BILL ANALYSIS                                                                                                                                                                                                    ”



                                                                  AB 90
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          Date of Hearing:   April 26, 2011
          Counsel:        Gabriel Caswell


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Ammiano, Tom, Chair

                     AB 90 (Swanson) - As Amended:  April 4, 2011


           SUMMARY  :    Includes in the definition of "human trafficking" 
          the conduct of any person who causes, induces, encourages or 
          persuades a minor under the age of 18 to engage in a commercial 
          sex act, as specified, with the intent to effect any of the 
          following:  pimping; pandering, as specified; sexual 
          exploitation of a child; enticement, as specified; using a minor 
          in pornography; extortion; or solicitation of prostitution.  
          "Commercial sex act" is defined as any sexual conduct, as 
          specified, on account of which anything of value if given or 
          received from a minor. 

           EXISTING LAW  :

          1)Provides that any person who deprives or violates the personal 
            liberty of another with the intent to effect or maintain a 
            felony violation of enticement of a minor into prostitution, 
            pimping or pandering, abduction of a minor for the purposes of 
            prostitution, extortion, or to obtain forced labor or 
            services, is guilty of human trafficking.  ›Penal Code Section 
            236.1(a).]

          2)States human trafficking of a person over the age of 18 is 
            punishable by imprisonment in the state prison for three, 
            four, or five years.  If the victim of the trafficking was 
            under 18 years of age at the time of the commission of the 
            offense, that offense is punishable by imprisonment in the 
            state prison for four, six, or eight years.  ›Penal Code 
            Section 236.1(b) and (c).]

          3)States 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 








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            threat reasonably believes that it is likely that the person 
            making the threat would carry it out.  ›Penal Code Section 
            236.1(d).]

          4)States any person who solicits or who agrees to engage in or 
            who engages in any act of prostitution is guilty of 
            misdemeanor disorderly conduct.  A person agrees to engage in 
            an act of prostitution when, with specific intent to so 
            engage, he or she manifests an acceptance of an offer or 
            solicitation to so engage, regardless of whether the offer or 
            solicitation was made by a person who also possessed the 
            specific intent to engage in prostitution.  No agreement to 
            engage in an act of prostitution shall constitute a violation 
            of this subdivision unless some act, in addition to the 
            agreement, is done within California in furtherance of the 
            commission of an act of prostitution by the person agreeing to 
            engage in that act.  As used in this subdivision, 
            "prostitution" includes any lewd act between persons for money 
            or other consideration.  ›Penal Code Section 647(b).]

          5)States any person who, knowing another person is a prostitute, 
            lives or derives support or maintenance in whole or in part 
            from the earnings or proceeds of the person's prostitution, or 
            from money loaned or advanced to or charged against that 
            person by any keeper or manager or inmate of a house or other 
            place where prostitution is practiced or allowed, or who 
            solicits or receives compensation for soliciting for the 
            person, is guilty of pimping, a felony, and shall be 
            punishable by imprisonment in the state prison for three, 
            four, or six years.  ›Penal Code Section 266h(a).]

          6)States any person who, knowing another person is a prostitute, 
            lives or derives support or maintenance in whole or in part 
            from the earnings or proceeds of the person's prostitution, or 
            from money loaned or advanced to or charged against that 
            person by any keeper or manager or inmate of a house or other 
            place where prostitution is practiced or allowed, or who 
            solicits or receives compensation for soliciting for the 
            person, when the prostitute is a minor, is guilty of pimping a 
            minor, a felony, and shall be punishable as follows:

             a)   If the person engaged in prostitution is a minor over 
               the age of 16 years, the offense is punishable by 
               imprisonment in the state prison for three, four, or six 
               years.








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             b)   If the person engaged in prostitution is under 16 years 
               of age, the offense is punishable by imprisonment in the 
               state prison for three, six, or eight years.  ›Penal Code 
               Section 266h(b)(1) and (2).]

