BILL ANALYSIS Ó
AB 1731
Page 1
Date of Hearing: March 1, 2016
Counsel: David Billingsley
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB
1731 (Atkins) - As Introduced January 28, 2016
SUMMARY: Creates the Statewide Interagency Human Trafficking Task Force
to gather statewide data on human trafficking, to recommend
interagency protocols and best practices for training and
outreach to law enforcement, victim service providers, and other
state and private sector employees likely to encounter sex
trafficking, and to evaluate and implement approaches to
increase public awareness about human trafficking. Specifically,
this bill:
1)Creates the Statewide Interagency Human Trafficking Task Force
consisting of representatives from the following agencies:
a) The Department of Justice;
b) The State Department of Social Services;
c) The Children and Family Services Division of the State
Department of Social Services;
d) The Labor and Workforce Development Agency;
e) The State Department of Public Health;
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f) The Department of Corrections and Rehabilitation;
g) The State Department of Education; and
h) The Judicial Council.
2)Directs the Statewide Interagency Human Trafficking Task Force
to do the following:
a) Gather statewide data on sex and labor traffickers, sex
buyers, and human trafficking victims, including statistics
on prosecution of offenders as well as services provided to
victims, including commercially sexually exploited
children.
b) Recommend interagency protocols and best practices for
training and outreach to the law enforcement community,
victim service providers, and other state or private sector
employees likely to encounter sex trafficking, such as
educators and hotel workers.
c) Evaluate and implement approaches to increase public
awareness about human trafficking and make new
recommendations on these approaches.
EXISTING LAW:
1)States that "sexual exploitation" refers to a person who
knowingly promotes, aids, or assists, employs, uses,
persuades, induces, or coerces a child, or a person
responsible for the welfare of a child, who knowingly permits
or encourages a child to engage in, or assist others to engage
in, prostitution or a live performance involving obscene
sexual conduct, or to either pose or model alone or with
others for purposes of preparing a film, photograph, negative,
slide, drawing, painting or other pictorial depiction
involving obscene sexual conduct. (Penal Code §
11165.1(c)(2).)
2)States that any person who deprives or violates the personal
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liberty of another with the intent to obtain forced labor or
services, is guilty of human trafficking and shall be punished
by imprisonment in the state prison for 5, 8, or 12 years and
a fine of not more than five hundred thousand dollars
($500,000). (Pen. Code § 236.1, subd. (a).)
3)Specifies that any person who deprives or violates the
personal liberty of another with the intent to effect or
maintain a violation of specified sex offenses, is guilty of
human trafficking and shall be punished by imprisonment in the
state prison for 8, 14, or 20 years and a fine of not more
than five hundred thousand dollars ($500,000). (Pen. Code §
236.1, subd. (b).)
4)Provides that any person who causes or persuades, or attempts
to cause or persuade, a person who is a minor to engage in a
commercial sex act, with the intent to effect a violation of
specified sex offenses is guilty of human trafficking. A
violation of this subdivision is punishable by imprisonment in
the state prison as follows:
a) Five, 8, or 12 years and a fine of not more than five
hundred thousand dollars ($500,000). (Pen. Code § 236.1,
subd. (c)(1).)
b) Fifteen years to life and a fine of not more than five
hundred thousand dollars ($500,000) when the offense
involves force, fear, fraud, deceit, coercion, violence,
duress, menace, or threat of unlawful injury to the victim
or to another person. (Pen. Code § 236.1, subd. (c)(2).)
5)Allows the District Attorney of the County of Alameda, in
collaboration with county and community-based agencies, to
develop, as a component of the specified pilot project,
protocols for identifying and assessing minors, upon arrest or
detention by law enforcement, who may be victims of commercial
sexual exploitation. (Welf. And Inst. Code § 18259, subd.
(b).)
6)Specifies that the District Attorney of the County of Alameda,
in collaboration with county and community-based agencies that
serve commercially sexually exploited minors, may develop, as
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a component of the specified pilot project, a diversion
program reflecting the best practices to address the needs and
requirements of arrested or detained minors who have been
determined to be victims of commercial sexual exploitation.
(Welf. And Inst. Code § 18259, subd. (c).)
