BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1133
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          Date of Hearing:   June 19, 2012
          Counsel:        Gabriel Caswell


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                      SB 1133 (Leno) - As Amended:  May 24, 2012
                       As Proposed to be Amended in Committee
           

          SUMMARY  :  Modifies provisions relating to forfeiture of the 
          property of convicted human traffickers.  Specifically,  this 
          bill  :  

          1) Authorizes the forfeiture of vehicles, boats, airplanes, 
            money, negotiable instruments, securities, real property, or 
            other things of value used for the purpose of facilitating 
            human trafficking involving a commercial sex act where the 
            victim is an individual under 18 years of age at the time of 
            the commission of the crime and property acquired through 
            human trafficking or which was received in exchange for the 
            proceeds of human trafficking of a person under 18 years of 
            age when the crime involved a commercial sex act.

          2)Provides that 50% of the forfeiture proceeds shall be 
            distributed to the Victim-Witness Assistance Fund for grants 
            to community organizations serving human trafficking victims 
            and 50% of the proceeds shall be distributed to the General 
            Fund of the state or county, depending on whether the Attorney 
            General or district attorney prosecuted the matter. 

           EXISTING LAW  :  

          1)Includes numerous crimes concerning sexual exploitation of 
            minors for commercial purposes.  These crimes include:

             a)   Pimping:  Deriving income from the earnings of a 
               prostitute, deriving income from a place of prostitution, 
               or receiving compensation for soliciting a prostitute.  
               Where the victim is a minor under the age of 16, the crime 
               is punishable by a prison term of three, six or eight 
               years.  ÝPenal Code Section 266h(a) and (b).]

             b)   Pandering:  Procuring another for prostitution, inducing 








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               another to become a prostitute, procuring another person to 
               be placed in a house of prostitution, persuading a person 
               to remain in a house of prostitution, procuring another for 
               prostitution by fraud, duress or abuse of authority, and 
               commercial exchange for procurement.  ÝPenal Code Section 
               266i(a).]

             c)   Procurement:  Transporting or providing a child under 16 
               to another person for purposes of any lewd or lascivious 
               act.  The crime is punishable by a prison term of three, 
               six, or eight years, and by a fine not to exceed $15,000.  
               (Penal Code Section 266j.)

             d)   Taking a minor from her or his parents or guardian for 
               purposes of prostitution.  This is a felony punishable by a 
               prison term of 16 months, two years, or three years and a 
               fine of up to $2,000.  (Penal Code Section 267.)

             e)   Child pornography production:   Using a minor to assist 
               in the making of child pornography for commercial purposes 
               is a felony, with a prison term of 3, 6, or 8 years.  
               ÝPenal Code Section 311.4(b).]

          2)Provides that any person who deprives or violates the personal 
            liberty of another with the intent to effect or maintain a 
            felony violation of specified prostitution related offenses, 
            use of minor in producing or distributing obscene material or 
            child pornography, extortion, or to obtain forced labor or 
            services, is guilty of human trafficking.  ÝPenal Code Section 
            236.1(a).]

          3)Provides that a victim of human trafficking may bring a civil 
            lawsuit for actual damages, compensatory damages, punitive 
            damages, injunctive relief, any combination of those, or any 
            other appropriate relief.  In such a lawsuit, the plaintiff 
            may be awarded up to three times his or her actual damages or 
            $10,000, whichever is greater.  In addition, punitive damages 
            may also be awarded upon proof of the defendant's malice, 
            oppression, fraud, or duress in committing the act of human 
            trafficking.  (California Civil Code Section 52.5.)  

          4)Provides that where the victim of human trafficking is an 
            adult, the offense is punishable by a prison term of 3, 4 or 5 
            years in prison and a fine of up to $10,000.  ÝPenal Code 
            Section 236.1(b).]








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          5)Provides that if the person trafficked is a minor, the offense 
            is punishable by 4, 6 or 8 years in prison and a fine of up to 
            $10,000.  Where the minor was trafficked for a commercial sex 
            act, the maximum fine is $100,000.  ÝPenal Code Section 
            236.1(g).]

          6)Provides that all fines imposed for human trafficking shall be 
            deposited in the Victim-Witness Assistance to fund services 
            for human trafficking victims.  At least 50% of such fines 
            shall be granted to community-based organizations.  ÝPenal 
            Code Section 236.1(h).]

