BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1731


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          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