           FISCAL EFFECT :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "›t]here are an 
            estimated 800,000 human beings trafficked for domestic, labor, 
            and sex slavery each year.  The inexpensive price of the 
            victims and the unlikely chance of criminal prosecution makes 
            this a lucrative criminal endeavor at this time in history.  
            Our state cannot stand by and watch hundreds of thousands of 
            young children's lives ruined because some criminals have 
            found trafficking to be more lucrative and safer than dealing 
            drugs.  Our children are not a business commodity for 
            criminals to debate over.  Some of these girls are as young as 
            4 years old. 

          "As Legislators, we must do everything we can to stop the 
            explosion of slavery on our streets. 

          "AB 90 is a clean and simple fix to this complex area of law.  
            Federal law clearly states that prosecutors do not have to 
            prove force or coercion when a trafficking victim is under the 
            age of 18.  State law is vague regarding force or coercion in 
            a human trafficking offense:  it requires a showing of force, 
            yet it says state law is intended to conform with federal law. 
             AB 90 will clean up this confusion by aligning state human 
            trafficking law with federal law.  Therefore, where a person 
            under 18 is involved, AB 90 will change the standard of proof 
            to a showing that the defendant "caused, induced, encouraged, 
            or persuaded the victim.

          "This important change in the law recognizes the fact that many 
            child victims of trafficking suffer from significant physical 
            and mental health problems, including post-traumatic stress 
            disorder, depression, and trauma bonding, which creates the 
            same kind of confinement as physical coercion. 

          "AB 90 will also allow prosecutors to implement the fines and 
            forfeiture provisions passed in AB 17, providing funding to 








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            community based organizations supporting sexually exploited 
            minors." 

           2)Background  :  According to the background submitted by the 
            author, "›t]he explosion of human trafficking and child sexual 
            exploitation within the United States borders and in our very 
            own backyards is out of control.  People, including children, 
            are being sold for a few hundred dollars and some promises.  
            Children are extremely vulnerable to this manipulative type of 
            crime, sometimes being forced into sexual slavery through 
            promises of work opportunities or other forms of emotional 
            bribery.  California's prosecutors are outraged over having to 
            often ignore the blatant signs that a young girl is the victim 
            of trafficking, because without a showing of force, the mental 
            manipulation aspects of the enslavement are not enough under 
            California law to amount to a human trafficking offense. 

          "AB 90 will fix this problem.  While federal law is clear that 
            prosecutors do not have to prove force or coercion when a 
            trafficking victim is under the age of 18, state law is vague 
            regarding force and coercion.  State law specifically states 
            that it is intended to conform to federal law, but at the same 
            time, state law, requires a showing of force or coercion.  
            This ambiguity hinders prosecutors from prosecuting 
            traffickers to the fullest extent possible and also fails to 
            recognize the role that mental manipulation plays in human 
            trafficking."

           3)Human Trafficking  :  "Human trafficking" is defined as "any 
            person who deprives or violates the personal liberty of 
            another person with the intent of effect or maintains a felony 
            violation of enticement, pimping, pandering, abduction for the 
            purposes of prostitution, employing a minor in sexually 
            explicit material, and extortion."  ›Penal Code Section 
            236.1(a).]  The crime of human trafficking was added to the 
            Penal Code in 2005.  Although all of the crimes listed could 
            be charged individually, the author stated:

          "Human trafficking is one of the most pervasive and damaging, 
            yet unrecognized problems facing our country and our state.  
            Human trafficking is present day slavery, involving the 
            recruitment, transportation, or sale of persons for forced 
            labor.  Through the use of violence, threats, and coercion, 
            enslaved persons may be forced to work in the sex trade, 
            domestic labor, factories, hotels or restaurants, agriculture, 








