BILL NUMBER: AB 2212 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 7, 2012
INTRODUCED BY Assembly Member Block
FEBRUARY 24, 2012
An act to amend Section 3496 of the Civil Code, and to amend
Sections 11225 and 11230 of the Penal Code, relating to human
trafficking.
LEGISLATIVE COUNSEL'S DIGEST
AB 2212, as amended, Block. Human trafficking: civil penalties.
Under existing law, a person who deprives or violates the personal
liberty of another with the intent to effect or maintain a felony
violation of specified sexual crimes, such as rape or pandering, or
to obtain forced labor or services, is guilty of human trafficking,
which is a felony punishable by imprisonment in the state prison for
3, 4, or 5 years.
Existing law classifies a building or place used for the purpose
of illegal gambling, lewdness, assignation, or prostitution, and
every building or place in or upon which acts of illegal gambling,
lewdness, assignation, or prostitution, are held or occur, as a
nuisance, which shall be enjoined, abated, and prevented, and for
which damages may be recovered through a prescribed process. Civil
penalties recovered through this process are divided between the
Restitution Fund in the State Treasury and either the city attorney
and city prosecutor or the district attorney, depending on who
brought the action.
This bill would classify a building or place used for the purpose
of, or in or upon which are held or occur acts of, human
trafficking as a public nuisance. The bill would divide civil
penalties collected through the nuisance provisions, in cases of
human trafficking, between the Victim-Witness Assistance Fund, to be
available upon appropriation by the Legislature to the California
Emergency Management Agency to fund grants for human trafficking
victim services and prevention programs, and the city attorney and
city prosecutor or district attorney, to be used exclusively for
enforcement of nuisance abatement laws.
Existing law authorizes a court to award costs, including the
costs of investigation and discovery, and reasonable attorney's fees
to the prevailing party in cases in which a governmental agency seeks
to enjoin the use of a building or place for, or to enjoin acts of,
illegal gambling, lewdness, assignation, or prostitution.
The bill would make that provision applicable to cases in which a
governmental agency seeks to enjoin the use of a building or place
for, or to enjoin acts of, human trafficking.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3496 of the Civil
Code is amended to read:
3496. In any of the following described cases, the court may
award costs, including the costs of investigation and discovery, and
reasonable attorneys' attorney's fees,
which are not compensated for pursuant to some other provision of
law, to the prevailing party:
(a) In any case in which a governmental agency seeks to enjoin the
sale, distribution, or public exhibition, for commercial
consideration, of obscene matter, as defined in Section 311 of the
Penal Code.
(b) In any case in which a governmental agency seeks to enjoin the
use of a building or place for the purpose of illegal gambling,
lewdness, assignation, human trafficking, or prostitution;
or any case in which a governmental agency seeks to enjoin acts of
illegal gambling, lewdness, assignation, human trafficking,
or prostitution in or upon a building or place, as authorized
in Article 2 (commencing with Section 11225) of Chapter 3 of Title 1
of Part 4 of the Penal Code.
(c) In any case in which a governmental agency seeks to enjoin the
use of a building or place, or seeks to enjoin in or upon any
building or place the unlawful sale, manufacture, service, storage,
or keeping or giving away of any controlled substance, as authorized
in Article 3 (commencing with Section 11570) of Chapter 10 of
Division 10 of the Health and Safety Code.
(d) In any case in which a governmental agency seeks to enjoin the
unlawful sale, service, storage, or keeping or giving away of
alcoholic liquor, as authorized in Article 1 (commencing with Section
11200) of Chapter 3 of Title 1 of Part 4 of the Penal Code.
SECTION 1. SEC. 2. Section 11225 of
the Penal Code is amended to read:
11225. (a) (1) Every building or place used for the purpose of
illegal gambling as defined by state law or local ordinance,
lewdness, assignation, human trafficking, or
prostitution, and every building or place in or upon which acts of
illegal gambling as defined by state law or local ordinance,
lewdness, assignation, human trafficking, or
prostitution, are held or occur, is a nuisance which shall be
enjoined, abated, and prevented, and for which damages may be
recovered, whether it is a public or private nuisance.