7)Permits the District Attorney of the County of Alameda, in
collaboration with county and community-based agencies, to
form, as a component of the specified pilot project, a
multidisciplinary team including, but not limited to, city
police departments, the county sheriff's department, the
public defender's office, the probation department, child
protection services, and community-based organizations that
work with or advocate for commercially sexually exploited
minors. (Welf. And Inst. Code § 18259, subd. (d).)
8)Requires the District Attorney of the County of Alameda to
submit a report to the Legislature by April 1, 2016 that
summarizes the activities of the pilot project. (Welf. And
Inst. Code § 18259.1.)
9)States that the authorization for the pilot project in Alameda
County will expire on January 1, 2017, unless extended by the
Legislature. (Welf. And Inst. Code § 18259.5.)
10)Allows the County of Los Angeles to establish a pilot project
to develop a comprehensive, replicative, multidisciplinary
model to address the needs and effective treatment of
commercially sexually exploited minors who have been arrested
or detained by local law enforcement for a violation of
specified sexual offenses. (Welf. And Inst. Code § 18259.7,
subd. (a).)
11)Requires the District Attorney of the County of Los Angeles
to submit a report to the Legislature by April 1, 2016 that
summarizes the activities of the pilot project. (Welf. And
Inst. Code § 18259.7.)
12)States that the authorization for the pilot project in Los
Angeles County will expire on January 1, 2017, unless extended
by the Legislature. (Welf. And Inst. Code § 18259.10.)
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FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "California
remains at the forefront in the fight against human
trafficking and will continue to do so. Yet, there is not
currently a statewide entity working to coordinate the efforts
of all the relevant state agencies, to collect and analyze
multi-faceted human trafficking data from around the state,
and to increase awareness about human trafficking so that
members of the public know how to identify and report human
trafficking.
"AB 1731 creates such an entity, the California Interagency
Human Trafficking Task Force, with specific mandates for the
above-described action. As the fight against human
trafficking evolves in our state, the Task Force can evolve
with it, and future legislation can mandate further action.
"This statewide task force will be comprised of representatives
from state agencies involved in law enforcement, social
services, child welfare, labor, public health, and corrections
and rehabilitation, education, and the courts."
2)California Regional Task Forces on Human Trafficking: In 2004
and 2005, the U.S. Department of Justice awarded grants to
create six regional task forces in California to combat human
trafficking. In 2009 and 2010, the California Emergency
Management Agency used American Recovery and Reinvestment Act
grant funds to supplement the original six task forces and
establish three new regional task forces.
As part of their work to combat human trafficking, the task
forces provide training to a variety of audiences on how to
identify and respond to the crime. From mid-2010 to mid-2012,
California's task forces provided training to 25,591 law
enforcement personnel, prosecutors, victim service providers,
and other first responders.
( https://oag.ca.gov/human-trafficking/fighting )
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The nine regional task forces are:
East Bay Human Trafficking Task Force
Fresno Coalition Against Human Trafficking
Los Angeles Metro Area Task Force on Human Trafficking
North Bay Human Trafficking Task Force
Orange County Human Trafficking Task Force
Riverside County Anti-Human Trafficking Task Force
Sacramento Innocence Lost Task Force
San Diego North County Anti-Human Trafficking Task Force
San Jose/South Bay Human Trafficking Task Force.
The regional task forces are comprised of various combinations
of local law enforcement agencies district and non-profits
with expertise on issues involving human trafficking.
3)Multisector and Interagency Initiatives to Address
Trafficking: In 2013, the Institute of Medicine and the
National Research Council prepared a guide for providers of
victim services for minors that had been trafficked. The
guide pointed out that each of the sectors involved in
addressing commercial sexual exploitation and sex trafficking
of minors-victim and support services, health care, education,
the legal sector, and the commercial sector-has specific roles
to play. Adequate responses to trafficking of minors requires
collaboration and coordination among all of these sectors, as
well as at all levels-federal, state, and local. Yet the
efforts of individuals, groups, and organizations in different
sectors and with different areas of expertise tend to be
disconnected. (Confronting Commercial Sexual Exploitation and
Sex Trafficking of Minors in the United States, A Guide for
Providers of Victim and Support Services, Institute of
Medicine and National Research Council, pp. 26-27.)
