BILL NUMBER: AB 2212	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Block

                        FEBRUARY 24, 2012

   An act to amend Sections 11225 and 11230 of the Penal Code,
relating to human trafficking.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2212, as introduced, Block. Human trafficking: civil penalties.

   Under existing law, a person who deprives or violates the personal
liberty of another with the intent to effect or maintain a felony
violation of specified sexual crimes, such as rape or pandering, or
to obtain forced labor or services, is guilty of human trafficking,
which is a felony punishable by imprisonment in the state prison for
3, 4, or 5 years.
   Existing law classifies a building or place used for the purpose
of illegal gambling, lewdness, assignation, or prostitution, and
every building or place in or upon which acts of illegal gambling,
lewdness, assignation, or prostitution, are held or occur, as a
nuisance, which shall be enjoined, abated, and prevented, and for
which damages may be recovered through a prescribed process. Civil
penalties recovered through this process are divided between the
Restitution Fund in the State Treasury and either the city attorney
and city prosecutor or the district attorney, depending on who
brought the action.
   This bill would classify a building or place used for the purpose
of, or in or upon which occur acts of, human trafficking as a public
nuisance. The bill would divide civil penalties collected through the
nuisance provisions, in cases of human trafficking, between the
Victim-Witness Assistance Fund, to be available upon appropriation by
the Legislature to the California Emergency Management Agency to
fund grants for human trafficking victim services and prevention
programs, and the city attorney and city prosecutor or district
attorney, to be used exclusively for enforcement of nuisance
abatement laws.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11225 of the Penal Code is amended to read:
   11225.  (a)  (1)    Every building or place used
for the purpose of illegal gambling as defined by state law or local
ordinance, lewdness, assignation,  human trafficking,  or
prostitution, and every building or place in or upon which acts of
illegal gambling as defined by state law or local ordinance,
lewdness, assignation,  human trafficking,  or prostitution,
are held or occur, is a nuisance which shall be enjoined, abated,
and prevented, and for which damages may be recovered, whether it is
a public or private nuisance. 
   Nothing 
    (2)     Nothing  in this subdivision
shall be construed to apply the definition of a nuisance to a private
residence where illegal gambling is conducted on an intermittent
basis and without the purpose of producing profit for the owner or
occupier of the premises.
   (b)  (1)    Every building or place used as a
bathhouse which as a primary activity encourages or permits conduct
that according to the guidelines of the federal Centers for Disease
Control  and Prevention  can transmit AIDS, including, but
not limited to, anal intercourse, oral copulation, or vaginal
intercourse, is a nuisance which shall be enjoined, abated, and
prevented, and for which damages may be recovered, whether it is a
public or private nuisance. 
   For 
    (2)     For  purposes of this
subdivision, a "bathhouse" means a business which, as its primary
purpose, provides facilities for a spa, whirlpool, communal bath,
sauna, steam bath, mineral bath, mud bath, or facilities for
swimming.
  SEC. 2.  Section 11230 of the Penal Code is amended to read:
   11230.  (a) (1) If the existence of a nuisance is established in
an action as provided in this article, an order of abatement shall be
entered as a part of the judgment in the case, 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. 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. 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.
   (2) While the order remains in effect as to closing, the building
or place is and shall remain in the custody of the court.
   (3) 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.
   (4) For closing the premises and keeping them closed, a reasonable
sum shall be allowed by the court.
   (b) The court may assess a civil penalty not to exceed twenty-five
thousand dollars ($25,000) against any and all of the defendants,
based upon the severity of the nuisance and its duration.
   (c)  One-half   Unless otherwise specified by
subdivision (d), one-half  of the civil penalties collected
pursuant to this section shall be deposited in the Restitution Fund
in the State Treasury, the proceeds of which shall be available for
appropriation by the Legislature to indemnify persons filing claims
pursuant to Article 1 (commencing with Section 13959) of Chapter 5 of
Part 4 of Division 3 of Title 2 of the Government Code, 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. 
   (d) In cases involving human trafficking, one-half of the civil
penalties collected pursuant to this section shall be deposited in
the Victim-Witness Assistance Fund to be available for appropriation
by the Legislature to the California Emergency Management Agency to
fund grants for human trafficking victim services and prevention
programs provided by community-based organizations. The other
one-half of the civil penalties shall be paid to the city in which
judgment was entered, if the action was brought by a city attorney or
city prosecutor. If the action was brought by a district attorney,
the one-half of the civil penalty shall, instead, be paid to the
treasurer of the county in which judgment was entered. The funds
directed to the city attorney or the district attorney shall be for
the exclusive use of that agency for the enforcement of nuisance
abatement laws.