BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1760


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          Date of Hearing:  April 12, 2016
          Counsel:               David Billingsley


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                       Reginald Byron Jones-Sawyer, Sr., Chair





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


                       As Proposed to be Amended in Committee


          SUMMARY:  Directs a peace officer who determines that a minor is  
          a victim of human trafficking to report such abuse, consult with  
          a child welfare worker about a safe placement for the minor, and  
          transport the minor to such placement, unless the minor is  
          otherwise arrested.  Specifies that the officer should provide  
          information that the minor has committed crimes as a direct  
          result of being a human trafficking victim to the district  
          attorney's office for independent evaluation.  Specifically,  
          this bill:  

          1)Directs a peace officer coming in contact with a person  
            suspected to be a victim of human trafficking to make best  
            efforts to determine whether the person is a minor who is a  
            human trafficking victim.

          2)Allows the officer to seek the assistance of human trafficking  
            experts within or affiliated with the law enforcement agency,  
            and Non-Governmental Organizations with specialized training  
            and experience in human trafficking, to make a determination  
            whether a person is minor who is a human trafficking victim.

          3)Specifies that if the peace officer determines that the person  








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            is a minor who is a human trafficking victim and the officer  
            has probable cause to believe that the minor has committed  
            other crimes as a direct result of being a human trafficking  
            victim, the peace officer shall make a record of those  
            determinations and provide the district attorney of the county  
            with such record for independent evaluation.  

          4)States that unless the minor is otherwise arrested, upon  
            making the determination that the minor is a victim of human  
            trafficking the peace officer shall:

             a)   Report suspected abuse or neglect of that minor to the  
               agency given responsibility for investigation of cases of  
               neglect and abuse; and 

             b)   Consult with the child welfare worker regarding safe  
               placement for the minor which will separate the minor from  
               the trafficker and from being trafficked and transport the  
               minor to that placement.  

          5)Allows an officer to take a minor into temporary protective  
            custody upon a reasonable belief that specified conditions are  
            met, including that custody is necessary to protect the minor  
            from a person found or suspected to have committed human  
            trafficking.

          6)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.

          7)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; and 









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

          8)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  
            protect them from traffickers and provide needed specialized  
            support and services.

          9)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. 

          10)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.

          11)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. 

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

          13)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. 

          14)States that the administrator certification program for group  








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            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.

          15)Requires the California Child Welfare Council to provide  
            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; and









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             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).)

          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  








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            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).)


          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  








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            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)States that except as specified, a mandated reporter shall  
            make a report to an agency, as specified, whenever the  
            mandated reporter, in his or her professional capacity or  
            within the scope of his or her employment, has knowledge of or  
            observes a child whom the mandated reporter knows or  
            reasonably suspects has been the victim of child abuse or  
            neglect. (Pen. Code, § 11166, subd. (a).)


          13)Requires the mandated reporter to make an initial report by  
            telephone to the agency immediately or as soon as is  
            practicably possible, and shall prepare and send, fax, or  
            electronically transmit a written follow-up report within 36  
            hours of receiving the information concerning the incident.  
            (Pen. Code, § 11166, subd. (a).)


          14)Specifies that POST shall implement by January 1, 2007, a  
            course or courses of instruction for the training of law  
            enforcement officers in California in the handling of human  
            trafficking complaints and also shall develop guidelines for  
            law enforcement response to human trafficking. (Pen. Code  
            13519.14, subd. (a).)


          15)States that the instruction and the guidelines shall stress  
            the dynamics and manifestations of human trafficking,  
            identifying and communicating with victims, providing  
            documentation that satisfy the Law Enforcement Agency (LEA)  
            endorsement required by federal law, collaboration with  
            federal law enforcement officials, therapeutically appropriate  
            investigative techniques, the availability of civil and  
            immigration remedies and community resources, and protection  
            of the victim. (Pen. Code 13519.14, subd. (a).)  









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          16)Requires every law enforcement officer who is assigned field  
            or investigative duties to complete a minimum of two hours of  
            training in a course or courses of instruction pertaining to  
            the handling of human trafficking complaints as described in  
            subdivision (a) by July 1, 2014, or within six months of being  
            assigned to that position, whichever is later. (Pen. Code  
            13519.14, subd. (e).)