(2) Nothing in this subdivision shall be construed to apply the
definition of a nuisance to a private residence where illegal
gambling is conducted on an intermittent basis and without the
purpose of producing profit for the owner or occupier of the
premises.
(b) (1) Notwithstanding any other law, every building or place
used for the purpose of human trafficking, and every building or
place in or upon which acts of human trafficking are held or occur,
is a nuisance which shall be enjoined, abated, and prevented, and for
which damages may be recovered, whether it is a public or private
nuisance.
(2) For purposes of this subdivision, human trafficking is defined
in Section 236.1.
(b)
(c) (1) Every building or place used as a bathhouse
which as a primary activity encourages or permits conduct that
according to the guidelines of the federal Centers for Disease
Control and Prevention can transmit AIDS, including, but not limited
to, anal intercourse, oral copulation, or vaginal intercourse, is a
nuisance which shall be enjoined, abated, and prevented, and for
which damages may be recovered, whether it is a public or private
nuisance.
(2) For purposes of this subdivision, a "bathhouse" means a
business which, as its primary purpose, provides facilities for a
spa, whirlpool, communal bath, sauna, steam bath, mineral bath, mud
bath, or facilities for swimming.
SEC. 2. SEC. 3. Section 11230 of the
Penal Code is amended to read:
11230. (a) (1) If the existence of a nuisance is established in
an action as provided in this article, an order of abatement shall be
entered as a part of the judgment in the case, directing the removal
from the building or place of all fixtures, musical instruments and
movable property used in conducting, maintaining, aiding, or abetting
the nuisance, and directing the sale thereof in the manner provided
for the sale of chattels under execution, and the effectual closing
of the building or place against its use for any purpose, and that it
be kept closed for a period of one year, unless sooner released. If
the court finds that any vacancy resulting from closure of the
building or place may create a nuisance or that closure is otherwise
harmful to the community, in lieu of ordering the building or place
closed, the court may order the person who is responsible for the
existence of the nuisance to pay damages in an amount equal to the
fair market rental value of the building or place for one year to the
city or county in whose jurisdiction the nuisance is located. The
actual amount of rent being received for the rental of the building
or place, or the existence of any vacancy therein, may be considered,
but shall not be the sole determinant of the fair market rental
value. Expert testimony may be used to determine the fair market
rental value.
(2) While the order remains in effect as to closing, the building
or place is and shall remain in the custody of the court.
(3) For removing and selling the movable property, the officer is
entitled to charge and receive the same fees as he or she would for
levying upon and selling like property on execution.
(4) For closing the premises and keeping them closed, a reasonable
sum shall be allowed by the court.
(b) The court may assess a civil penalty not to exceed twenty-five
thousand dollars ($25,000) against any and all of the defendants,
based upon the severity of the nuisance and its duration.
(c) Unless Except as otherwise
specified by subdivision (d), one-half of the civil penalties
collected pursuant to this section shall be deposited in the
Restitution Fund in the State Treasury, the proceeds of which shall
be available for appropriation by the Legislature to indemnify
persons filing claims pursuant to Article 1 (commencing with Section
13959) of Chapter 5 of Part 4 of Division 3 of Title 2 of the
Government Code, and one-half of the civil penalties collected shall
be paid to the city in which the judgment was entered, if the action
was brought by the city attorney or city prosecutor. If the action
was brought by a district attorney, one-half of the civil penalties
collected shall be paid to the treasurer of the county in which the
judgment was entered.
(d) In cases involving human trafficking, one-half of the civil
penalties collected pursuant to this section shall be deposited in
the Victim-Witness Assistance Fund to be available for appropriation
by the Legislature to the California Emergency Management Agency to
fund grants for human trafficking victim services and prevention
programs provided by community-based organizations. The
community-based organizations shall have trained human trafficking
caseworkers, as defined by Section 1038.2 of the Evidence Code.
The other one-half of the civil penalties shall be paid to the city
in which judgment was entered, if the action was brought by a city
attorney or city prosecutor. If the action was brought by a district
attorney, the one-half of the civil penalty shall, instead, be paid
to the treasurer of the county in which judgment was entered. The
funds directed to the city attorney or the district attorney shall be
for the exclusive use of that agency for the enforcement of nuisance
abatement laws.