BILL ANALYSIS Ó
SB 285
Page 1
Date of Hearing: June 21, 2011
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 285 (Correa) - As Amended: May 24, 2011
SUMMARY : Provides that any person who provides a certificate,
diploma or other document, or otherwise affirms that a person
has received instruction in massage therapy, knowing that the
person has not received such training, is guilty of a
misdemeanor, punishable by a fine of $2,500, or imprisonment in
county jail for up to one year, or both. Specifically, this
bill states that where a person is prosecuted for a crime in
connection with massage therapy, including crimes relating to
prostitution, the arresting law enforcement agency may provide
to the California Massage Therapy Council (CAMTC) information
concerning the person's massage therapy training, including the
name of any school attended by the person.
EXISTING LAW :
1)Provides a process for voluntary certification by the Massage
Therapist Organization of a person seeking to be a massage
therapist or a massage practitioner. ÝBusiness and
Professions (B&P) Code Section 4600 et seq.]
2)Provides that a person must complete 250 hours of specified
training to obtain certification as a massage practitioner,
and 500 hours of specified training to obtain certification as
a massage therapist. (B&P Code Section 4601.)
3)Provides that certification is valid for two years. ÝB&P Code
Section 4601(f).]
4)Provides that a person who obtains a certificate has the right
to practice massage in any city, county, or city and county in
California. ÝB&P Code Section 4612 (a).]
5)Authorizes local government entities to enact reasonable
health and safety requirements for massage establishments and
zoning rules that do not discriminate against massage
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businesses. (B&P Code Section 4612.)
6)Authorizes local government entities to regulate massage
services by persons who are not certified. (B&P Code Section
4613.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "This
legislation addresses fraudulent issuance of transcripts by
massage schools. Criminalizing this conduct will deter
massage schools from assisting human traffickers in sexually
exploiting women.
"Human trafficking is one of the fastest growing criminal
industries in the world. Traffickers reap billions in profits
by using force, fraud and coercion to rob victims of their
freedom. According to the U.S. State Department there are
12.3 million human trafficking victims around the world; 56
percent of whom are women and girls. In 2009, nearly 50,000
victims were identified worldwide, a 59 percent increase over
2008. California is a prime target for traffickers. The 2007
Human Trafficking in California Final Report found that the
majority of victims were non-citizens, with or without valid
travel documents. The report stated that prostitution was the
most common form (47 %) of human trafficking followed by
domestic servitude (33%) and agriculture (2 %).
"Increasingly, human trafficking victims are being forced to
work in illegitimate massage parlors, providing sexual
services under the guise of massage therapy. Traffickers
bring in women, often from Asia, and force them to work off
the debt of being smuggled into the United States by working
in massage parlors as prostitutes.
"In order for a trafficking victim to work in a massage parlor,
either a local police department permit or a certificate from
the CAMTC is required. The CAMTC was established by the
Legislature to certify massage therapists statewide. Police
and CAMTC require a transcript from an accredited massage
school certifying that the student has received 500 hours of
massage training, in English. Many victims speak little or no
English and could not complete such training and traffickers
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do not want to wait six months for victims to complete
training. Thus, the traffickers purchase falsified massage
school transcripts. Ending access to fraudulent transcripts
will make human trafficking significantly more difficult.
Unfortunately, under existing law, it is not a crime to sell
someone a phony massage school transcript. This bill would
remedy that problem.
"SB 285 would provide that a person who knowingly issues a
fraudulent massage therapy certificate, transcript, diploma,
or other document is guilty of a misdemeanor and is subject to
a fine of up to $2,500 per violation, up to a year of
imprisonment or both. Cutting off access to fraudulent
transcripts will make human trafficking significantly more
difficult.
"In addition, SB 285 authorizes law enforcement to provide the
identity of the massage school attended by a therapist who has
been prosecuted for prostitution to the CAMTC so that massage
schools that are in league with human traffickers can be
readily identified. Gathering this information in a single
location makes it easier for law enforcement to recognize and
prosecute fraudulent massage schools.
"By strengthening laws governing the operation of massage
parlors, SB 285 will reduce the ease with which human
traffickers operate in the State of California."
2)Background : According to the background provided by the
author, "This legislation addresses the fraudulent issuance of
transcripts by massage schools. Increasingly, human
trafficking victims are being forced to work in illegitimate
massage parlors, providing sexual services under the guise of
performing massage therapy. Traffickers bring girls in, often
from Asian countries, and force them to work off the debt of
being smuggled into the United States in massage parlors as
prostitutes.