          17)Specifies that any peace officer may, without a warrant, take  
            into temporary custody a minor when the officer has reasonable  
            cause for believing that the minor has an immediate need for  
            medical care, or the minor is in immediate danger of physical  
            or sexual abuse, or the physical environment or the fact that  
            the child is left unattended poses an immediate threat to the  
            child's health or safety, and the minor meets other specified  
            criteria. (Welf. & Inst. Code, § 305.)


          18)Specifies that if a child has suffered, or there is a  
            substantial risk that the child will suffer, serious physical  
            harm or illness, as a result of the failure or inability of  
            his or her parent or guardian to adequately supervise or  
            protect the child, or the willful or negligent failure of the  
            child's parent or guardian to adequately supervise or protect  
            the child from the conduct of the custodian with whom the  
            child has been left, is within the jurisdiction of the  
            juvenile court and may be found to be a dependent child of the  
            court.  (Welf. & Inst. Code, § 300, subd. (b)(1).)


          19)States that a child who is sexually trafficked, as specified,  
            or who receives food or shelter in exchange for, or who is  
            paid to perform, sexual acts as specified, and whose parent or  
            guardian failed to, or was unable to, protect the child, is  
            within the jurisdiction of the juvenile court and may be found  
            to be a dependent child of the court. (Welf. & Inst. Code, §  
            300, subd. (b)(2).)


          20)Specifies that persons who committed the act or made the  








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            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  
            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." 
           








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          2)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  
            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.  

          3)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)  








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               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  
               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.)

          4)As Proposed to be Amended in Committee:  The proposed  
            amendments:

             a)   Delete language which prohibits the arrest or  
               prosecution of minors engaged in prostitution related  
               offenses.

             b)   Delete language which 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.

             c)   Delete language which provides immunity from prosecution  
               for non-violent offenses determined by a peace officer to  
               be directly related to being a victim of human trafficking.

             d)   Delete language which requires any record of an arrest  
               previously made to be sealed and destroyed if an officer  
               makes the specified factual determination.








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             e)   Add language which requires a peace officer coming in  
               contact with a person suspected to be a victim of human  
               trafficking to make best efforts to determine whether the  
                                                           person is a minor who is a human trafficking victim.

             f)   Add language which allows the officer to seek the  
               assistance of human trafficking experts within or  
               affiliated with the law enforcement agency, and  
               Non-Governmental Organizations with specialized training  
               and experience in human trafficking, to make a  
               determination whether a person is minor who is a human  
               trafficking victim.

             g)   Add language which specifies that if the peace officer  
               determines that the person is a minor who is a human  
               trafficking victim and the officer has probable cause to  
               believe that the minor has committed other crimes as a  
               direct result of being a human trafficking victim, the  
               peace officer shall make a record of those determinations  
               and provide the district attorney of the county with such  
               record for independent evaluation.  

             h)   Add language which states that unless the minor is  
               otherwise arrested, upon making the determination that the  
               minor is a victim of human trafficking the peace officer  
               shall:

               i)     report suspected abuse or neglect of that minor to  
                 the agency given responsibility for investigation of  
                 cases of neglect and abuse; and 

               ii)    consult with the child welfare worker regarding safe  
                 placement for the minor which will separate the minor  
                 from the trafficker and from being trafficked and  
                 transport the minor to that placement.  

             i)   Add language which allows an officer to take a minor  
               into temporary protective custody upon a reasonable belief  
               that specified conditions are met, including that custody  
               is necessary to protect the minor from a person found or  
               suspected to have committed human trafficking.








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             j)   Make technical, non-substantive changes. 
             
          5)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,  
            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  








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            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  
            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  








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            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." 

          6)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,  
            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."

          7)Related Legislation:  

             a)   AB 1675 (Stone) would provide that a minor who commits  
               the crimes of solicitation, prostitution, or loitering with  
               the intent to commit prostitution, is subject to the  








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               jurisdiction of the juvenile dependency court rather than  
               delinquency court.  AB 1675 is pending in the Assembly  
               Judiciary 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 the Assembly Appropriations  
               Committee.

             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 being heard in this committee today.

             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  
               in the 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.

          8)Prior Legislation:  

             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  








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               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  
               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








                                                                    AB 1760


                                                                    Page  18


          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
          Jewish Public Affairs Committee of 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