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            peddling, or begging.  Members of these vulnerable populations 
            are actively recruited by traffickers, some of whom are 
            connected to organized crime.  Trafficking recruiters often 
            mislead victims into believing that the opportunities 
            recruiters offer will bring the victims and their loved ones a 
            better life.  Traffickers then use techniques such as debt 
            bondage, isolation from the public, and confiscation of 
            passports, visas, or pieces of identification to keep victims 
            enslaved.  Women and children comprise the majority of 
            trafficking victims.  The low social status of women in many 
            parts of the world facilitates a thriving trafficking 
            industry.  Children are not safe from trafficking and 
            exploitation.  Victims of trafficking report children as young 
            as four years old being sold into slavery, often for sexual 
            purposes.  In 2001, the United States Department of Justice 
            concluded that between 300,000 and 400,000 American children 
            are victims of sexual exploitation every year, many as young 
            as 11 or 12 years of age, some even younger." ›Author's 
            Statement, AB 22 (Lieber), Chapter 240, Statutes of 2005.]

           4)Federal Definition of Human Trafficking  :  Federal law states 
            in relevant part, "The term 'severe forms of trafficking in 
            persons' means:  sex trafficking in which a commercial sex act 
            is induced by force, fraud, or coercion, or in which the 
            person induced to perform such act has not attained 18 years 
            of age; or the recruitment, harboring, transportation, 
            provision, or obtaining of a person for labor or services, 
            through the use of force, fraud, or coercion for the purpose 
            of subjection to involuntary servitude, peonage, debt bondage, 
            or slavery."  ›22 USCS 7102(8)].  Federal law does not require 
            force, fraud or coercion if the victim is under 18 years of 
            age.  Penal Code Section 236.1(f) states, "Legislation 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."  Although there is no indication of such in the 
            legislative history of AB 22, given that Penal Code Section 
            236.1(f) directly cross-references that section of federal 
            law, it is possible that the original statute did contemplate 
            an exception to the fear, fraud or coercion requirement for 
            minors. 

          Moreover, several other states do not require a showing of 
            force, fraud of coercion in commercial sex trafficking cases 
            involving minors.  Those states include Arizona, Delaware, 








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            Idaho, Illinois, Iowa, Kansas, Kentucky, Minnesota, 
            Mississippi, Missouri, Nebraska, North Dakota, Tennessee and 
            Vermont. 

          According to the California Alliance to Combat Trafficking and 
            Slavery Task Force, "In October 2000, Congress enacted the 
            Trafficking Victims Protection Act of 2000 (TVPA), Public Law 
            106-386, to prosecute traffickers, protect victims and prevent 
            trafficking from occurring.  Prior to that, no comprehensive 
            federal law existed to protect victims of trafficking or to 
            prosecute their traffickers.  This law made human trafficking 
            a federal crime with severe penalties; created new law 
            enforcement tools to strengthen the prosecution and punishment 
            of traffickers; addressed the means of coercion used by 
            traffickers, including psychological coercion, trickery and 
            the seizure of documents; promoted prevention measures; and 
            made victims of trafficking eligible for benefits and services 
            under federal or state programs once they become certified by 
            the U.S. Department of Health and Human Services (DHHS). 

          "The Trafficking Victims Protection Reauthorization Act of 2003 
            (TVPRA 2003), Public Law 108192, augmented the legal tools 
            that can be used against traffickers, including empowering 
            victims to bring federal civil suits against traffickers for 
            actual and punitive damages.  It also encouraged the nation's 
            state and local law enforcement agencies to participate in the 
            detection and investigation of human trafficking cases.   

          "The law was reauthorized again in 2005 (TVPRA 2005), Public Law 
            109-164, and provided additional anti-trafficking resources, 
            including grant programs to assist state and local law 
            enforcement efforts in combating trafficking in persons and to 
            expand victim assistance programs to U.S. citizens or resident 
            aliens subjected to trafficking.  The number of federal 
            prosecutions against traffickers has increased significantly 
            since these laws were enacted.  Between 2001 and 2005, U.S. 
            attorneys investigated 555 suspects for violations of federal 
            human trafficking statutes; of investigations closed in that 
            time period, 146 suspects were prosecuted.  Yet, the number of 
            traffickers prosecuted is low considering the 14,500 to 17,500 
            victims estimated to be trafficked into the United States each 
            year. 