"In order for these victims to legally work in a massage parlor,
either a permit from the local police department or a
certificate from the California Massage Therapy Council
(CAMTC) is required. The CAMTC was established by the
Legislature two years ago to certify massage therapists
statewide. Both police departments and CAMTC require as a
condition for the issuance of such permits, a transcript from
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a massage school certifying that the massage therapy student
has received 500 hours of massage training, in English at an
accredited school. Many of these victims are from foreign
countries, speak little or no English and could not complete
such training. In addition, human traffickers want to force
them into the sex trade as soon as possible and do not want to
wait six months to complete necessary training. The sex
trafficking operations usually purchase falsified massage
school transcripts certifying 500 hours of training has
occurred when it has not. Cutting off access to fraudulent
transcripts will make human trafficking significantly more
difficult. Under existing law, it is not a crime to sell
someone a phony massage school transcript. This bill would
remedy that problem.
"SB 285 would criminalize the conduct of these 'paper mill'
schools that distribute fraudulent transcripts in volume for
compensation and deter them from assisting human traffickers
in the sexual exploitation of women. This measure contains
provisions to charge any person from a massage therapy school
who provides a fraudulent certificate, transcript, diploma or
other document with a misdemeanor punishable by a fine of
$2,500 per violation, up to a year of imprisonment or both.
"There is a second problem this legislation deals with. Each
police department only knows of prostitution arrests
attributable to massage schools in their local area. This
information is not gathered in a single location and made
available to law enforcement agencies. This makes it very
difficult to identify the fraudulent massage schools. SB 285
authorizes law enforcement to provide the identity of the
massage school attended by a therapist who has been prosecuted
for prostitution to the CAMTC so that massage schools in
league with human traffickers can be readily identified."
3)The CAMTC : CAMTC is a non-profit organization established by
California law in 2009. The governing statutes describe the
composition of the organization and set standards for massage
practitioners and the more advanced massage therapists. CAMTC
provides voluntary certification for massage therapists to
practice statewide. If a person chooses not to get statewide
certification through the CAMTC, that person would have to
obtain a local license or permit to practice in each city or
county. (B&P Code Section 4613.)
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According to the CAMTC Web site, "CAMTC is required to:
a) Create and implement voluntary certification for the
massage therapy profession that will enable consumers to
easily identify credible Certified Massage Therapists
(CMTs) and Certified Massage Practitioners (CMPs);
b) Ensure that CMTs and CMPs have completed sufficient
training at approved schools; and
c) Increase education and training standards consistent
with other states." ÝFound at
(as of June 15,
2011).]
4)Undercover Investigation of Massage Schools : A recent article
detailed the findings of an undercover investigator who
visited various massage schools in California based on tips,
police information and data collected by the CAMTC.
According to the investigator, "This one in particular looked
nothing like a school. It was an ordinary house. Not to be
stereotyping, but she looked like a madam with very
provocative clothing and makeup. I told her I was interested
in (buying a transcript) and she said 'yes, no problem' and
asked me to come back in a few days with a check,' . . . 'Some
operated that way, at others, I was in and out with a
transcript in two hours.'
"On another occasion, the investigator met with the director of
a school whose ramshackle 'office' was cluttered with what
were clearly transcript templates and 'stacks and stacks of
photos of girls.'
"Many of these 'schools' not only created fake paperwork, but
took fingerprints and included a photo of the 'student' which
the school then sent directly to the CAMTC for certification.
Transcripts cost anywhere from $1,000 to $2,500 depending on
the 'school.'
"The undercover investigator found that human traffickers were
selling phony massage school transcripts so prostitutes could
pose as legitimate therapists and work or operate massage
parlors that are nothing more than fronts." ÝFeather, In the
Shadows: Human Trafficking, Fraud and the Cost to the Massage
SB 285
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Profession, Massage Today, June 2011, Vol. 11, Issue 6 found
at
(as of June 15, 2011).]
5)Argument in Support : According to the Orange County District
Attorney , "The proposed regulation of massage parlors that
operate as fronts to prostitution will help prevent sex
trafficking in persons and commercial sexual exploitation.
These illegitimate massage parlors cannot operate and cannot
receive local police permits without false certifications and
diplomas.
"As you well know, human trafficking is one of the fastest
growing criminal industries in the world. Traffickers reap
billions in profits by using force, fraud, and coercion to rob
victims of their freedom. There are approximately 14,500 to
17,500 people being trafficked to the United States each year.
It is also estimated that thousands of American citizens are
trafficked within the United States.
"Introduced by Lou Correa, SB 285 is one step toward combating
the crime of human trafficking, which is a fundamental issue
in public safety and human rights. This bill will punish
those who are profiting from the horrendous crime of human
trafficking and will also help to protect potential victims."
6)Prior Legislation : SB 731 (Oropeza), Chapter 384, Statues of
2008, creates the Massage Therapist Organization
(Organization) and provides for the certification of massage
therapists and massage practitioners by the Organization and
establishes certification criteria.
REGISTERED SUPPORT / OPPOSITION :
Support
Orange County District Attorney (Sponsor)
California Massage Therapy Council (Co-Sponsor)
Association of Orange County Deputy Sheriffs
California Fraternal Order of Police
California State Sheriffs' Association
Long Beach Police Officers Association
Los Angeles County Professional Peace Officers Association
Santa Ana Police Officers Association
SB 285
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Opposition
None
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744