BILL ANALYSIS
AB 988
Page 1
GOVERNOR'S VETO
AB 988 (Brownley)
As Amended May 18, 2009
2/3 vote
PUBLIC SAFETY 6-1 APPROPRIATIONS 11-5
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|Ayes:|Solorio, Furutani, |Ayes:|De Leon, Ammiano, Charles |
| |Gilmore, Hill, Ma, | |Calderon, Davis, Krekorian, |
| |Skinner | |Hall, John A. Perez, Price, |
| | | |Skinner, Solorio, Torlakson |
| | | | |
|-----+--------------------------+-----+----------------------------|
|Nays:|Hagman |Nays:|Nielsen, Duvall, Harkey, |
| | | |Miller, |
| | | |Audra Strickland |
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|ASSEMBLY: |66-10|(May 26, 2009) |SENATE: |31-4 |(September 2, |
| | | | | |2009) |
| | | | | | |
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SUMMARY : Requires the Commission on Peace Officers Standards
and Training (POST), 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.
Specifically, this bill :
1)States that the Commission on POST 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 Victims of Trafficking and
Violence Act.
2)Provides that the training shall include how to inform victims
about the U Visa and how to apply for a U Visa. The training
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regarding the U Visa shall include, but not be limited to, an
explanation that it is available to non-citizen 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.
3)States that 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.
EXISTING LAW :
1)Provides for undocumented immigrants to receive U Visas if
they have suffered substantial physical or mental abuse
resulting from a wide range of criminal activity, and have
been helpful with the investigation and prosecution of the
crime.
2)Establishes the California Trafficking Victims Protection Act,
which provides civil and criminal penalties for trafficking in
human beings, allows for forfeiture of assets derived from
human trafficking, makes legislative findings and requires law
enforcement agencies to provide Law Enforcement Agency
Endorsement to trafficking victims, creates California
Alliance to Combat Trafficking and Slavery Task Force, and
provides restitution to victims.
3)Provides that human trafficking, involving adults, is
punishable by imprisonment up to five years and up to eight
years for human trafficking of a minor.
4)Allows asset forfeiture for offenses categorized as "criminal
profiteering." Includes "human trafficking" in the list of
crimes categorized as "criminal profiteering." Requires a
conviction of the underlying offense before asset forfeiture
under "criminal profiteering." Requires, among other things,
filing of a petition of forfeiture with the superior court,
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service of process of a notice and a forfeiture hearing.
Provides that the funds obtained through asset forfeiture be
distributed to legally recognizable interests, the local
governmental entity, for reimbursement, and the balance to the
general fund of the prosecuting state or local governmental
entity.
5)Establishes guidelines to ensure the proper utilization of the
laws permitting the drug-related seizure and forfeiture of
property, including the following:
a) Provides that law enforcement is the principal objective
of forfeiture. Potential revenue must not be allowed to
jeopardize the effective investigation and prosecution of
criminal offenses, officer safety, the integrity of ongoing
investigations, or the due process rights of citizens; and,
b) Prohibits a prosecutor's or sworn law enforcement
officer's employment or salary from being made to depend
upon the level of seizures or forfeitures he or she
achieves.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Minor absorbable costs, less than $25,000 to the Commission on
POST to create and make available, presumably via video as
part of the human trafficking training module, training on the
U Visa.
2)Moderate annual costs, likely in excess of $150,000 to
California Emergency Management Agency, depending on the
extent of the process, to certify the training program for
certification of human trafficking caseworkers.
COMMENTS : The U Visa was created by the Victims of Trafficking
and Violence Prevention Act, enacted in October 2000 and is
available to non-citizens who have suffered substantial physical
or mental abuse resulting from a wide range of criminal
activity, and have been helpful, are being helpful, or are
likely to be helpful with the investigation or prosecution of
AB 988
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the crime. The U Visa provides eligible immigrants with
authorized stay in the United States and employment
authorization.
"Human trafficking involves the recruitment, transportation or
sale of people for forced labor. Through violence, threats and
coercion, victims are forced to work in, among other things, the
sex trade, domestic labor, factories, hotels and agriculture.
According to the January 2005 United States Department of
State's Human Smuggling and Trafficking Center report, "Fact
Sheet: Distinctions Between Human Smuggling and Human
Trafficking", there is an estimated 600,000 to 800,000 men,
women and children trafficked across international borders each
year. Of these, approximately 80% are women and girls and up to
50% are minors. A recent report by the Human Rights Center at
the University of California, Berkeley cited 57 cases of forced
labor in California between 1998 and 2003, with over 500
victims. The report, "Freedom Denied", notes most of the
victims in California were from Thailand, Mexico, and Russia and
had been forced to work as prostitutes, domestic slaves, farm
laborers or sweatshop employees. [University of California,
Berkeley Human Rights Center, "Freedom Denied: Forced Labor in
California" (February, 2005)]. According to the author:
"While the clandestine nature of human trafficking makes it
enormously difficult to accurately track how many people are
affected, the United States government estimates that about
17,000 to 20,000 women, men and children are trafficked into the
United States each year, meaning there may be as many as 100,000
to 200,000 people in the United States working as modern slaves
in homes, sweatshops, brothels, agricultural fields,
construction projects and restaurants."
Please see the policy committee for a full discussion of this
bill.
GOVERNOR'S VETO MESSAGE :
"This bill would require the Commission on Peace Officer
Standards and Training to create and make available to all law
enforcement agencies training content on the U Visa. This
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measure is unnecessary. It is the policy and practice of the
Commission to periodically review and update existing course
curricula. If the Commission determines that training on the U
Visa is warranted, it can create a program without this
measure."
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0003354