BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1760


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          Date of Hearing:  April 5, 2016
          Counsel:               David Billingsley


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                       Reginald Byron Jones-Sawyer, Sr., Chair





          AB  
                    1760 (Santiago) - As Introduced  February 2, 2016




          SUMMARY:  Requires police officers to make a determination if a  
          minor arrestee is victim of human trafficking or has engaged in  
          a commercial sex act.  Provides the minor with immunity from  
          arrest and prosecution for non-violent offenses committed as a  
          direct result of being trafficked.  Provides immunity from  
          arrest and prosecution for minors that exchange sex acts for  
          payment.  Specifically, this bill:  

          1)Requires a peace officer to determine whether a suspect of a  
            crime is a minor who has engaged in a commercial sex act or is  
            a minor who is a human trafficking victim, and whether any  
            nonviolent crime that person is suspected of was committed as  
            a direct result of being trafficked. 

          2)Prohibits the arrest of a minor for the suspected crime, if  
            the minor meets the criteria stated above.

          3)Requires any record of an arrest previously made to be sealed  
            and destroyed if an officer makes the specified factual  
            determination.

          4)Requires the peace officer to report suspected abuse or  
            neglect of the minor to the county child welfare agency if the  








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            officer has made the specified determination.

          5)Prohibits the arrest or punishment of a minor who has  
            exchanged or attempted to exchange sex acts in return for  
            money or other consideration, commencing June 30, 2017.

          6)Prohibits the arrest or punishment of a minor who has loitered  
            in a public place with the intent to exchange sex acts in  
            return for money or other consideration, commencing June 30,  
            2017. 

          7)The bill would instead allow the person to be adjudicated a  
            dependent of the juvenile court and would require a peace  
            officer to report suspected abuse or neglect to the county  
            child welfare agency. 

          8)Requires the Commission on Peace Officer Standards and  
            Training (POST) to update its training to conform with changes  
            in law that this bill would make prohibiting the arrest and  
            punishment of minor victims of human trafficking.

          9)Enacts the State Plan to Serve and Protect Child Trafficking  
            Victims and would require the California Health and Human  
            Services Agency, no later than January 30, 2017, to convene an  
            interagency workgroup, as specified, to develop the plan with  
            the following minimum requirements:

             a)   A multiagency-coordinated child trafficking response  
               protocol and guidelines for local implementation that  
               establish clear lines of ongoing responsibility to ensure  
               that child trafficking victims have access to the necessary  
               continuum of treatment options. 

             b)   Requires the workgroup to submit the plan to the  
               Legislature, Judicial Council, and Governor no later than  
               January 30, 2018.

          10)Requires the State Department of Social Services to establish  
            a working group in consultation with county welfare  
            departments and other stakeholders to develop recommendations  
            for the board, care, and supervision of child trafficking  
            victims who are in need of placement in facilities that will  








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            protect them from traffickers and provide needed specialized  
            support and services.

          11)States that the State Department of Social Services, with  
            input from specified stakeholders, to identify, develop, and  
            disseminate screening tools for use by county child welfare  
            and probation staff to identify children who are child  
            trafficking victims. 

          12)Requires the State Department of Social Services no later  
            than December 31, 2017, to provide counties with guidance on  
            the use of the screening tools.

          13)Specifies that the State Department of Social Services and  
            the State Department of Health Care Services, in consultation  
            with specified stakeholders, shall identify tools and best  
            practices to screen, assess, and serve child trafficking  
            victims. 

          14)Requires the State Department of Social Services to develop  
            curriculum and provide training to local multidisciplinary  
            teams no later than December 31, 2017.

          15)Requires each county to develop an interagency protocol to be  
            utilized in serving child trafficking victims. The bill would  
            require each county's protocol to be adopted by the board of  
            supervisors no later than June 30, 2017. The bill would  
            require the protocols to identify the roles and  
            responsibilities of county based agencies and local service  
            responders in serving victims of trafficking or commercial  
            sexual exploitation. 

          16)States that the administrator certification program for group  
            homes, the administrator certification program for short-term  
            residential treatment centers, mandatory training for licensed  
            or certified foster parents, and training for mandated child  
            abuse reporters and child welfare personnel shall include  
            instruction on cultural competency and sensitivity and related  
            best practices for providing adequate care to child  
            trafficking victims.

