BILL NUMBER: AB 1002	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 23, 2009
	AMENDED IN ASSEMBLY  MARCH 26, 2009

INTRODUCED BY   Assembly Members Fong and Ma

                        FEBRUARY 27, 2009

   An act to amend Section 186.8 of, and to add Section 236.4 to, the
Penal Code, relating to human trafficking.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1002, as amended, Fong. Human trafficking.
   Existing law establishes the offense of human trafficking.
Existing law also authorizes the forfeiture of property in connection
with human trafficking offenses, and the distribution of the
proceeds of those forfeitures to, among others, various state and
local entities, as specified.
   This bill would create the Human Trafficking Trust Fund, and
provide that forfeiture proceeds from human trafficking would be
deposited in that fund, for use, upon appropriation by the
Legislature, for the purpose of funding services for the victims of
human trafficking, and for providing training to law enforcement and
prosecutorial personnel to help combat human trafficking.
   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 186.8 of the Penal Code is amended to read:
   186.8.  Notwithstanding that no response or claim has been filed
pursuant to Section 186.5, in all cases where property is forfeited
pursuant to this chapter and, if necessary, sold by the Department of
General Services or local governmental entity, the money forfeited
or the proceeds of sale shall be distributed by the state or local
governmental entity as follows:
   (a) To the bona fide or innocent purchaser, conditional sales
vendor, or holder of a valid lien, mortgage, or security interest, if
any, up to the amount of his or her interest in the property or
proceeds, when the court declaring the forfeiture orders a
distribution to that person. The court shall endeavor to discover all
those lienholders and protect their interests and may, at its
discretion, order the proceeds placed in escrow for up to an
additional 60 days to ensure that all valid claims are received and
processed.
   (b) To the Department of General Services or local governmental
entity for all expenditures made or incurred by it in connection with
the sale of the property, including expenditures for any necessary
repairs, storage, or transportation of any property seized under this
chapter.
   (c) To the general fund of the state or local governmental entity,
whichever prosecutes.
   (d) In any case involving a violation of subdivision (b) of
Section 311.2, or Section 311.3 or 311.4, in lieu of the distribution
of the proceeds provided for by subdivisions (b) and (c), the
proceeds shall be deposited in the county children's trust fund,
established pursuant to Section 18966 of the Welfare and Institutions
Code, of the county that filed the petition of forfeiture. If the
county does not have a children's trust fund, the funds shall be
deposited in the State Children's Trust Fund, established pursuant to
Section 18969 of the Welfare and Institutions Code.
   (e) In any case involving a violation of Section 236.1, in lieu of
the distribution of the proceeds provided for by 
subdivisions (b) and  subdivision  (c), the
proceeds shall be deposited in the Human Trafficking Trust Fund,
established pursuant to Section 236.4.
   (f) In any case involving crimes against the state beverage
container recycling program, in lieu of the distribution of proceeds
provided in subdivision (c), the proceeds shall be deposited in the
penalty account established pursuant to subdivision (d) of Section
14580 of the Public Resources Code, except that a portion of the
proceeds equivalent to the cost of prosecution in the case shall be
distributed to the local prosecuting entity that filed the petition
of forfeiture.
  SEC. 2.  Section 236.4 is added to the Penal Code, to read:
   236.4.  (a) The Human Trafficking Trust Fund is hereby established
within the General Fund, to be funded pursuant to subdivision (e) of
Section 186.8, for the purpose of funding services for the victims
of human trafficking as defined in Section 236.1, and for providing
training to appropriate personnel to help combat human trafficking.
   (b) Upon appropriation by the Legislature, 90 percent of the funds
deposited in the Human Trafficking Trust Fund shall be distributed
to nongovernmental nonprofit entities providing direct services to
the victims of human trafficking. Services eligible for this funding
shall include, but not be limited to, housing and medical care, legal
assistance, job training, case management, mental health services,
education and life skills training, and travel expenses. Upon
appropriation by the Legislature, 10 percent of these funds shall be
distributed to a combination of nongovernmental nonprofit entities,
law enforcement agencies, and prosecutors for purposes of training
law enforcement personnel and prosecutors regarding human trafficking
and the laws pertaining to combating and prosecuting human
trafficking.