          7)Defines "unlawful deprivation of liberty" includes sustained 
            and substantial restriction of another's liberty accomplished 
            through fraud, deceit, coercion, violence, duress, menace or a 
            credible threat of injury to the victim or another person.  
            ÝPenal Code Section 186.22(d).]

          8)Includes the criminal profiteering asset forfeiture law.  
            Criminal profiteering forfeiture applies where the defendant 
            is convicted of a specified offense and the defendant has 
            engaged in a pattern of criminal profiteering activity, as 
            specified.  (Penal Code Section 186.3.)  The following assets 
            or property is subject to forfeiture:

             a)   Any property interest whether tangible or intangible, 
               acquired through a pattern of criminal profiteering 
               activity.

             b)   All proceeds of a pattern of criminal profiteering 
               activity, which property shall include all things of value 
               that may have been received in exchange for the proceeds 
               immediately derived from the pattern of criminal 
               profiteering activity.

             c)   States that forfeited cash and proceeds of the sale of 
               forfeited property shall be distributed as follows: 

               i)     To the bona fide or innocent purchaser, conditional 
                 sales vendor, or holder of a valid lien, mortgage, or 
                 security interest, up to the amount of his or her 
                 interest in the property or proceeds, as specified.

               ii)    To the Department of General Services or local 








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                 governmental entity for all expenditures incurred in 
                 connection with the sale of the forfeited property.

               iii)   To the State General Fund or the general fund of the 
                 local governmental entity, whichever prosecutes (Penal 
                 Code Section 186.8), except in the child pornography or 
                 recycling fraud cases.

               iv)    In a case of fraud involving the state recycling 
                 program, to a special fund designated in the Public 
                 Resources Code.

               v)     In the case of child pornography crimes, to the 
                 county children's trust fund or State Children's Trust 
                 Fund.

               vi)    In a case involving human trafficking of minors for 
                 purposes of prostitution or lewd conduct, or a case of 
                 procurement of a minor, to the Victim-Witness Assistance 
                 Fund for child sexual exploitation and abuse counseling 
                 and prevention programs.  Fifty percent of the funds 
                 shall be granted to community-based organizations that 
                 serve minor victims of human trafficking.

          9)Includes human trafficking (Penal Code Section 236.1) in the 
            list of crimes for which a forfeiture of assets can be sought 
            for criminal profiteering.  ÝPenal Code Section 186.2(a)(28).]

          10)Includes abduction or procurement by fraudulent inducement 
            for prostitution to the list of crimes for which a forfeiture 
            of assets can be sought for criminal profiteering.  ÝPenal 
            Code Section 186.2(a)(31).]

          11)Provides that any case in which the defendant persuaded, 
            induced, coerced or forced  a minor to engage in a commercial 
            sex act can be the basis of criminal profiteering asset 
            forfeiture, as specified.  ÝPenal Code Section 186.2(a)(29).]

          12)Provides that the proceeds of criminal profiteering in cases 
            of commercial sexual exploitation of minors, as specified, 
            shall be distributed to the Victim-Witness Assistance Fund for 
            child sexual exploitation and abuse counseling and prevention 
            programs.  Fifty percent of the funds shall be granted to 
            community-based organizations that serve minor victims of 
            human trafficking.  ÝPenal Code Section 186.2(a)(30).]








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          13)Defines a commercial sex act as sexual conduct for which 
            anything of value is given or received by any person.  ÝPenal 
            Code Section 186.2(a)(29) and (30).]

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "SB 1133 creates 
            a new forfeiture statute that will give prosecutors a powerful 
            tool to ensure that criminals convicted of sex trafficking 
            minors are not able to retain any financial benefits from 
            their participation in this horrendous crime.  The bill not 
            only expands the list of assets subject to forfeiture, thereby 
            ensuring that these resources are not used in future crimes, 
            but also includes a formula to redirect those resources to 
            organizations that provide treatment and victim services for 
            this vulnerable population. 
             
             "According to the U.S. Department of Justice, human 
            trafficking and sexual exploitation is the fastest growing and 
            second largest criminal enterprise in the world.  Data 
            gathered by the California Department of Justice states that 
            195,644 children ran away from home in 2009 and 2010.  
            Scholars estimate that, within 48 hours one-third of those 
            children would be lured or recruited into the underground 
            world of prostitution and pornography.  Even with an estimated 
            65,000 children lured into the sex trade in California in 2009 
            and 2010, only thirteen individuals were sent to prison in 
            California for human trafficking during that time."