          17)Requires the California Child Welfare Council to provide  








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            recommendations and updates to the State Plan to Serve and  
            Protect Child Trafficking Victims.

          EXISTING LAW:  

          1)Requires law enforcement agencies to use due diligence to  
            identify all victims of human trafficking, regardless of the  
            citizenship of the person. (Pen. Code, § 236.2.):

          2)Specifies that when a peace officer comes into contact with a  
            person who has been deprived of his or her personal liberty, a  
            minor who has engaged in a commercial sex act, a person  
            suspected of violating specified prostitution offenses, or a  
            victim of a crime of domestic violence or sexual assault, the  
            peace officer shall consider whether the following indicators  
            of human trafficking are present (Pen. Code, § 236.2.):

             a)   Signs of trauma, fatigue, injury, or other evidence of  
               poor care.

             b)   The person is withdrawn, afraid to talk, or his or her  
               communication is censored by another person.

             c)   The person does not have freedom of movement.

             d)   The person lives and works in one place.

             e)   The person owes a debt to his or her employer.

             f)   Security measures are used to control who has contact  
               with the person.

             g)   The person does not have control over his or her own  
               government-issued identification or over his or her worker  
               immigration documents.

          3)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 5, 8, or 12 years and  
            a fine of not more than five hundred thousand dollars  
            ($500,000). (Pen. Code § 236.1, subd. (a).)








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          4)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).)  

          5)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).)

             a)   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).)


          6)Defines "coercion" as "any scheme, plan, or pattern intended  
            to cause a person to believe that failure to perform an act  
            would result in serious harm to or physical restraint against  
            any person; the abuse or threatened abuse of the legal  
            process; debt bondage; or providing and facilitating the  
            possession of any controlled substance to a person with the  
            intent to impair the person's judgment." (Pen. Code § 236.1,  
            subd. (h)(1).)


          7)Defines "commercial sex act" as "sexual conduct on account of  
            which anything of value is given or received by any person."  
            (Pen. Code § 236.1, subd. (h)(2).)










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          8) Defines "deprivation or violation of the personal liberty of  
            another" as "substantial and sustained restriction of  
            another's liberty accomplished through force, fear, fraud,  
            deceit, coercion, violence, duress, menace, or threat of  
            unlawful injury to the victim or to another person, under  
            circumstances where the person receiving or apprehending the  
            threat reasonably believes that it is likely that the person  
            making the threat would carry it out." (Pen. Code § 236.1,  
            subd. (h)(3).)


          9)Defines "duress" as a "direct or implied threat of force,  
            violence, danger, hardship, or retribution sufficient to cause  
            a reasonable person to acquiesce in or perform an act which he  
            or she would otherwise not have submitted to or performed; a  
            direct or implied threat to destroy, conceal, remove,  
            confiscate, or possess any actual or purported passport or  
            immigration document of the victim; or knowingly destroying,  
            concealing, removing, confiscating, or possessing any actual  
            or purported passport or immigration document of the victim."  
            (Pen. Code § 236.1, subd. (h)(5).)


          10)Defines "Forced labor or services" as labor or services that  
            are performed or provided by a person and are obtained or  
            maintained through force, fraud, duress, or coercion, or  
            equivalent conduct that would reasonably overbear the will of  
            the person. (Pen. Code § 236.1, subd. (h)(5).)


          11) Specifies that the total circumstances, including the age of  
            the victim, the relationship between the victim and the  
            trafficker or agents of the trafficker, and any handicap or  
            disability of the victim, shall be factors to consider in  
            determining the presence of "deprivation or violation of the  
            personal liberty of another," "duress," and "coercion" as  
            described in this section. (Pen. Code § 236.1, subd. (i).)

          12)Specifies that persons who committed the act or made the  
            omission under threats or menaces sufficient to show that they  
            had reasonable cause to and did believe their lives would be  
            endangered if they refused, are not guilty of a crime (unless  








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            the crime be punishable with death). (Pen. Code, § 26.)

          FISCAL EFFECT:  Unknown

          COMMENTS:  

          1)Author's Statement:  According to the author, "Child victims  
            of human trafficking are forced, induced, or coerced into  
            providing labor services, or sex. A trafficked child may be  
            compelled to engage in illegal activities such as prostitution  
            or selling drugs. Instead of being identified as trafficked  
            and treated as victims, many are treated as criminals and  
            prosecuted for the very crimes that were part of the  
            traffickers' victimization and profit. 