The Institute of Medicine and the National Research Council
recommended the use multisector and interagency initiatives to
address commercial sexual exploitation and sex trafficking of
minors. The guide identified existing task forces on the
federal level (Trafficking Victims Protection Act (2013)), as
effective mechanisms to coordinate responses between agencies.
(Confronting Commercial Sexual Exploitation and Sex
Trafficking of Minors in the United States, A Guide for
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Providers of Victim and Support Services, Institute of
Medicine and National Research Council, p.27.)
4)Alameda County Pilot Project: The pilot project authorized
under AB 499 (Swanson), Chapter 359, Statutes of 2008, falls
within the East Bay Human Trafficking Task Force. The pilot
project is a component of "H.E.A.T (Human Exploitation and
Trafficking) Watch." H.E.A.T Watch is a multidisciplinary,
multisystem program that brings together individuals and
agencies from law enforcement, health care, advocacy, victim
and support services, the courts, probation agencies, the
commercial sector, and the community to (1) ensure the safety
of victims and survivors and (2) pursue accountability for
exploiters and traffickers. Strategies employed by H.E.A.T.
Watch include, among others, stimulating community engagement,
coordinating training and information sharing, and
coordinating the delivery of victim and support services.
The program uses a multisector approach to coordinate the
delivery of support services. For example, multidisciplinary
case review (modeled on the multidisciplinary team approach)
is used to create emergency and long-term safety plans.
Referrals for case review are made by law enforcement,
prosecutors, probation officials, and social service
organizations that have come into contact with these youth.
This approach enables members of the multidisciplinary team to
share confidential information with agencies that can assist
youth in need of services and support. (Confronting Commercial
Sexual Exploitation and Sex Trafficking of Minors in the
United States, A Guide for Providers of Victim and Support
Services. Institute of Medicine and National Research Council,
pp. 30-31.)
In a March 23, 2011 progress report on the AB 499 Diversion
Program, the Alameda County District Attorney's Office (ACDAO)
stated: "As a result of the passage of AB 499, the ACDAO has
been able to develop a comprehensive system response that
directs Commercially Sexually Exploited Children (CSEC) away
from the criminal justice system and into programs offering
specialized services essential for the stabilization, safety,
and recovery of these vulnerable children.
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The Legislature authorized a similar pilot project for Los
Angeles County. (SB 1279 (Pavley), Chapter 116, Statutes of
2010.)
5)Argument in Support: According to The California Statewide
Law Enforcement, ". . . ,we strongly support AB 1731 (Atkins),
which creates the Statewide Interagency Human Trafficking Task
Force consisting of the Department of Justice, the Department
of Corrections and Rehabilitation and other agencies.
"AB 1731 allows the various state agencies to gather data and
recommend protocols and best practices for training and
outreach to law enforcement, victim service providers, and
others. By collaborating on best practices, law enforcement
and community partners will be better equipped to handle cases
and encounters with human trafficking."
6)Related Legislation: AB 1730 (Atkins), authorizes the chief
probation officer of a county to create a program to provide
services to youth within the county that address the need for
services relating to the commercial sexual exploitation of
youth. AB 1730 will be heard in this committee today.
7)Prior Legislation:
a) AB 1623 (Atkins), Chapter 85, Statutes of 2014,
authorizes a local government or nonprofit organization to
establish a family justice center to assist specified types
of crime victims, including victims of human trafficking.
b) SB 1279 (Pavley), Chapter 116, Statutes of 2010,
established a pilot project in Los Angeles County to
create, implement, and deliver standardized training
curricula that would provide a protocol for law enforcement
and social services to assess and recognize sexually
exploited minors within the juvenile justice system.
c) AB 499 (Swanson), Chapter 359, Statutes of 2008,
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established a pilot project in Alameda County to create,
implement, and deliver standardized training curricula that
would provide a protocol for law enforcement and social
services to assess and recognize sexually exploited minors
within the juvenile justice system.
d) AB 22 (Lieber), Chapter 240, Statutes of 2005, created
California's first legislatively mandated human trafficking
taskforce which dissolved after the release of its report
in 2007.
REGISTERED SUPPORT / OPPOSITION:
Support
California Statewide Law Enforcement Association
Fraternal Order of Police, California State Lodge
State Coalition of Probation Organizations
Opposition
None
Analysis Prepared
by: David Billingsley / PUB. S. / (916) 319-3744