BILL NUMBER: AB 90	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 27, 2011
	AMENDED IN ASSEMBLY  APRIL 4, 2011

INTRODUCED BY   Assembly Member Swanson
   (Coauthors: Assembly Members Blumenfield, Dickinson, Gorell,
Halderman, Jeffries,  Ma,  and Portantino)
    (   Coauthors:   Senators   Fuller
  and Lieu   ) 

                        JANUARY 6, 2011

    An act to amend Section 236.1 of the Penal Code, relating
to human trafficking.   An act to amend Sections 186.2
and 186.8 of the Penal Code, relating to human trafficking. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 90, as amended, Swanson. Human trafficking: minors. 
   Existing law, the California Control of Profits of Organized Crime
Act, provides the procedure for the forfeiture of property and
proceeds acquired through a pattern of criminal profiteering
activity, as specified, and requires the prosecution to file a
petition for forfeiture in conjunction with certain criminal charges.
Under existing law, criminal profiteering activity is defined to
include specified crimes, including human trafficking.  
   This bill would include within the definition of criminal
profiteering activity any crime in which the perpetrator induces,
encourages, or persuades, or causes through force, fear, coercion,
deceit, violence, duress, menace, or threat of unlawful injury to the
victim or to another person, a person under 18 years of age to
engage in a commercial sex act.  
   Under existing law, in any case involving human trafficking of
minors for purposes of prostitution or lewd conduct, or in any case
involving abduction or procurement by fraudulent inducement for
prostitution, in lieu of the distribution procedure described above,
the proceeds shall be deposited in the Victim-Witness Assistance Fund
to be available for appropriation to fund child sexual exploitation
and child sexual abuse victim counseling centers and prevention
programs.  
   This bill would include the proceeds from any case in which the
perpetrator induces, encourages, or persuades, or causes through
force, fear, coercion, deceit, violence, duress, menace, or threat of
unlawful injury to the victim or to another person, a person under
18 years of age to engage in a commercial sex act, to be deposited in
the Victim-Witness Assistance Fund to be available for appropriation
to fund child sexual exploitation and child sexual abuse victim
counseling centers and prevention programs.  
   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 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 186.2 of the   Penal
Code   is amended to read: 
   186.2.  For purposes of this chapter, the following definitions
apply:
   (a) "Criminal profiteering activity" means any act committed or
attempted or any threat made for financial gain or advantage, which
act or threat may be charged as a crime under any of the following
sections:
   (1) Arson, as defined in Section 451.
   (2) Bribery, as defined in Sections 67, 67.5, and 68.
   (3) Child pornography or exploitation, as defined in subdivision
(b) of Section 311.2, or Section 311.3 or 311.4, which may be
prosecuted as a felony.
   (4) Felonious assault, as defined in Section 245.
   (5) Embezzlement, as defined in Sections 424 and 503.
   (6) Extortion, as defined in Section 518.
   (7) Forgery, as defined in Section 470.
   (8) Gambling, as defined in Sections 337a to 337f, inclusive, and
Section 337i, except the activities of a person who participates
solely as an individual bettor.
   (9) Kidnapping, as defined in Section 207.
   (10) Mayhem, as defined in Section 203.
   (11) Murder, as defined in Section 187.
   (12) Pimping and pandering, as defined in Section 266.
   (13) Receiving stolen property, as defined in Section 496.
   (14) Robbery, as defined in Section 211.
   (15) Solicitation of crimes, as defined in Section 653f.
   (16) Grand theft, as defined in Section 487.
   (17) Trafficking in controlled substances, as defined in Sections
11351, 11352, and 11353 of the Health and Safety Code.
   (18) Violation of the laws governing corporate securities, as
defined in Section 25541 of the Corporations Code.
   (19) Any of the offenses contained in Chapter 7.5 (commencing with
Section 311) of Title 9, relating to obscene matter, or in Chapter
7.6 (commencing with Section 313) of Title 9, relating to harmful
matter that may be prosecuted as a felony.
   (20) Presentation of a false or fraudulent claim, as defined in
Section 550.
   (21) False or fraudulent activities, schemes, or artifices, as
described in Section 14107 of the Welfare and Institutions Code.
   (22) Money laundering, as defined in Section 186.10.
   (23) Offenses relating to the counterfeit of a registered mark, as
specified in Section 350.
   (24) Offenses relating to the unauthorized access to computers,
computer systems, and computer data, as specified in Section 502.
   (25) Conspiracy to commit any of the crimes listed above, as
defined in Section 182.
   (26) Subdivision (a) of Section 186.22, or a felony subject to
enhancement as specified in subdivision (b) of Section 186.22.
   (27) Any offenses related to fraud or theft against the state's
beverage container recycling program, including, but not limited to,
those offenses specified in this subdivision and those criminal
offenses specified in the California Beverage Container Recycling and
Litter Reduction Act, commencing at Section 14500 of the Public
Resources Code.
   (28) Human trafficking, as defined in Section 236.1. 
   (29) Any crime in which the perpetrator induces, encourages, or
persuades a person under 18 years of age to engage in a commercial
sex act. For purposes of this paragraph, a commercial sex act means
any sexual conduct in which anything of value is given or received by
any person, as defined in Section 236.1.  
   (30) Any crime in which the perpetrator, through force, fear,
coercion, deceit, violence, duress, menace, or threat of unlawful
injury to the victim or to another person, causes a person under 18
years of age to engage in a commercial sex act. For purposes of this