          "Currently in California, a minor can be prosecuted for  
            prostitution and for non-violent crimes their traffickers  
            forced them to commit. Arrest and prosecution further  
            traumatizes the victim and leaves him or her with a profound  
            distrust of law enforcement. This can deter victims from  
            seeking assistance or leave them vulnerable to continued  
            exploitation. Furthermore, the criminal record that results  
            from being arrested and prosecuted as a child can create  
            long-term barriers to education, employment, housing, and  
            other opportunities.

          "AB 1760 is necessary in order to protect trafficked child  
            victims from being criminalized and to ensure there is a  
            system in place that effectively identifies, houses, and cares  
            for all trafficked children. This measure will reduce a  
            trafficked child victims' distrust of law enforcement,  
            establish multi-leveled coordinated efforts, ensure diversion  
            to supportive services, and prevent the negative psychological  
            impacts child trafficked victims have due to arrest and  
            detention." 

          2)Decriminalization of Minors Engaged in Prostitution: This bill  
            would prohibit the arrest or punishment of a minor who has  
            exchanged or attempted to exchange sex acts in return for  
            money or other forms of payment.  Under current law, minors  
            committing prostitution can be arrested by law enforcement.   
            Those minors are then dealt with through the juvenile justice  








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            system.  By decriminalizing prostitution of minors, those  
            minors could no longer be arrested and would not go through  
            the juvenile justice system.  This bill would instead allow a  
            temporary detention of the minor and a referral to the child  
            welfare system (child protective services).  

          There are tensions between addressing the problem of minors  
            engaged in prostitution through the juvenile justice system  
            versus child protective services.  The ability to arrest a  
            minor and go through the juvenile justice system arguably  
            provides a higher likelihood that the minor will receive  
            services.  There is concern without a court process that has  
            the ability to impose sanctions, the minor will simply return  
            to the situation in which they had been engaging in  
            prostitution.  The child welfare system does not have the  
            ability to provide a way to mandate services for a minor, or  
            prevent the minor from returning to the life that involved  
            prostitution.  

          However, there are concerns about arresting minors engaged in  
            prostitution and processing them through the juvenile justice  
            system.  To the extent that a minor engaged in prostitution is  
            a victim of crime, arresting them and charging them with a  
            crime are acts which treat them as a criminal.  There is a  
            concern that if a minor is subject to arrest they will be less  
            likely to cooperate with law enforcement to seek help  
            regarding their trafficker.  There is also a concern that a  
            minor would be less likely to seek services because of the  
            minor is worried about coming in contact with authorities that  
            might treat them as criminals.

          Many district attorney offices throughout the state are choosing  
            to handle minors involved in prostitution through the juvenile  
            justice system, but diverting them very early in the process  
            to programs that can provide the juvenile appropriate  
            services.  Such diversion programs allow the minor to avoid  
            any juvenile conviction.  
           
          3)Peace Officers are Already Mandated Reporters of Child Abuse  
            or Neglect:  The California Child Abuse Neglect Reporting Act  
            (CANRA) requires mandatory reporting when certain individuals  
            suspect that a child has been abused or neglected.  Law  








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            enforcement officers are one of the groups which have  
            mandatory reporting responsibilities.

          A mandated reporter must make a report whenever, in his/her  
            professional capacity or within the scope of his/her  
            employment, he/she has knowledge of, or observes a child (a  
            person under 18) whom the mandated reporter knows or  
            reasonably suspects has been the victim of child abuse or  
            neglect.  Abuse includes the sexual exploitation of a child.

          When law enforcement suspects abuse or neglect they inform child  
            protective services and the district attorney's office of the  
            suspected abuse.  

          4)This Bill Requires Police Officers to Take On Responsibilities  
            Normally Reserved For the Judicial System:  This bill requires  
            officers to not only make a determination about whether or not  
            a juvenile suspect they encounter on the street is a victim of  
            human trafficking, but also whether there are other crimes (in  
            any jurisdiction) that are a direct result of being  
            trafficked.  The requirement that the officer determine if  
            there are other crimes that are a direct result of being  
            trafficked requires the officer to make legal determinations  
            ordinarily made by district attorneys and courts.  The  
            determination that an individual is a victim of human  
            trafficking can require investigative resources and  
            information not available to an officer making a decision in  
            the field about whether to arrest a suspect.   

