BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 285
                                                                  Page  1

          Date of Hearing:   July 6, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                     SB 285 (Correa) - As Amended:  May 24, 2011 

          Policy Committee:                              Public 
          SafetyVote:   7-0

          Urgency:      No                  State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill:

          1)Makes it a misdemeanor, punishable by up to one year in county 
            jail and/or a fine of up to $2,500, to provide a certificate, 
            diploma or other document, or otherwise affirm a person has 
            received instruction in massage therapy, knowing the person 
            has not received training "consistent with that document or 
            affirmation." 

          2)Provides that when 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. 

           FISCAL EFFECT  

          Unknown, likely minor non-reimbursable local law enforcement and 
          incarceration costs, offset to a degree by increased fine 
          revenue. 

           COMMENTS  

           1)Rationale  . The author's intent is to crack down on the 
            fraudulent issuance of transcripts by massage schools, a 
            practice that enables human trafficking. 

            According to the author, "In order for a trafficking victim to 
            work in a massage parlor, either a local police department 








                                                                  SB 285
                                                                  Page  2

            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 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?.

            "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."

           2)Support  .  According to the sponsor, 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." 

           3)CAMTC  is a non-profit organization established by statute in 
            2009 that sets standards for massage practitioners. 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.  


           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081