BILL NUMBER: AB 90	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Swanson

                        JANUARY 6, 2011

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 90, as introduced, Swanson. Human trafficking: minors.
   Existing law provides that any person who deprives or violates the
personal liberty of another with the intent to effect or maintain
certain felonies, or to obtain forced labor or services, is guilty of
human trafficking.
   This bill would additionally provide that a person who deprives or
violates another person's liberty with the intent to effect or
maintain the felony of making available to another person a person
under 16 years of age for the purpose of any lewd or lascivious act,
or the felony of the procurement of minors in the preparation of
material depicting sexual conduct by a minor, is guilty of human
trafficking.
   This bill would also expand the scope of the offense of human
trafficking to provide that any person who causes, induces,
encourages, or persuades a person under 18 years of age to engage in
a commercial sex act, as defined, with the intent to effect or
maintain specified felonies, or who obtains forced labor or services
from a minor, is guilty of human trafficking.
   By expanding the scope of an existing crime, this bill 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 no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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   (1)    
Except as provided in paragraph (2), any  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,  266j,
 267,  311.3,  311.4, or 518, or to obtain forced
labor or services, is guilty of human trafficking. 
   (2) Any person who causes, induces, encourages, or persuades a
person under 18 years of age to engage in a commercial sex act with
the intent to effect or maintain a felony violation of Section 266,
266h, 266i, 266j, 267, 311.3, 311.4, or 518, or who obtains forced
labor or services from a minor, is guilty of human trafficking. 

   (3) For purposes of this section, "commercial sex act" means any
sexual conduct on account of which anything of value is given or
received by any person. 
   (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.
   (g)  (1)    In addition to the
penalty specified in subdivision (c), any person who commits human
trafficking involving a commercial sex act where the victim of the
human trafficking was under 18 years of age at the time of the
commission of the offense shall be punished by a fine of not more
than one hundred thousand dollars ($100,000). 
   (2) As used in this subdivision, "commercial sex act" means any
sexual conduct on account of which anything of value is given or
received by any person. 
   (h) Every fine imposed and collected pursuant to this section
shall be deposited in the Victim-Witness Assistance Fund to be
available for appropriation to fund services for victims of human
trafficking. At least 50 percent of the fines collected and deposited
pursuant to this section shall be granted to community-based
organizations that serve victims of human trafficking.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.