BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1571
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          Date of Hearing:   April 24, 2012
          Counsel:                Milena Blake


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                   AB 1571 (Donnelly) - As Amended:  April 19, 2012


                                    FOR VOTE ONLY
           

          SUMMARY  :   Increases the penalties for human trafficking 
          involving a commercial sex act and creates a new offense of 
          human smuggling.  Specifically,  this bill  :  

          1)Specifies that trafficking a person under the age of 18 where 
            the human trafficking does not involve a commercial sex act is 
            punishable by imprisonment in the state prison for four, six 
            or eight years.

          2)States that trafficking a person 18 years or older where the 
            human trafficking involves a commercial sex act is punishable 
            by imprisonment in the state prison for 10, 12 or 14 years.  

          3)States that trafficking a person under the age of 18 where the 
            human trafficking involves a commercial sex act is punishable 
            by imprisonment in the state prison for 25 years to life.  

           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.  ĘPenal Code Section 
            236.1(a)]:

             a)   States that violation of this section is punishable by 
               imprisonment in the state prison for three, four, or five 
               years.  ĘPenal Code Section 236.1(b).]

             b)   States that violation of this section where the victim 








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               is under 18 years of age at the time of the commission of 
               the offense if punishable by imprisonment in the state 
               prison for four, six, or eight years.  ĘPenal Code Section 
               236.1(c).]

          2)States that any person who commits human trafficking involving 
            a commercial sex act where the victim was under the age of 18 
            years at the time of the commission of the offense shall be 
            punished by a fine of not more than $100,000 in addition to 
            other penalties previously specified.  ĘPenal Code Section 
            236.1(g)(1).]

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

          4)Defines "commercial sex act" as any sexual conduct on account 
            of which anything of value is given or received by any person. 
             ĘPenal Code Section 236.1(g)(2).]

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  : According to the author, "AB 1571 takes 
            important steps to bring justice to perpetrators of the 
            vicious crimes of rape and human sex trafficking especially 
            against children. With busy ports, large immigrant communities 
            and a porous international border, California has a unique and 
            vital role to play in putting an end to this inexcusable crime 
            against innocence, human dignity and liberty. For the sake of 
            the victims, the communities marred by this exploitation and 
            future generations of Californians, it is critical that 
            perpetrators be brought to justice. AB 1571 will help law 
            enforcement and communities by keeping these criminals off the 
            streets."

           2)On-going Concerns for Prison Overcrowding  :  In November 2006, 
            plaintiffs in two ongoing class action lawsuits - Plata v. 








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            Brown (involving inmate medical care) and Coleman v. Brown 
            (involving inmate mental health care) - filed motions for the 
            courts to convene a three-judge panel pursuant to the U.S. 
            Prison Litigation Reform Act.  The plaintiffs argue that 
            persistent overcrowding in the state's prison system was 
            preventing the California Department of Corrections and 
            Rehabilitation (CDCR) from delivering constitutionally 
            adequate health care to inmates.  The three-judge panel 
            declared that overcrowding in the state's prison system was 
            the primary reason that CDCR was unable to provide inmates 
            with constitutionally adequate health care.  In January 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.  
            ĘColeman/Plata vs. Schwarzenegger (2010) No. Civ S-90-0520 LKK 
            JFM P/NO. C01-1351 THE.] 

          The United State Supreme Court upheld the decision of the 
            three-judge panel, declaring that "without a reduction in 
            overcrowding, there will be no efficacious remedy for the 
            unconstitutional care of the sick and mentally ill" inmates in 
            California's prisons.  ĘBrown v. Plata (2011) 131 S.Ct. 1910, 
            1939; 179 L.Ed.2d 969, 999.]

