BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1760


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          Date of Hearing:  May 11, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          1760 (Santiago) - As Amended April 26, 2016


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          |Policy       |Public Safety                  |Vote:|7 - 0        |
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          |             |Human Services                 |     |6 - 0        |
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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY:


          This bill directs a peace officer to take specific action when  
          coming in contact with a person who may be a victim of human  
          trafficking.  AB 1760 also imposes a number or requirements on  








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          the Department of Social Services (DSS), Department of Health  
          Care Services (DHCS), and the Commission on Peace Officer  
          Standards and Training (POST) related to child trafficking.    
          Specifically, this bill 


          1)Requires a peace officer, when coming into contact with a  
            person who is suspected to be a victim of human trafficking,  
            to make best efforts to determine if the person is such a  
            victim and further authorizes a peace officer to seek the  
            assistance of human trafficking experts, as specified, to make  
            a determination whether a person is a minor who is a human  
            trafficking victim.


          2)Requires a peace officer to record the determination and  
            provide it to the district attorney when that officer has both  
            determined that a minor is a victim of human trafficking and  
            also suspects that the minor has committed other crimes as a  
            direct result of being a human trafficking victim.


          3)Requires a peace officer to report suspected abuse or neglect  
            of a minor who is determined to be a victim of human  
            trafficking to the appropriate agency, and requires the peace  
            officer to consult with a child welfare worker regarding safe  
            placement for the minor for the purpose of separating the  
            minor from his or her trafficker, and further requires the  
            peace officer to transfer the minor to that placement.


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








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          5)Requires DSS and DHCS, in consultation with specified  
            stakeholders, to identify tools and best practices to screen,  
            assess, and serve labor-trafficked minors, and report this  
            information to the Legislature by July 1, 2018.


          6)Requires (POST), by July 1, 2018, to update its training to  
            include specific instruction on law enforcement  
            responsibilities to determine the status of children as  
            victims of human trafficking, as specified.


          FISCAL EFFECT:


          Unknown but significant reimbursable state mandated costs (GF)  
          by requiring a local peace officer to undertake additional  
          activities related to minors suspected of being victims of human  
          trafficking.  However, since law enforcement agencies are  
          already mandated reporters, it is not clear the actual activity  
          that is reimbursable.


          One-time cost in the range of $250,000 to $300,000 (GF) to DSS  
          for two or three positions to staff the working group and amend  
          the certification programs.


          One-time cost of $230,000 (GF) for POST to update their human  
          trafficking training guidelines and curricula by July 1, 2018. 


          One-time cost in the range of $150,000 (GF) to DHCS for 1.5  
          positions to coordinate with DSS.


          COMMENTS:








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          1)Purpose. 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." 


            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  
            minors who are victims and survivors of commercial sexual  
            exploitation and sex trafficking.


          2)Support:  According to The California Public Defenders  
            Association, while law enforcement officers are often the  
            earliest to respond to minors that are the victims of  
            commercial sexual exploitation and sex trafficking, many law  
            enforcement personnel do not recognize commercial sexual  
            exploitation and sex trafficking of minors as serious  
            problems.  As a result, they fail to identify victims of these  








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            crimes and may be uncertain about how to handle these cases.


          3)Oppose. According to The California State Sheriffs'  
            Association, "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."

































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          4)Related Legislation:  
             a)   AB 1675 (Stone), also on today's calendar, provides that  
               a minor who commits the crimes of solicitation,  
               prostitution, or loitering with the intent to commit  
               prostitution, is subject to the jurisdiction of the  
               juvenile dependency court rather than delinquency court.  

             b)   AB 1731 (Atkins), currently in this committee's Suspense  
               file, 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.

             c)   AB 1761 (Weber), also on today's calendar, creates 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), also on today's calendar, allows 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.  

             e)   SB 1322 (Mitchell), in Senate Appropriations Committee,  
               decriminalizes specified prostitution related offenses  
               committed by a person under 18, but authorizes a peace  
               officer to take a minor into temporary custody.   

          5)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.  








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             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), 2012, 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 in this committee's Suspense file.

             d)   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.


            Analysis Prepared by:Pedro Reyes / APPR. / (916)  
          319-2081















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