           2)Background  :  According to information provided by the author, 
            "SB 1133 creates a new forfeiture statute that will give 
            prosecutors an additional legal sanction designed to dismantle 
            the criminal enterprises of those trafficking minors for the 
            purposes of commercial sex.  The bill expands the list of 
            assets subject to forfeiture, thereby ensuring that these 
            resources are not used in future crimes, but also includes a 
            formula to redirect those resources to organizations that 
            provide treatment and victim services for this vulnerable 
            population.

            "According to the U.S. Department of Justice, human 
            trafficking and sexual exploitation is the fastest growing and 








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            second largest criminal enterprise in the world. Data gathered 
            by the California Department of Justice states that 195,644 
            children ran away from home in 2009 and 2010.  Scholars 
            estimate that, within 48 hours one-third of those children 
            would be lured or recruited into the underground world of 
            prostitution and pornography.  Even with an estimated 65,000 
            children lured into the sex trade in California in 2009 and 
            2010, only thirteen individuals were sent to prison in 
            California for human trafficking during that time.  

            "Many experts believe the infrequency of human trafficking 
            investigation and prosecution is attributable to the lack of 
            resources available to victims and their inability to come 
            forward. 
            This bill is intended to provide resources to victims of human 
            trafficking, and their support groups, to enhance the 
            reporting of this crime. 

            "SB 1133 would enact the following reforms involving 
            prosecutions for the sex trafficking of minors:

            "(1) Under current law, forfeiture of property is authorized 
            only if at least two instances of criminal profiteering are 
            proven.  SB 1133 would make forfeiture available upon proof of 
            only one instance of sex trafficking of a minor.

            "(2) SB 1133 would expand the scope of property subject to 
            forfeiture to include 'any interest in a vehicle, boat, 
            airplane, money, negotiable instrument, securities, real 
            property, or other thing of value substantially used for the 
            purpose of facilitating the trafficking an individual under 18 
            years of age under 236.1.'

            "(3) SB 1133 would provide for 50% of forfeited funds to be 
            dispersed directly to the Victim-Witness Assistance fund for 
            use by community-based organizations that serve victims of 
            human trafficking."

           3)Difference Between this Bill and Current Forfeiture Law  :  
            Under the existing criminal asset forfeiture law, forfeiture 
            is ordered after the defendant is convicted of a specified 
            crime and the prosecution establishes that the defendant has 
            been engaged in a pattern of criminal profiteering.  The 
            proceeds of criminal profiteering, the ill-gotten gains of the 
            organized crime, are forfeited to the state.  The California 








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            law is modeled on or derived from federal racketeering laws - 
            Racketeer Influenced and Corrupt Organization Act (RICO).

            This bill allows forfeiture where only a single human 
            trafficking crime is established.  The prosecutor need not 
            establish a pattern of human trafficking to allow forfeiture. 

            Without a pattern of forfeiture, relatively little money or 
            property would be forfeited as the proceeds or profits of 
            human trafficking. That is, a single crime or two would not 
            produce much profit.  However, and most important, this bill 
            allows forfeiture of not just the profits of crime, but also 
            the instrumentalities of the crime - the property used to 
            commit the crime.  Property is subject to forfeiture as an 
            instrumentality if a substantial purpose of the use of the 
            property was to facilitate sex trafficking of minors.  This is 
            true even where the prosecutor cannot trace a defendant's 
            assets to trafficking profits.  In discussions about the bill, 
            the author argued that property used to facilitate sex 
            trafficking of minors must be forfeited in order to reduce the 
            ability of the perpetrator to commit additional crimes.  

            Finally, as noted above, under existing law, all forfeited 
            proceeds of sex trafficking of minors are distributed to the 
            Victim-Witness Assistance Fund, with 50% available for grants 
            to community-based organizations.  Where forfeiture is done 
            pursuant to this bill, 50% of the proceeds shall be 
            distributed to the General Fund of the state or county, 
            whichever jurisdiction or entity prosecuted the case.  These 
            funds can be used by the state or county for any purpose.

            In discussions on prior bills, advocates noted that human 
            trafficking victims are often reluctant to report the crimes 
            against them because they are afraid of reprisals and because 
            they are often in the control of traffickers.  In order to 
            provide more resources and support for victims, the 
            Legislature directed that all proceeds of human trafficking of 
            minors for commercial sex acts shall be used for programs 
            benefiting victims, including directions that 50% of the money 
            shall be provided to community-based organizations.  (AB 90 
            (Swanson), Chapter 457, Statutes of 2011.)  