          According to a recent report by the Legislative Analyst's 
            Office, "Based on CDCR's current population projections, it 
            appears that it will eventually reach the court-imposed 
            population limit, though not by the June 2013 deadline."  ĘSee 
            Refocusing CDCR After the 2011 Realignment, Feb. 23, 2012, 
            pp.3; < 
            http://lao.ca.gov/analysis/2012/crim_justice/cdcr-022312.pdf>.]
              "In particular, the projections show the state missing the 
            final population limit of no more than 110,000 inmates housed 
            in state prisons by June 2013.  Specifically, the projections 
            show the state exceeding this limit by about 6,000 inmates.  
            However, the projections indicate that the state will meet the 
            court-imposed limit by the end of 2014."  (Id. at p. 9.)

          "While the state has undergone various changes to reduce 
            overcrowding prior to the passage of the realignment 
            legislation-including transferring inmates to out-of-state 
            contract facilities, construction of new facilities, and 
            various statutory changes to reduce the prison population-the 
            realignment of adult offenders is the most significant change 
            undertaken to reduce overcrowding."  (Id. at p. 8.)  Because 








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            the provisions of this bill require a defendant to serve his 
            or her sentence in state prison, it appears to aggravate the 
            on-going problem of prison overcrowding.

           3)Related Legislation  : 

             a)   AJR 17 (Solorio), Chapter 124, Statutes of 2011, urged 
               Congress and the President of the United States to increase 
               funding for various law enforcement and crime prevention 
               programs and to fully reimburse states for the cost of 
               incarcerating undocumented criminals.

             b)   AB 26 (Donnelly) makes it a felony under specified 
               circumstances for an undocumented immigrant to be present 
               on public or private land, and would prohibit public 
               officials and agencies from adopting a policy that would 
               restrict enforcement of federal immigration law.  AB 26 
               failed passage in the Assembly Judiciary Committee.   

             c)   AB 1031 (Donnelly) requires an arresting authority 
               report the presence of an individual to the United States 
               Immigration and Customs Enforcement if that individual is 
               arrested for driving under the influence (DUI) or DUI with 
               injury, as specified, and the individual fails to provide 
               the arresting authority with the appropriate documentation 
               demonstrating his or her legal presence in the United 
               States.  AB 1031 failed passage in this Committee.

           4)Related Legislation: 
           
             a)   AB 2212 (Block), clarifies that buildings or places used 
               for human trafficking can be declared a public nuisance, 
               and specifies that half of any civil penalties collected 
               therefrom shall be directed to fund grants for human 
               trafficking victim services and prevention programs.  AB 
               2212 is pending hearing on the floor of the Assembly. 

             b)   AB 2466 (Blumenfield),   permits the freezing of assets in 
               human trafficking cases prior to the final judgment in the 
               case.  AB 2466 is pending hearing in the Assembly Committee 
               on Judiciary.   
              
           5)Previous Legislation  : 

             a)   AB 12 (Swanson), Chapter 75, Statutes of 2011, provides 








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               that any person convicted of soliciting or engaging in an 
               act of prostitution, where the person involved in the 
               solicitation or the act was under 18 years of age, shall be 
               ordered by the court, to pay an additional fine not to 
               exceed $25,000.

             b)   AB 799 (Swanson), Chapter 51, Statutes of 2011, extends 
               the repeal date to January 1, 2017 of a provision in 
               existing law that authorizes the Alameda County District 
               Attorney to create a pilot project, contingent upon local 
               funding, for the comprehensive, replicative, 
               multidisciplinary model to address the needs and effective 
               treatment of commercially sexually exploited minors.

             c)   AB 1002 (Fong), of the 2009-2010 Legislative session, 
               would have created the Human Trafficking Trust Fund, and 
               provided that forfeiture proceeds from human trafficking be 
               deposited in that fund for use, upon appropriation by the 
               Legislature, for the purpose of funding services for the 
               victims of human trafficking and for providing training to 
               law enforcement and prosecutorial personnel to help combat 
               human trafficking.  The bill failed passage in Assembly 
               Appropriations Committee.

             d)   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 
           
          California Probation, Parole and Correctional Association
          4 Private Individuals 

           Opposition 
           
          American Civil Liberties Union
          California Attorneys for Criminal Justice








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          California Public Defenders Association 
          Drug Policy Alliance
           

          Analysis Prepared by  :    Milena Blake / PUB. S. / (916) 319-3744