafficking
are children.
Human trafficking and forced labor have become alarmingly
prevalent with the rise of globalization. It is estimated that
nearly 12.3 million people - equal to nearly one-third of
California's total population - are working in some form of
forced labor worldwide. Trafficked individuals are moved from
one location to another, typically by coercion, deception, or
fraud, and find themselves subject to exploitation. Those who
ultimately arrive in forced labor conditions have not offered
themselves up for work voluntarily and are forced to work under
menace of penalty and injury.
The U.S. Department of State issued a comprehensive report on
human trafficking earlier this year which crystallized the
impact of human trafficking and slavery in consumers' everyday
SCR 76
Page 5
lives, and diagnosed strategies to combat the problem. The
report states: "With the majority of modern slaves in
agriculture and mining around the world - and forced labor
prevalent in cotton, chocolate, steel, rubber, tin, tungsten,
coltan, sugar, and seafood - it is impossible to get dressed,
drive to work, talk on the phone, or eat a meal without touching
products tainted by forced labor."
REGISTERED SUPPORT / OPPOSITION :
Support
Center for Restorative Justice and Works
Coalition to Abolish Slavery and Trafficking
Opposition
None on file
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334