          "In order to strengthen the nation's efforts to enforce 
            trafficking laws, the U.S. Department of Justice has 








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            encouraged state involvement through the development of the 
            Model State Anti-Trafficking Criminal Statute (2004), designed 
            to ensure a strong partnership between state and federal 
            partners in combating trafficking.  As of the end of July 
            2007, 32 states had passed criminal anti-trafficking laws."  
            ›Human Trafficking in California, Final Report (October 2007), 
            p. 21.]

          The California Alliance to Combat Trafficking and Slavery Task 
            Force made the following recommendations: 

          "The California Trafficking Victims Protection Act has added 
            valuable new tools in law enforcement's and prosecutors' 
            arsenal to investigate and prosecute human traffickers.  
            However, the Task Force identified some shortcomings in the 
            law and steps that could strengthen and expand its use as a 
            prosecutorial tool.  These shortcomings include:  (1) 
            California's definition of human trafficking is different than 
            the federal definition, especially as it relates to 
            trafficking protections for minors.  California's definition 
            should be changed to mirror the federal definition and 
            eliminate the elements of force, fraud and coercion if the 
            trafficking victim is a minor.  (2) Penalties for traffickers 
            are lower in California's law than those in federal law.  
            Penalties for traffickers should more closely reflect federal 
            trafficking penalties and penalties for sex crimes under 
            existing state law.  (3) There is no provision in the law that 
            allows counties to file charges in cross-jurisdictional human 
            trafficking cases on behalf of all counties involved, as 
            California law provides in cases of child abuse and domestic 
            violence."  ›Human Trafficking in California, Final Report 
            (October 2007), p. 65.]

           5)Domestic Trafficking is an Increasing Problem  :  Although Penal 
            Code Section 236.1 was created due to an increase in women and 
            girls being shipped into the United States from abroad for 
            purposes of sexual exploitation or forced labor, those girls 
            now live in the United States and are being shuttled from city 
            to city also for sexual exploitation.  According to the 
            Polaris Project, "In 2000, 244,000 American children and youth 
            were estimated to be at risk of child sexual exploitation 
            including commercial sexual exploitation.

          "Victims of human trafficking in the United States also include 
            U.S. citizens and residents trafficked within its borders.  








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            Much like the majority of other countries affected by human 
            trafficking, the U.S. has a large internal or 'domestic' 
            component of human trafficking for the purposes of both sexual 
            and labor exploitation.  One of the largest forms of domestic 
            sex trafficking in the U.S. involves traffickers who coerce 
            women and children to enter the commercial sex industry 
            through the use of a variety of recruitment and control 
            mechanisms in strip clubs, street-based prostitution, escort 
            services, and brothels.  Domestic sex traffickers, commonly 
            referred to as 'pimps', particularly target vulnerable youth, 
            such as runaway and homeless youth, and reinforce the reality 
            that the average age of entry into prostitution is 12-13 years 
            old in the U.S.  Recent cases have also demonstrated that 
            labor trafficking of U.S. citizens occurs in locations such as 
            restaurants, the agricultural industry, traveling carnivals, 
            peddling/begging rings, and in traveling sales crews."  
            (Polaris Project, 
            ). 

          According to the sponsor of the bill, the Alameda County 
            District Attorney's Office, Human Exploitation and Trafficking 
            Unit:

          "The commercial sexual exploitation of children is the most 
            hidden form of child abuse in North America today.  It is the 
            Nation's least recognized epidemic.  (Richard Estes, Univ. of 
            Pennsylvania School of Social Work Center for Youth Study).  
            Traffickers target children because of their vulnerability and 
            gullibility as well as the market demand for young victims.  
            Viewing the commercial sexual exploitation of children as 
            prostitution, pimping, and pandering fails to recognize the 
            epidemic size and abusive nature of this rapidly growing 
            problem facing our state and country. 