          Officers are not in a position to make a factual and legal  
            determinations other cases about which they have not  
            investigated, or cases in other law enforcement jurisdictions.  
             Generally, if an officer determines that a crime has in fact  
            been committed, but there is a claim that the individual was  
            forced to engage in the crime, the officer would refer the  
            case to the district attorney's office for evaluation.  That  
            claim would be evaluated by the district attorney's office and  
            if not resolved, be contested in court.

          Often the arresting officer doesn't have the ability to make a  
            determination about facts that need to be investigated beyond  
            the scene of the arrest.  The determination of whether someone  








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            is a victim of human trafficking is going to require  
            investigation which cannot be done at the scene of the arrest.  
             To require the arresting officer to make such a determination  
            would place demands on that officer which have traditionally  
            been placed on the judicial system.

          This bill not only places a burden on the officer to make  
            determinations which can be outside the reach of his or her  
            ability to immediately determine, but expects the officer to  
            make determinations on cases in which the juvenile is a  
            suspect, but about which the officer has no personal  
            knowledge.

          5)The Existing Legal Defenses of Duress and Necessity Can Apply  
            to Victims of Human Trafficking Forced to Commit Crimes:   
            California law provides the possibility of defenses based on  
            duress or necessity when a person commits a crime to avoid a  
            significant danger to themselves or others.  These defenses  
            certainly can apply to situations in which victims of human  
            trafficking are forced into criminal behavior by their  
            trafficker.  Circumstances consistent with a defense of duress  
            or necessity can be considered by a district attorney's office  
            when they decide what criminal charges to file, or whether  
            charges will be filed at all.  If charges are filed, evidence  
            to establish these defenses can be presented as part of the  
            court process.

          The instruction the jury would receive when considering the  
            defense of duress is as follows:

               The defendant acted under duress if, because of threat or  
               menace, (he/she) believed that (his/her/ [or] someone  
               else's) life would be in immediate danger if (he/she)  
               refused a demand or request to commit the crime[s]. The  
               demand or request may have been express or implied.
                
               The defendant's belief that (his/her/ [or] someone else's)  
               life was in immediate danger must have been reasonable.  
               When deciding whether the defendant's belief was  
               reasonable, consider all the circumstances as they were  
               known to and appeared to the defendant and consider what a  
               reasonable person in the same position as the defendant  








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               would have believed. (Calcrim 3402.)

            A defense of necessity is similar to duress.

               To justify an instruction on the defense of necessity, a  
               defendant must present evidence sufficient to establish  
               that she violated the law (1) to prevent a significant  
               bodily harm or evil to themselves or someone else, (2) with  
               no reasonable legal alternative, (3) without creating a  
               greater danger than the one avoided, (4) with a good faith  
               belief that the criminal act was necessary to prevent the  
               greater harm, (5) with such belief being objectively  
               reasonable, and (6) under circumstances in which she did  
               not substantially contribute to the emergency. (Calcrim  
               3403.)

          6)Argument in Support:  According to The California Public  
            Defenders Association, "Commercial sexual exploitation and sex  
            trafficking of minors should be understood as acts of abuse  
            and violence against minors.  Minors who are commercially  
            sexually exploited or trafficked for sexual purposes should  
            not be considered criminals.  Identification of victims and  
            survivors and any intervention, above all, should do no  
            further harm to any child or adolescent.  There is substantial  
            and compelling evidence that commercial exploitation and sex  
            trafficking of minors in the United States are serious  
            problems with immediate and long-term adverse consequences for  
            children and adolescents, as well as for families,  
            communities, and society as a whole.  Efforts to identify and  
                                                                      respond to the commercial sexual exploitation and sex  
            trafficking of minors in the United States are emerging, but  
            efforts to date are largely under supported, insufficient,  
            uncoordinated, and unevaluated.  Efforts to prevent, identify,  
            and respond to commercial sexual exploitation and sex  
            trafficking of minors require collaborative approaches that  
            build upon the core capabilities of people and entities from a  
            range of sectors.

