BILL NUMBER: AB 988 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 18, 2009
AMENDED IN ASSEMBLY APRIL 22, 2009
AMENDED IN ASSEMBLY APRIL 2, 2009
INTRODUCED BY Assembly Member Brownley
( Coauthor: Assembly Member
Ma )
FEBRUARY 27, 2009
An act to amend Section 13519.14 of , and to add Section
13835.11 to, the Penal Code, relating to human trafficking.
LEGISLATIVE COUNSEL'S DIGEST
AB 988, as amended, Brownley. Human trafficking: civil
actions: training of caseworkers. training content.
Existing law establishes the offense of human trafficking.
Existing law requires the Commission on Peace Officer Standards and
Training to implement a course or courses of instruction for the
training of law enforcement officers in California in the handling of
human trafficking complaints and to develop guidelines for law
enforcement response to human trafficking, as specified.
This bill would additionally require the commission, upon the next
regularly scheduled review of a training module relating to human
trafficking, to create and make available training content on the U
Visa, as specified.
Existing law requires the Director of Finance to designate an
agency or agencies to establish a statewide victim assistance
training program for specified purposes, including certifying
training programs.
This bill would require the agency designated by the Director of
Finance to certify the training program for human trafficking
caseworkers to be the same agency designated by the director to
certify the training program for sexual assault counselors. The bill
would require that agency to complete the certification of the
training program for human trafficking caseworkers on or before June
30, 2010.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13519.14 of the Penal Code is amended to read:
13519.14. (a) (1) The commission 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. The course or courses of
instruction and the guidelines shall stress the dynamics and
manifestations of human trafficking, identifying and communicating
with victims, providing documentation that satisfy
satisfies the law enforcement agency endorsement (LEA)
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. Where appropriate, the
training presenters shall include human trafficking experts with
experience in the delivery of direct services to victims of human
trafficking. Completion of the course may be satisfied by
telecommunication, video training tape, or other instruction.
(2) The commission shall, upon the next regularly scheduled review
of a training module relating to human trafficking, create and make
available training content on the U Visa as authorized by the
federal Victims of Trafficking and Violence Act
Protection Act of 2000 . The training shall
include how to inform victims about the U Visa and how to apply for a
U Visa. The training regarding the U Visa shall include, but not be
limited to, an explanation that it is available to noncitizen crime
victims who have suffered substantial physical or mental abuse from
criminal activity, have information regarding criminal activity, and
assist government officials in the investigation or prosecution of
that criminal activity, if the criminal activity violated United
States law or occurred in the United States, including Indian country
and military installations, or in the territories and possessions of
the United States. The training content shall be designed for, and
made available to, peace officers employed by law enforcement
agencies that participate in, and comply with, training standards set
forth by the commission.
(b) As used in this section, "law enforcement officer" means any
officer or employee of a local police department or sheriff's office,
and any peace officer of the California Highway Patrol, as defined
by subdivision (a) of Section 830.2.
(c) The course of instruction, the learning and performance
objectives, the standards for the training, and the guidelines shall
be developed by the commission in consultation with appropriate
groups and individuals having an interest and expertise in the field
of human trafficking.
(d) The commission, in consultation with these groups and
individuals, shall review existing training programs to determine in
what ways human trafficking training may be included as a part of
ongoing programs.
(e) Participation in the course or courses specified in this
section by peace officers or the agencies employing them is
voluntary.
SEC. 2. Section 13835.11 is added to the Penal
Code, to read:
13835.11. The agency designated by the Director of Finance
pursuant to Section 13820 to certify the training program for human
trafficking caseworkers, as defined in subdivision (b) of Section
1038.2 of the Evidence Code, shall be the same agency designated by
the Director of Finance to certify the training program for sexual
assault counselors, as defined in Section 1035.2 of the Evidence
Code. That agency shall complete the certification of the training
program for human trafficking caseworkers on or before June 30, 2010.