BILL ANALYSIS �
AB 2212
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2212 (Block)
As Amended June 4, 2012
Majority vote
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|ASSEMBLY: |71-0 |(April 23, |SENATE: |38-0 |(July 2, 2012) |
| | |2012) | | | |
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Original Committee Reference: PUB. S.
SUMMARY : Clarifies that buildings or places used for human
trafficking can be declared a public nuisance, and specifies
that half of any civil penalties collected therefrom shall be
directed to fund grants for human trafficking victim services
and prevention programs.
The Senate amendments :
1)Specify that costs of litigation and attorney's fees may be
awarded to the prevailing party when a government agency seeks
to enjoin the use of a building or a place for human
trafficking.
2)Delete a requirement that funds directed to the city attorney,
city prosecutor or district attorney must be exclusively for
enforcement of nuisance abatement laws.
EXISTING LAW :
1)States that every building or place used for the purpose of
illegal gambling as defined by state law or local ordinance,
lewdness, assignation, 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, 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 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.
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2)Provides that 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 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 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.
3)States that 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.
4)Specifies that while the order remains in effect as to
closing, the building or place is and shall remain in the
custody of the court.
5)States that for removing and selling the movable property, the
court is entitled to charge and receive the same fees as he or
she would for levying upon and selling like property on
execution.
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6)States that for closing the premises and keeping them closed,
a reasonable sum shall be allowed by the court.
7)Provides that the court may assess a civil penalty not to
exceed $25,000 against any and all of the defendants, based
upon the severity of the nuisance and its duration.
8)States that 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 specified
persons filing claims 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.
AS PASSED BY THE ASSEMBLY , this bill clarified that buildings or
places used for human trafficking can be declared a public
nuisance, and specifies that half of any civil penalties
collected therefrom shall be directed to fund grants for human
trafficking victim services and prevention programs.
Specifically, this bill :
1)Classified a building or place used for the purpose of, or in
or upon which occur acts of, human trafficking as a public
nuisance.
2)Divided 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.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "As many as 18,000 men,
women and children are trafficked into the United States every
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year and even more are trafficked within our borders - suffering
unspeakable violence at the hands of traffickers. Human
trafficking continues to be a growing problem in the United
States especially in San Diego. California is particularly
vulnerable to human trafficking because it has international
boarders, a high number of ports and airports, and a large
economy with industries that attract forced labor.
"AB 2212 provides a new civil remedy to shut down human
trafficking operations and directs recovered penalties to human
trafficking victim service providers that provide legal support,
counseling and housing to victims."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0004156