paragraph, a commercial sex act means any sexual conduct in which
anything of value is given or received by any person, as defined in
Section 236.1.  
   (29) 
    (31)  Theft of personal identifying information, as
defined in Section 530.5. 
   (30) 
    (32)  Offenses involving the theft of a motor vehicle,
as specified in Section 10851 of the Vehicle Code. 
   (31) 
    (33)  Abduction or procurement by fraudulent inducement
for prostitution, as defined in Section 266a.
   (b) (1) "Pattern of criminal profiteering activity" means engaging
in at least two incidents of criminal profiteering, as defined by
this chapter, that meet the following requirements:
   (A) Have the same or a similar purpose, result, principals,
victims, or methods of commission, or are otherwise interrelated by
distinguishing characteristics.
   (B) Are not isolated events.
   (C) Were committed as a criminal activity of organized crime.
   (2) Acts that would constitute a "pattern of criminal profiteering
activity" may not be used by a prosecuting agency to seek the
remedies provided by this chapter unless the underlying offense
occurred after the effective date of this chapter and the prior act
occurred within 10 years, excluding any period of imprisonment, of
the commission of the underlying offense. A prior act may not be used
by a prosecuting agency to seek remedies provided by this chapter if
a prosecution for that act resulted in an acquittal.
   (c) "Prosecuting agency" means the Attorney General or the
district attorney of any county.
   (d) "Organized crime" means crime that is of a conspiratorial
nature and that is either of an organized nature and seeks to supply
illegal goods and services such as narcotics, prostitution,
loan-sharking, gambling, and pornography, or that, through planning
and coordination of individual efforts, seeks to conduct the illegal
activities of arson for profit, hijacking, insurance fraud,
smuggling, operating vehicle theft rings, fraud against the beverage
container recycling program, or systematically encumbering the assets
of a business for the purpose of defrauding creditors. "Organized
crime" also means crime committed by a criminal street gang, as
defined in subdivision (f) of Section 186.22. "Organized crime" also
means false or fraudulent activities, schemes, or artifices, as
described in Section 14107 of the Welfare and Institutions Code, and
the theft of personal identifying information, as defined in Section
530.5.
   (e) "Underlying offense" means an offense enumerated in
subdivision (a) for which the defendant is being prosecuted.
   SEC. 2.    Section 186.8 of the   Penal Code
  is amended to read: 
   186.8.  Notwithstanding that no response or claim has been filed
pursuant to Section 186.5, in all cases where property is forfeited
pursuant to this chapter and, if necessary, sold by the Department of
General Services or local governmental entity, the money forfeited
or the proceeds of sale shall be distributed by the state or local
governmental entity as follows:
   (a) To the bona fide or innocent purchaser, conditional sales
vendor, or holder of a valid lien, mortgage, or security interest, if
any, up to the amount of his or her interest in the property or
proceeds, when the court declaring the forfeiture orders a
distribution to that person. The court shall endeavor to discover all
those lienholders and protect their interests and may, at its
discretion, order the proceeds placed in escrow for up to an
additional 60 days to ensure that all valid claims are received and
processed.
   (b) To the Department of General Services or local governmental
entity for all expenditures made or incurred by it in connection with
the sale of the property, including expenditures for any necessary
repairs, storage, or transportation of any property seized under this
chapter.
   (c) To the general fund of the state or local governmental entity,
whichever prosecutes.
   (d) In any case involving a violation of subdivision (b) of
Section 311.2, or Section 311.3 or 311.4, in lieu of the distribution
of the proceeds provided for by subdivisions (b) and (c), the
proceeds shall be deposited in the county children's trust fund,
established pursuant to Section 18966 of the Welfare and Institutions
Code, of the county that filed the petition of forfeiture. If the
county does not have a children's trust fund, the funds shall be
deposited in the State Children's Trust Fund, established pursuant to
Section 18969 of the Welfare and Institutions Code.
   (e) In any case involving crimes against the state beverage
container recycling program, in lieu of the distribution of proceeds
provided in subdivision (c), the proceeds shall be deposited in the
penalty account established pursuant to subdivision (d) of Section
14580 of the Public Resources Code, except that a portion of the
proceeds equivalent to the cost of prosecution in the case shall be
distributed to the local prosecuting entity that filed the petition
of forfeiture.
   (f) In any case involving human trafficking of minors for purposes
of prostitution or lewd conduct,  or  in any case
involving a violation of Section 266a in which the victim is a minor,
 or in any case described in paragraph (29) or (30) of
subdivision (a) of Section 186.2,  in lieu of the distribution
provided for in subdivision (c), the proceeds shall be deposited in
the Victim-Witness Assistance Fund to be available for appropriation
to fund child sexual exploitation and child sexual abuse victim
counseling centers and prevention programs under Section 13837. Fifty
percent of the funds deposited in the Victim-Witness Assistance Fund
pursuant to this subdivision shall be granted to community-based
organizations that serve minor victims of human trafficking. 

  SECTION 1.    Section 236.1 of the Penal Code is
amended to read:
   236.1.  (a) (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 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) 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).
   (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.   SEC. 3.   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.