          "Law enforcement officers are often the earliest to respond to  
            minors that are the victims of commercial sexual exploitation  
            and sex trafficking.  Their knowledge and ability to identify  
            victims, investigate cases for appropriate treatment/services,  








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            and make appropriate referrals/recommendations to the court is  
            crucial to the development of an overall response to  
            commercial sexual exploitation and sex trafficking of minors  
            at the earliest opportunity.  That said, many law enforcement  
            personnel do not recognize commercial sexual exploitation and  
            sex trafficking of minors as serious problems.  As a result,  
            they may fail to identify victims of these crimes and may be  
            uncertain about how to handle these cases.

          "Recently the Committee on The Commercial Sexual Exploitation  
            and Sex Trafficking of Minors in the United States  
            (Committee), Institute of Medicine and National Research  
            Council issued a report with The National Academies Press  
            entitled Confronting Commercial Sexual Exploitation and Sex  
            Trafficking of Minors in the United States, found that  
            "Although efforts to train personnel within the legal system  
            to address human trafficking have increased, the majority of  
            personnel in the system have not been trained to recognize and  
            respond to suspected or confirmed cases of commercial sexual  
            exploitation and sex trafficking of minors."  The Committee  
            further observed that "Juvenile justice personnel need  
            training in identifying victims of trafficking who are in the  
            system on charges unrelated to prostitution through intake  
            screenings, runaway and homeless programs, and programming in  
            juvenile detention centers."  Recommendations by the Committee  
            included the establishment of diversion programs so that youth  
            identified as victims of commercial sexual exploitation and  
            sex trafficking receive treatment as part of their  
            rehabilitation or in lieu of punishment; and that juvenile  
            justice agency personnel should refer youth identified as  
            victims of commercial sexual exploitation and sex trafficking  
            to appropriate treatment services.  The Committee further  
            recommended that states should develop laws and policies that  
            redirect young victims and survivors of commercial sexual  
            exploitation and sex trafficking from arrest and prosecution  
            as criminals or adjudication as delinquents to systems,  
            agencies and services that are equipped to meet their needs  
            and that such laws should apply to all children and  
            adolescents under age 18.  

          "It has also been recognized that many victim and support  
            service providers working with vulnerable youth lack an  








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            understanding of commercial sexual exploitation and sex  
            trafficking, and therefore may not recognize youth in their  
            care who are at risk of or are victims/survivors of these  
            abuses.  As a result, these service providers sometime fail to  
            connect youth in need to appropriate and timely services.  The  
            Committee further acknowledged that victims and survivors of  
            commercial sexual exploitation and sex trafficking are  
            frequently in need of services, often including out-of-home  
            placement, which are limited and often nonexistent.  This bill  
            would assist in insuring that law enforcement offices, other  
            stakeholders, and providers receive the appropriate training  
            to better assist the victims of commercial sexual exploitation  
            and sex trafficking and where necessary the appropriate  
            treatment and services for the care and treatment of exploited  
            children.  This bill would further provide for a consistent  
            and appropriate legal response to victims and survivors of  
            commercial sexual exploitation and sex trafficking." 

          7)Argument in Opposition:  According to The California State  
            Sheriffs' Association, "We are sympathetic to the plight of  
            crime victims, especially minor victims of human trafficking.   
            That said, this bill's response to horrific situation is to  
            inappropriately blend the roles of members of the criminal  
            justice system, potentially allow criminals to escape  
            liability, and inadvertently encourage human traffickers to  
            use minors in their illicit trade.

          "It is not the role of a frontline law enforcement officer to  
            make a determination that a person is actually the victim of a  
            crime.  Rather, officers gather facts and investigate crime  
            scenes to form reasonable beliefs about what might have  
            transpired.  It is the duty of the prosecutor to allege  
            liability and victim status, and perhaps confer immunity to  
            certain parties.  This bill jumbles that relationship and  
            requires peace officers to effectively determine whether or  
            not certain persons are criminally liable for their behavior.   
            The bill further usurps the roles of judges and juries who  
            ultimately determine culpability and punishment.

          "We also fear that this bill, inasmuch as it automatically  
            grants immunity to a minor who has committed any offense that  
            is not a violent felony if it results from human trafficking,  








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            will allow offenders to escape punishment.  Again, this  
            decision should be made by the judicial system and not  
            frontline law enforcement officers.  Additionally, given the  
            immunity provisions this bill creates, we believe that human  
            traffickers would be encouraged to utilize minors in their  
            illegal activities because minors are effectively precluded  
            from being arrested, charged, or penalized."

