BILL ANALYSIS
SB 557
Page 1
SENATE THIRD READING
SB 557 (Yee)
As Amended July 8, 2009
Majority vote
SENATE VOTE :39-0
PUBLIC SAFETY 7-0 APPROPRIATIONS 16-0
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|Ayes:|Arambula, Hagman, |Ayes:|De Leon, Nielsen, |
| |Ammiano, Furutani, | |Ammiano, |
| |Gilmore, Hill, Ma | |Charles Calderon, Coto, |
| | | |Davis, Duvall, Fuentes, |
| | | |Hall, Harkey, Miller, |
| | | |John A. Perez, Skinner, |
| | | |Solorio, Audra |
| | | |Strickland, Torlakson |
| | | | |
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SUMMARY : Provides that, upon a person being convicted of
specified human trafficking provisions, if real property was
used to facilitate the offense, that property could be found to
be a public nuisance and the remedies applicable under the
nuisance or "Red Light Abatement" statutes, as specified, shall
apply. Those remedies include closing the property for one year
and a civil fine of up to $25,000.
EXISTING LAW :
1)Provides that any person who deprives or violates the personal
liberty of another with the intent to effect or maintain a
felony violation of specified sex crimes, extortion, or to
obtain forced labor or services is guilty of human
trafficking. If committed against an adult, this offense is
punishable by three, four or five years in state prison. If
committed against a minor, this offense is punishable by four,
six or eight years in state prison.
2)States that buildings used for specified illegal activities
are a nuisance which shall be enjoined, abated, and prevented,
and for which damages may be recovered, whether it is a public
or private nuisance.
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3)Provides that if the existence of a nuisance is established,
as specified, an order of abatement shall be entered as a part
of the judgment in the case:
a) Directing the removal from the building or place of all
fixtures, musical instruments and movable property used in
conducting, maintaining, aiding, or abetting the nuisance,
and directing the sale thereof in the manner provided for
the sale of chattels under execution, and the effectual
closing of the building or place against its use for any
purpose, and that it be kept closed for a period of one
year, unless sooner released.
b) If the court finds that any vacancy resulting from
closure of the building or place may create a nuisance or
that closure is otherwise harmful to the community, in lieu
of ordering the building or place closed, the court may
order the person who is responsible for the existence of
the nuisance to pay damages in an amount equal to the fair
market rental value of the building or place for one year
to the city or county in whose jurisdiction the nuisance is
located.
c) The actual amount of rent being received for the rental
of the building or place, or the existence of any vacancy
therein, may be considered, but shall not be the sole
determinant of the fair market rental value. Expert
testimony may be used to determine the fair market rental
value.
d) While the order remains in effect as to closing, the
building or place is and shall remain in the custody of the
court.
e) For removing and selling the movable property, the
officer is entitled to charge and receive the same fees as
he or she would for levying upon and selling like property
on execution.
f) For closing the premises and keeping them closed, a
reasonable sum shall be allowed by the court.
g) The court may assess a civil penalty not to exceed
$25,000 against any and all of the defendants, based upon
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the severity of the nuisance and its duration.
h) One-half of the civil penalties collected pursuant to
this section shall be deposited in the Restitution Fund in
the State Treasury, and one-half of the civil penalties
collected shall be paid to the city in which the judgment
was entered, if the action was brought by the city attorney
or city prosecutor. If the action was brought by a
district attorney, one-half of the civil penalties
collected shall be paid to the treasurer of the county in
which the judgment was entered.
4)Defines "criminal profiteering activity" as any act made for
financial gain or advantage if the act may be charged as one
of a number of crimes, including human trafficking.
5)Defines "pattern of criminal profiteering activity" as
engaging in at least two incidents of criminal profiteering
that have the same or a similar purpose, result, principals,
victims, or methods of commission, or are otherwise
interrelated by distinguishing characteristics; are not
isolated events; and were committed as a criminal activity of
organized crime.
6)Provides that after conviction of the underlying offense, a
person may be subject to asset forfeiture if the prior act
occurred within 10 years, excluding any period of
imprisonment, of the commission of the underlying offense.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis:
1)Negligible state enforcement-related costs.
2)Unknown, likely minor, increase in civil fine revenue to local
prosecutors and to the state.
COMMENTS : According to the author, "Typically those trafficked
are used for two different purposes: either forced labor or
sexual exploitation. Statistics show that 90% of victims of
human trafficking are female. According to the 2007 report
released by the task force investigating human trafficking in
California, 47% of victims are used in prostitution, 33% are
used in domestic servitude, 5% in sweatshops and 2% in
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agriculture. Research by the Human Rights Center at the
University of California found 57 forced labor operations
between 1998 and 2003 throughout California.
"SB 557 seeks to further assist victims and law enforcement in
California, while providing another deterrent for perpetrators.
Specifically, SB 557 allows any real property used to facilitate
human trafficking to be declared a public nuisance and seized by
the court until the nuisance is abated, and further subjects the
trafficker to the costs of the seizure and a civil fine of up to
$25,000."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0001973