          "The Commercial sexual exploitation of children is big business. 
             Sadly, today there is no better return on money than selling 
            a child for sex.  The sale and purchase of children for sex is 
            the second largest industry in our country and has become a 
            multi-billion dollar industry that is expected to surpass the 
            illicit trade in guns and narcotics within ten years."  
            ›Dobrisky, Paula J., U.S. Dept. of State, Ending Modern Day 
            Slavery:  U.S. Efforts to Combat Trafficking in Persons (June 
            2004).]

           6)Consent  :  As noted above, Penal Code Section 236.1(a) requires 








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            a person to deprive or violate the personal liberty of another 
            with the intent to commit a specified crime.  However, there 
            is no distinction within the definition of "human trafficking" 
            for victims that are under a certain age.  Existing law 
            related to lewd and lascivious acts with a person 14 years of 
            age or under does not require a showing of force.  ›Penal Code 
            Section 288(a); See also Penal Code Section 285 (incest); 
            Penal Code Section 311.3 (sexual exploitation of a minor for 
            pornographic purpose); Penal Code Section 311.4 (use of minor 
            to perform prohibited acts); Penal Code Section 261.5(a) 
            (statutory rape).]  As a general matter, the law presumes 
            persons under a specified age cannot consent to sexual 
            conduct.  ›CALJIC No. 10.41.]  Consent is not required for 
            several other offenses involving sexual contact with children. 
             There is arguably no reason to require force in sexual 
            commercial trafficking cases involving minors as they are not 
            capable of consent at any rate.  Moreover, given that Penal 
            Code Section 236.1(f) clearly cross-references the specific 
            federal provision eliminating the need to show force, this 
            bill seems a consistent clarification and is congruent with 
            the Penal Code. 

           7)Pimping and Pandering  :  Existing law prohibits pimping and 
            pandering.  Pimping is defined as "any person who, knowing 
            another person is a prostitute, lives or derives support or 
            maintenance in whole or in part from the earnings or proceeds 
            of the person's prostitution, or from money loaned or advanced 
            to or charged against that person by any keeper or manager or 
            inmate of a house or other place where prostitution is 
            practiced or allowed, or who solicits or receives compensation 
            for soliciting for the person, is guilty of pimping, a felony, 
            and shall be punishable by imprisonment in the state prison 
            for three, four, or six years."  ›Penal Code Section 266h(a).] 
             A conviction for pimping requires that the victim actually 
            engage in prostitution and that the alleged "pimp" solicit or 
            receive compensation.  ›People vs. James (1969) 274 Cal.App. 
            2nd 608; CALJIC 10.70.1.]  

          Pandering is defined as "any person who does any of the 
            following is guilty of pandering, a felony, and shall be 
            punishable by imprisonment in the state prison for three, 
            four, or six years:  procures another person for the purpose 
            of prostitution; by promises, threats, violence, or by any 
            device or scheme, causes, induces, persuades or encourages 
                                         another person to become a prostitute; procures for another 








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            person a place as an inmate in a house of prostitution or as 
            an inmate of any place in which prostitution is encouraged or 
            allowed within this state; by promises, threats, violence or 
            by any device or scheme, causes, induces, persuades or 
            encourages an inmate of a house of prostitution, or any other 
            place in which prostitution is encouraged or allowed, to 
            remain therein as an inmate; by fraud or artifice, or by 
            duress of person or goods, or by abuse of any position of 
            confidence or authority, procures another person for the 
            purpose of prostitution, or to enter any place in which 
            prostitution is encouraged or allowed within this state, or to 
            come into this state or leave this state for the purpose of 
            prostitution, or; receives or gives, or agrees to receive or 
            give, any money or thing of value for procuring, or attempting 
            to procure, another person for the purpose of prostitution, or 
            to come into this state or leave this state for the purpose of 
            prostitution."  ›Penal Code Section 266i(b)(1) to (6).]

