BILL ANALYSIS Ó
AB 1731
Page 1
ASSEMBLY THIRD READING
AB
1731 (Atkins)
As Amended May 27, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |7-0 |Quirk, Melendez, | |
| | | | |
| | | | |
| | |Jones-Sawyer, Lackey, | |
| | |Lopez, Low, Santiago | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |20-0 |Gonzalez, Bigelow, | |
| | |Bloom, Bonilla, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Roger | |
| | |Hernández, Holden, | |
| | |Jones, Obernolte, | |
| | |Quirk, Santiago, | |
| | |Wagner, Weber, Wood | |
| | | | |
| | | | |
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AB 1731
Page 2
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
within the Department of Justice consisting of representatives
from the following agencies:
a) A representative of the Department of Justice shall be
chair of the task force.
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;
f) The Department of Corrections and Rehabilitation;
g) The State Department of Education; and
h) The Judicial Council.
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i) The California Victim Compensation and Government Claims
Board.
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 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.
3)States that the protocols in this bill shall not duplicate
protocols developed by the California Child Welfare Council,
as specified.
EXISTING LAW:
1)States that "sexual exploitation" refers to a person who
knowingly promotes, aids, or assists, employs, uses,
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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.
2)States that any person who deprives or violates the personal
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 five, eight, or 12
years and a fine of not more than $500,000.
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 eight, 14, or 20 years and a fine of not more
than $500,000.
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, eight, or 12 years and a fine of not more than
$500,000.
b) Fifteen years to life and a fine of not more than
$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.
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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.
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
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.
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.
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.
9)States that the authorization for the pilot project in Alameda
County will expire on January 1, 2017, unless extended by the
Legislature.
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
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commercially sexually exploited minors who have been arrested
or detained by local law enforcement for a violation of
specified sexual offenses.
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.
12)States that the authorization for the pilot project in Los
Angeles County will expire on January 1, 2017, unless extended
by the Legislature.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, moderate General Fund cost to the Department of
Justice of $175,000 in 2016-17 and $313,000 annually thereafter,
for two positions.
COMMENTS: 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
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from state agencies involved in law enforcement, social
services, child welfare, labor, public health, and corrections
and rehabilitation, education, and the courts."
Analysis Prepared by:
David Billigsley/ PUB. S. / (916) 319-3744 FN: 0003160