BILL NUMBER: SB 557	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 2, 2009

INTRODUCED BY   Senator Yee

                        FEBRUARY 27, 2009

   An act to add Section 236.3 to the Penal Code, relating to human
trafficking.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 557, as amended, Yee. Human trafficking: property: seizure.
   Existing law defines human trafficking as the deprivation or
violation of the personal liberty of another person with the intent
to commit certain specified sex offenses with the person or to obtain
forced labor or services, as specified.
   This bill would authorize the court to forfeit any personal
property of a person convicted of human trafficking that was used by
the person in the course of committing the crime, as specified. 
This bill would also specify the distribution of the property, or the
proceeds of the sale of that property, if any, as specified. 
   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 236.3 is added to the Penal Code, to read:
   236.3.   (a)    Upon conviction of a violation
of Section 236.1, the court may order any personal property of the
defendant used in the course of committing the violation forfeited,
pursuant to the procedures in  subdivisions (b), (c), (d), and
(f) of  Section 502.01. If real property is used, the procedures
 for  declaring the property to be a nuisance in Article 2
(commencing with Section 11225) of Chapter 3 of Title 1 of Part 4
shall apply. 
   (b) If the defendant is found to have the only valid interest in
the property subject to forfeiture, it shall be distributed as
follows:  
   (1) Fifty percent to the investigating, arresting, and prosecuting
agencies.  
   (2) Fifty percent to nonprofit organizations that serve victims of
human trafficking.  
   (c) If the property is to be sold, the court may designate the
prosecuting agency or any other agency to sell the property at
auction. The proceeds of the sale shall be distributed by the court
as follows:  
   (1) To each bona fide or innocent purchaser or encumbrancer, or
conditional sales vendor of the property up to the amount of his or
her interest in the property, if the court orders a distribution to
that person.  
   (2) The balance, if any, shall be distributed by the court, as
specified in paragraphs (1) and (2) of subdivision (b).