BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 677|
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THIRD READING
Bill No: SB 677
Author: Yee (D)
Amended: 12/17/09
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 1/12/10
AYES: Leno, Cedillo, Hancock, Huff, Steinberg, Wright,
Cogdill
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Human trafficking
SOURCE : Author
DIGEST : This bill provides that, upon a person being
convicted of human trafficking, 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.
ANALYSIS : Existing law defines human trafficking as the
deprivation or violation of the personal liberty of another
person with the intent to commit certain specified sex
offenses with the person or to obtain forced labor or
services, as specified.
This bill provides that upon a person being convicted of
CONTINUED
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human trafficking, if real property is used to facilitate
the offense, the procedures for declaring the property to
be a nuisance, as described above, shall apply.
Background: The Problem of Human Trafficking
AB 22 (Lieber), Chapter 240, Statutes of 2005, and SB 180
(Kuehl), Chapter 239, Statutes of 2005, established a
19-member task force to examine the issue of human
trafficking in California. The task force's report
described the phenomenon of human trafficking as follows:
"Traffickers lure victims into the United States with
deceptive promises of good jobs and better lives, and
then force them to work under brutal and inhuman
conditions, and deprive them of their freedom. Victims
of human trafficking may be involved in agricultural
labor, construction labor, hotel and motel cleaning
services, illegal transporters, organized theft rings,
pornography, prostitution, restaurant services, domestic
services, servile marriage (mail-order brides) and
sweatshops. Once in this country, many suffer extreme
physical and mental abuse, including rape, sexual
exploitation, torture, beatings, starvation, death
threats and threats to family members."
This bill contains the same provisions as SB 557 (Yee),
2009-10 Session, when it was heard in the Senate Public
Safety Committee in April 2009. That bill was subsequently
amended in the Assembly to narrow it to apply only to
trafficking offenses dealing with "illegal gambling,
lewdness, assignation, or prostitution," and was then
vetoed by the Governor. The veto message stated:
"This measure would allow nuisance abatement provisions
to be instituted against real property used to facilitate
the crime of human trafficking. While I support using
nuisance abatement proceedings to deter human
trafficking, this measure would not apply to all
instances of human trafficking. Instead, this measure is
limited to situations in which real property is used for
illegal gambling or prostitution. Since these situations
are already covered under existing law, this measure is
unnecessary."
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According to the Senate Public Safety Committee analysis,
"SB 677 restores the provisions of SB 557 which were
deleted in the Assembly, which appears to address the
subject of the Governor's veto."
Prior legislation . SB 557 (Yee), 2009-10, vetoed; AB 2810
(Brownley), Chapter 358, Statutes of 2008; AB 1278
(Lieber), Chapter 258, Statutes of 2008; AB 22 (Lieber),
Chapter 240, Statutes of 2005; SB 180 (Kuehl), Chapter 239,
Statutes of 2005; SB 751 (Morrow), 2005-06 Session, failed
in Senate Public Safety Committee; SB 1255 (Hughes),
Chapter 1022, Statutes of 1994; and AB 114 (Burton),
Chapter 314, Statutes of 1994
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 1/20/10)
California Commission on the Status of Women
California Narcotic Officers Association
California Peace Officers Association
California Police Chiefs Association
ARGUMENTS IN SUPPORT : According to the author's office:
"Unfortunately, California is home to one of the largest
and most expansive human trafficking problems in the US.
"Typically those trafficked are used for 2 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
agriculture. Research by the Human Rights Center at the
University of California found 57 forced labor operations
between 1998 and 2003 throughout California.
"SB 677 seeks to further assist victims and law
enforcement in California, while providing another
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deterrent and penalty for perpetrators."
RJG:mw 1/20/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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