          Pandering requires the specific intent to induce another person 
            to become a prostitute and subsequently procures that person 
            for the purpose of becoming a prostitute, by promise, threat, 
            fraud or compensation.  (CALJIC 10.71.)  However, in order to 
            find a defendant guilty of pandering, the alleged victim 
            cannot already be engaged in prostitution.  ›People vs. Wagner 
            (2009) 170 Cal.App.4th 499, 510-511 ("And because the 
            undisputed evidence in this case establishes that the young 
            woman whom ›the defendant] was accused of encouraging to 
            become a prostitute was already engaged in prostitution, the 
            judgment convicting him of pandering in violation of section 
            266i, subdivision (b)(1), is reversed").] 

          Pimping and pandering require proof of elements that are not 
            often available in domestic trafficking cases involving 
            underage victims.  Traffickers create a psychologically 
            sophisticated bond with their victims without using violence.  
            Although the traffickers may become violent, this is often the 
            case after the victim has engaged in several act of 
            prostitution.  As a result, existing law appears inadequate to 
            sufficiently punish the type of recruitment most traffickers 
            use to lure children into sexual commercial acts. 

           8)Removal of Forced Labor Provisions  :  Currently, this bill 
            removes the provisions involving forced labor.  It is unclear 
            why these provisions were previously removed.  









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           9)Prison Overcrowding  :  Although this is a serious problem with 
            inadequate existing remedies, California's overwhelming prison 
            population and pending federal prisoner release order demands 
            an examination of any expanded penalty that might increase the 
            number of offenders sentenced to state prison.  A person 
            convicted of Penal Code Section 236.1 may be sentenced to a 
            term of three, five or seven years in state prison.  However, 
            nothing in existing law prohibits a court from granting 
            probation in this case. 

          The California Policy Research Center (CPRC) issued a report on 
            the status of California's prisons.  The report stated, 
            "California has the largest prison population of any state in 
            the nation, with more than 171,000 inmates in 33 adult 
            prisons, and the state's annual correctional spending, 
            including jails and probation, amounts to $8.92 billion.  
            Despite the high cost of corrections, fewer California 
            prisoners participate in relevant treatment programs than 
            comparable states, and its inmate-to-officer ratio is 
            considerably higher.  While the nation's prisons average one 
            correctional officer to every 4.5 inmates, the average 
            California officer is responsible for 6.5 inmates.  Although 
            officer salaries are higher than average, their ranks are 
            spread dangerously thin and there is a severe vacancy rate."  
            ›Petersilia, Understanding California Corrections, CPRC (May 
            2006).]  California's prison population will likely exceed 
            180,000 by 2010.

          According to the Little Hoover Commission, "Lawsuits filed in 
            three federal courts alleging that the current level of 
            overcrowding constitutes cruel and unusual punishment ask that 
            the courts appoint a panel of federal judges to manage 
            California's prison population.  United States District Judge 
            Lawrence Karlton, the first judge to hear the motion, gave the 
            State until June 2007 to show progress in solving the 
            overpopulation crisis.  Judge Karlton clearly would prefer not 
            to manage California's prison population.  At a December 2006 
            hearing, Judge Karlton told lawyers representing the 
            Schwarzenegger administration that he is not inclined 'to 
            spend forever running the state prison system.'  However, he 
            also warned the attorneys, 'You tell your client June 4 may be 
            the end of the line.  It may really be the end of the line.'

          "Despite the rhetoric, thirty years of 'tough on crime' politics 
            has not made the state safer.  Quite the opposite:  today 








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            thousands of hardened, violent criminals are released without 
            regard to the danger they present to an unsuspecting public.  
            Years of political posturing have taken a good idea - 
            determinate sentencing - and warped it beyond recognition with 
            a series of laws passed with no thought to their cumulative 
            impact.  And these laws stripped away incentive s for 
            offenders to change or improve themselves while incarcerated.  


