BILL ANALYSIS
AB 2319
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Date of Hearing: May 5, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2319 (Swanson) - As Amended: April 20, 2010
Policy Committee: Public Safety
Vote: 7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill expands the definition of "human trafficking" to
include (a) causing or persuading a minor under the age of 18 to
engage in a commercial sex act, as specified, with the intent to
commit pimping, pandering, sexual exploitation of a child,
enticement, use a minor in pornography, extortion, or
solicitation of prostitution, or (b) obtaining forced labor or
services from a minor, as specified.
(Human trafficking involving a minor under the age of 18 is
punishable by four, six, or eight years in state prison.)
FISCAL EFFECT
Minor to moderate annual GF costs for increased state prison
terms, potentially in excess of $150,000 per year, to the extent
the expanded definition of human trafficking results in
additional commitments. In 2007 and 2008 combined, 12 persons
were committed to state prison under this section. If this bill
results in just two persons per year receiving the six-year
midterm sentence, in four years the increased cost for
incarceration will exceed $250,000.
COMMENTS
1)Rationale. The author and sponsor, the Alameda County D.A.'s
Office, contend this bill simply clarifies an ambiguity in
state law, and a discrepancy between state and federal law,
regarding the need to prove force or coercion in the
trafficking of minors.
AB 2319
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According to the Alameda County D.A., "Due to unclear
draftsmanship in our current human trafficking law, the issue
of whether proof of force or coercion is required, when a
minor is sold for sex, it's unnecessarily unclear and somewhat
debatable. The ambiguity of our state law places local
prosecutors at a significant disadvantage in the fight to
protect vulnerable minors and hold accountable those who
profit from exploiting them?
"Current Penal Code Section 236.1(f) states that the
'Legislature finds that the definition of human trafficking in
this section is equivalent to the federal definition.' Despite
the fact that the federal definition clearly states that
prosecutors do not have to prove 'force' or 'coercion' in
domestic minor sex trafficking cases, and the language of our
state law seeks to mirror federal law, Section 236.1 of the
Penal Code does not explicitly state what it implies.
"As a result, room for misinterpretation exists sometimes
resulting in the misconception that force or coercion must be
proven when trafficking victims are minors. AB 2319 simply
remedies this defect in draftsmanship - no more, no less."
2)Current law specifies that depriving or violating the liberty
of another with the intent to commit a felony violation of
enticement of a minor into prostitution, pimping or pandering,
abduction of a minor for the purposes of prostitution,
extortion, or to obtain forced labor or services, is human
trafficking. Depriving or violating the liberty of another
includes substantial and sustained restriction of another's
liberty via fraud, deceit, coercion, violence, duress, menace,
or threat.
Human trafficking of a person over the age of 18 is punishable
by imprisonment by three, four, or five years. If the victim
is under 18 the offense is punishable by four, six, or eight
years.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081