          8)Related Legislation:  

             a)   AB 1675 (Stone), would specify that a minor who commits  
               those crimes is not subject to criminal charges in the  
               juvenile court, but he or she may be adjudged a dependent  
               child of the child welfare court.  AB 1675 is pending  
               hearing in Assembly Public Safety Committee.

             b)   AB 1731 (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 1731 is pending hearing in Assembly Appropriations.

             c)   AB 1761 (Weber), would create an affirmative defense  
               against a charge of a nonviolent crime that was committed  
               as a direct result of being a human trafficking victim.  AB  
               1761 is pending hearing in the Assembly Public Safety  
               Committee.

             d)   AB 1762 (Campos), would allow an individual convicted of  
               a nonviolent crime while he or she was human trafficking  
               victim to apply to the court to vacate the conviction at  
               any time after it was entered.  AB 1762 is pending hearing  
               Assembly Appropriations Committee.

             e)   SB 1322 (Mitchell), would decriminalize specified  
               prostitution related offenses committed by person under 18,  
               but would authorize a peace officer to take a minor into  
               temporary custody.   SB 1322 is pending hearing in Senate  
               Public Safety Committee.

          9)Prior Legislation:  









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             a)   AB 1585 (Alejo), Chapter, 708, Statutes of 2014,  
               provides that a defendant who has been convicted of  
               solicitation or prostitution may petition the court to set  
               aside the conviction if the defendant can establish by  
               clear and convincing evidence that the conviction was the  
               result of his or her status as a victim of human  
               trafficking.  

             b)   AB 2040 (Swanson), Chapter 197, Statutes of 2012,  
               provides that a person who was adjudicated a ward of the  
               court for the commission of a violation of specified  
               provisions prohibiting prostitution may petition a court to  
               have his or her records sealed as these records pertain to  
               the prostitution offenses without showing that he or she  
               has not been subsequently convicted of a felony or  
               misdemeanor involving moral turpitude, or that  
               rehabilitation has been attained.  

             c)   AB 1940 (Hill), of the 2011-12 Legislative Session,  
               would have authorized a court to seal a record of  
               conviction for prostitution based on a finding that the  
               petitioner is a victim of human trafficking, that the  
               offense is the result of the petitioner's status as a  
               victim of that crime, and that the petitioner is therefore  
               factually innocent.  AB 1940 was held on the Assembly  
               Committee on Appropriations' Suspense File.

             d)   AB 702 (Swanson), of the 2011-12 Legislative Session,  
               would have allowed a person adjudicated a ward of the court  
               or a person convicted of prostitution to have his or her  
               record sealed or conviction expunged without showing that  
               he or she has not been subsequently convicted or that he or  
               she has been rehabilitated.  AB 702 was never heard by this  
               Committee and was returned to the Chief Clerk.

             e)   AB 22 (Lieber), Chapter 240, Statutes of 2005, created  
               the California Trafficking Victims Protection Act, which  
               established civil and criminal penalties for human  
               trafficking and allowed for forfeiture of assets derived  
               from human trafficking.  In addition, the Act required law  
               enforcement agencies to provide Law Enforcement Agency  
               Endorsement to trafficking victims, providing trafficking  








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               victims with protection from deportation and created the  
               human trafficking task force.


          REGISTERED SUPPORT / OPPOSITION:

          Support

          Coalition to Abolish Slavery & Trafficking (Sponsor)
          ACT for Women and Girls
          American Academy of Pediatrics
          American Association of University Women Long Beach
          California Church IMPACT
          California Public Defenders Association
          California Women's Law Center
          CAST Survivor Advisory Caucus
          California Public Defenders Association
          Clergy and Laity United for Economic Justice
          Coalition for Humane Immigrant Rights of Los Angeles
          Department on the Status of Women, City and County of San  
          Francisco
          Housing California
          Legal Services for Prisoners with Children
          Los Angeles Alliance for a New Economy
          Opening Doors
          National Association of Social Workers, California Chapter
          National Council of Jewish Women CA
          Religious Action Center of Reform Judaism
          Shared Hope International 

          Opposition
          
          California State Sheriffs' Association
          Office of the District Attorney, Alameda County
          Sacramento County District Attorney  

          Analysis Prepared  
          by:              David Billingsley / PUB. S. / (916) 319-3744












                                                                    AB 1760


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