          "Inmates, who are willing to improve their education, learn a 
            job skill or kick a drug habit find that programs are few and 
            far between, a result of budget choices and overcrowding.  
            Consequently, offenders are released into California 
            communities with the criminal tendencies and addictions that 
            first led to their incarceration.  They are ill-prepared to do 
            more than commit new crimes and create new victims . . . . "  
            ›Little Hoover Commission Report, Solving California's 
            Corrections Crisis:  Time is Running Out, (2007) pg. 1, 2.]  

          On January 12, 2010, the Three Judge Panel issued its final 
            ruling ordering the State of California to reduce its prison 
            population by approximately 50,000 inmates in the next two 
            years.  ›Coleman/Plata vs. Schwarzenegger (2010) No. Civ 
            S-90-0520 LKK JFM P/NO. C01-1351 THE.]  This order is stayed 
            pending appeal to the United States Supreme Court. 

          As noted by the Little Hoover Commission and the California 
            Policy Research Center, unconstitutionally overcrowded prisons 
            are profound byproduct of two decades of arbitrary and 
            capricious penalty increases with little or no justification.  
            But one unintended yet equally significant consequence of 
            haphazard penalty increases is the inability to expand crimes 
            or increase sentences where it is truly warranted.  The nature 
            of crime and criminal offenders changes over time, the law 
            must reflect those changes in order to provide a measure of 
            protection to society.  

           10)Arguments in Support  :  According to the  Alameda County 
            District Attorney's Office  , "›d]ue to unclear draftsmanship in 
            our current human trafficking law, the issue of whether proof 
            of force or coercion is required, when a minor is sold for 
            sex, it is unnecessarily unclear and somewhat debatable.  The 
            ambiguity of our state law places local prosecutors at a 
            significant disadvantage in the fight to protect vulnerable 
            minors and hold accountable those who profit from exploiting 








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            them.  We cannot afford to let another day pass without 
            clarifying this ambiguity in our law."

           11)Prior Legislation  :  

             a)   AB 2319 (Swanson), of the 2009-10 legislative session, 
               was identical to this bill and was held on the Assembly 
               Appropriations' Suspense File. 

             b)   AB 1278 (Lieber), Chapter 258, Statutes of 2007, 
               modified the definition of a "perpetrator of an offense of 
               human trafficking of a minor" to be any person who causes, 
               induces, or persuades, or attempts to cause, induce or 
               persuade, a child to engage in a commercial sex act as 
               described in specified offenses or who obtains forced labor 
               or services from such a child, is guilty of human 
               trafficking.  AB 1278 was significantly amended in the 
               Senate Committee on Public Safety and later chaptered 
               without AB 1278's original provisions. 

             a)   AB 22 (Lieber), Chapter 240, Statutes of 2005, created 
               the California Trafficking Victims Protection Act, which 
               established civil and criminal penalties for human 
               trafficking and allowed for forfeiture of assets derived 
               from human trafficking.  In addition, the Act required law 
               enforcement agencies to provide Law Enforcement Agency 
               Endorsement to trafficking victims, providing trafficking 
               victims with protection from deportation and created the 
               human trafficking task force.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support  

          Alameda County
          Alameda County District Attorney
          American Federation of State, County, and Municipal Employees
          California Against Slavery
          California Catholic Conference 
          California Coalition for Youth
          California District Attorneys Association
          California State PTA
          California State Sheriffs' Association
          Child Abuse Prevention Center
          Children's Advocacy Institute 








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          Concerned Women for America 
          Crime Victims United of California
          Los Angeles Probation Officers Union, AFSCME, Local 685
          National Association of Social Workers, California Chapter
          Seven private citizens

           Opposition  

          None


          Analysis Prepared by:    Gabriel Caswell / PUB. S. / (916) 
          319-3744