            However, the Attorney General (sponsor) has noted that 
            investigating and prosecuting human trafficking cases are 
            costly.  This bill would provide some financial relief to the 








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            county or the state without providing a direct payment of 
            "bounty" to the district attorney or the Attorney General, 
            depending on which office prosecuted the case.  That is, the 
            decision to pursue forfeiture would not lead to a direct 
            financial benefit to the prosecutor's office.  Rather, 50% of 
            the forfeiture proceeds would be deposited in the General Fund 
            of the overall government entity.  The Legislature or the 
            board of supervisors could make deliberative decisions as to 
            the use of forfeiture proceeds.

            Essentially, the Attorney General is arguing that in 
            distributing forfeiture proceeds in these cases, a balance 
            should be struck between victims' programs and resources for 
            the state.  Such a distribution could be mutually beneficial 
            to victims and prosecutors, helping victims come forward and 
            helping the state investigate and prosecute the cases.

           4)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."  ÝPenal 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, Assembly Member Lieber (2005) 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, 
            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 








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            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." ÝAuthor's 
            Statement, AB 22 (Lieber), Chapter 240, Statutes of 2005.]

           5)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."  Ý22 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, 
            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 








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            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 
            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."  
            ÝHuman Trafficking in California, Final Report (October 2007), 
            p. 21.]

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









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          "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."  ÝHuman Trafficking in California, Final Report 
            (October 2007), p. 65.]

           6)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.  
            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 








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            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."  
            ÝDobrisky, Paula J., U.S. Dept. of State, Ending Modern Day 
            Slavery:  U.S. Efforts to Combat Trafficking in Persons (June 
            2004).]

           7)Argument in Support  :  According to the Attorney General of the 
            State of California, "This is an important bill that will give 
            prosecutors a powerful tool to endure that criminals convicted 
            of sex trafficking minors are not able to retain any financial 
            benefits from their participation in this horrendous crime.  
            Specifically, AB 1133 would create a new forfeiture statute 
            that would: (1) allow for forfeiture for once instance of sex 
            trafficking of a minor, rather than having to show a pattern, 
            (2) expand the property subject to forfeiture; and, (3) 
            provide that 50% of forfeited funds are provided to the 
            Victims-Witness Assistance Fund for use by community-based 
            organizations that serve victims of human trafficking.  








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           8)Argument in Opposition  :  According to the  American Civil 
            Liberties Union (ACLU)  , "The ACLU believes that civil 
            forfeiture laws raise serious civil liberties concerns 
            including the right to be free from punishment that is 
            disproportionate to the offense.  Even courts that have upheld 
            forfeiture laws have recognized that they are "the hardest of 
            all our laws respecting ownership of private property", Nasir 
            v. Sacramento County Office of the District Attorney, 11 
            Cal.App 4th 976, 985 (1992).  
             
             "We appreciate the author's willingness to address many of our 
            concerns and incorporate various due process protections for 
            property owners in this legislation.  However, expansion of 
            civil asset laws beyond the very limited circumstances 
            currently authorized by statute - primarily for serious drug 
            felonies involving large amounts of drugs - remains troubling. 
             It sets an unnecessary precedent for expansion of asset 
            forfeiture for additional crimes and is a doubtful remedy in 
            stemming these crimes against young women."   
             
           9)Related Legislation  :  

             a)   AB 90 (Swanson), Chapter 457, Statutes of. 2011, 
               includes, within the definition of criminal profiteering 
               activity, any crime in which the perpetrator induces, 
               encourages, or persuades, or causes through force, fear, 
               coercion, deceit, violence, duress, menace, or threat of 
               unlawful injury to the victim or to another person, a 
               person under 18 years of age to engage in a commercial sex 
               act, and specifies that the proceeds shall be deposited in 
               a Victim-Witness Fund as specified.

             b)   AB 12 (Swanson), Chapter 75, Statutes of 2011, requires 
               the court to impose a special fine of up to $25,000 in a 
               case where a defendant is convicted of prostitution 
               involving a minor; and provides that the proceeds of such 
               funds be available, upon legislative appropriation, to fund 
               programs and services for sexually exploited minors in the 
               county of conviction.
           
          REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           








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          Association for Los Angeles Deputy Sheriffs
          California Attorney General
          California Catholic Conference
          California Coalition Against Sexual Assault 
          Coalition to Abolish Slavery and Trafficking
          Los Angeles County Probation Officer's Union 
          Riverside Sheriff's Association

           Opposition 
          
          American Civil Liberties Union
           

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