BILL ANALYSIS �
AB 2466
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Date of Hearing: April 24, 2012
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AB 2466 (Blumenfield) - As Amended: April 18, 2012
PROPOSED CONSENT
SUBJECT : HUMAN TRAFFICKING: SEIZURE OF ASSETS
KEY ISSUE : SHOULD NEW TOOLS BE PROVIDED TO ASSIST LAW
ENFORCEMENT EFFORTS TO FIGHT HUMAN TRAFFICKING?
FISCAL EFFECT : As currently in print this bill is keyed fiscal.
SYNOPSIS
This bill concentrates on preventing individuals suspected of
human trafficking from disposing of their property and assets
that can be helpful remedies for fighting human trafficking,
including, but not limited to, restitution and fines. Under
current law, authorities can only seize property used in the
commission of human trafficking only after a felony conviction
has been actually obtained. This bill expands on existing law
by giving prosecutors an additional tool in their pursuit of
human traffickers, allowing them to file a petition for
protective relief necessary to preserve property or assets at
the same time as a complaint or indictment charging human
trafficking is filed, negating the need for there to be an
actual felony conviction.
This bill is supported by the California Attorney General's
Office, California Catholic Conference, Inc., California
Narcotic Officers' Association, California Probation, Parole &
Correctional Association, Coalition to Abolish Slavery &
Trafficking (CAST), and Office of the District Attorney, City &
County of San Francisco. These organizations agree that this
bill provides a crucial tool for prosecutors to stop
perpetrators of human trafficking from hiding the assets that
could be used to pay restitution to their victims.
SUMMARY : Concentrates on preventing individuals suspected of
human trafficking from disposing of their property and assets
that can be helpful remedies for fighting human trafficking,
including, but not limited to, restitution and fines.
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Specifically, this bill authorizes the prosecuting agency, at
the same time as the filing of a complaint or indictment
charging human trafficking, to file a petition for protective
relief necessary to preserve property or assets that could be
used to pay for remedies relating to human trafficking,
including, but not limited to, restitution and fines.
EXISTING LAW :
1)Provides that 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. (Penal
Code Section 236.1.)
2)Punishes the crime of human trafficking by a fine not to
exceed $1,000 or by imprisonment in a county jail for not more
than one year, or by both that fine and imprisonment.
3)Authorizes courts to seize any property used in the commission
of human trafficking once a felony conviction has been
obtained. (Penal Code Section 236.3.)
COMMENTS : This bill seeks to contribute to California's
comprehensive efforts to punish human traffickers through
deterring their ability to profit from property or assets used
as part of their operations. Current law permits courts to
seize property related to the commission of human trafficking
following a felony conviction. Thus, human trafficking
defendants cannot be prevented from liquidating and hiding their
assets before conviction. As a result, defendants can avoid
paying constitutionally mandated restitution, and thereby profit
from the reprehensible crime of human trafficking. This bill
seeks to ensure that prosecuting agencies can adopt the steps
necessary to protect the property and assets so that they may be
used for restitution and fines related to human trafficking and
not disposed of prior to actual conviction.
In support of the measure, the author states:
Human trafficking is one of the fastest-growing criminal
activities in California?Prosecutors currently have the
ability to seize profits and property that were directly
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connected to the tragic crime of human trafficking, but
only after the defendant has been convicted. This bill
would give prosecutors another important tool to prevent
human traffickers from further profiting from and
exploiting their victims, and help victims secure the
restitution they are due.
The Devastation of Human Trafficking in California Demonstrates
the Need for Further Action: Human trafficking involves the
recruitment, transportation, or sale of people for forced labor.
These victims are frequently subject to threats, coercion, and
violence. According to April 2012 statistics from the U.N.
Office on Drugs and Crime, 2.4 million people across the globe
are victims of human trafficking at any one time, and 80 percent
of them are being exploited as sexual slaves. The U.N. also
stated that nearly two out of every three victims are women, and
that a staggering $32 billion is being earned worldwide every
year by unscrupulous criminals running human trafficking
networks. Perhaps most disturbingly of all, according to the
January 2005 U.S. Department of State's Human Smuggling and
Trafficking Center report, "Fact Sheet: Distinctions Between
Human Smuggling and Human Trafficking," up to 50% of the victims
of human trafficking are children.
California regrettably has been reported to be one of the top
four destination states for trafficking victims in the United
States. Over 500 victims from 18 countries were identified in
California between 1998 and 2003. Trafficking victims in
California reportedly tend to be concentrated in three
"industries": prostitution, sweat shops, and domestic service.
According to a February 2005 report produced by researchers at
the University of California, Berkeley, due to California's
significant immigrant population, its position as an
internationally-accessible port of entry and its large
manufacturing, agricultural and service sector industries, there
has been a steep rise in human trafficking in the state.
In 2005, the Legislature enacted the California Trafficking
Victims Protection Act (AB 22 (Lieber), Ch. 240, Statutes of
2005). This act established civil and criminal penalties for
human trafficking and allowed for forfeiture of assets derived
from human trafficking. The Task Force was charged with
conducting a thorough review of California's response to human
trafficking and to report its findings to the Governor, Attorney
General, and the Legislature. The report, issued in 2007,
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argued that California's anti-trafficking law needs "stiffer
penalties" for traffickers. It stated that California bears a
"moral responsibility" to exert leadership in this area.
The report concluded that in addition to human trafficking
causing harm to its victims, the "secondary consequences of
human trafficking can severely affect California communities."
It also connected human trafficking to several other violent
crimes. The 2005 U.S. State Department Report found that the
impact of human trafficking can lead to additional crime and
gang activity, child exploitation, public health problems and
depressed wages in surrounding communities.
Trafficking is a crime where perpetrators continue to illegally
reap huge financial gains in California. In 2007, federal and
local law enforcement officials targeted a statewide sex
trafficking operation dubbed "Operation Gilded Cage," where
traffickers reportedly withheld the passports of more than 100
women and forced them to work as prostitutes. Owners of the
brothels and those connected to the sex trafficking operations
eventually pleaded guilty to the crime, resulting in the
forfeiture of more than $2.2 million. California must act to
prevent defendants from liquidating or hiding their assets.
Numerous States Enforce Laws Seizing the Assets and Property of
Human Traffickers to Provide for Restitution of Victims:
California should follow the lead of other states that have
passed laws targeting the property and assets utilized by human
traffickers. There is ample precedent that supports prosecutors
adopting a more aggressive posture regarding freezing property
and assets to provide remedies and restitution for victims of
human trafficking. (The legislation in other states isn't
directly on point in terms of freezing assets prior to a
conviction, but it shows how other states have focused on the
need to target assets/property.)
In 2011, Tennessee approved legislation (HB 171) providing that
real and personal property used in committing human trafficking
offenses is subject to judicial forfeiture seizure and
distributes the majority of funds from forfeited assets to
anti-human trafficking funds. New Hampshire approved
legislation in 2009 (HB 474) subjecting any property used to
violate human trafficking laws to foreclosure, and required that
funds made from sale of forfeited property be used for
restitution to the victims and the victims' assistance fund.
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In 2010, Alabama passed legislation stating that a person or
entity convicted of violating human trafficking laws would be
forced to pay mandatory restitution for victims with proceeds
from forfeited property. In 2010, Connecticut approved
legislation (H 5030) making property used for child sexual
exploitation and human trafficking subject to forfeiture.
Louisiana also approved legislation in 2010 (SB 56) that
provides for the seizure, impoundment, and public sale of
personal property used for human trafficking. Washington, D.C.
(LD 70), Michigan (HB 5578), Kansas (SB 353), and Oklahoma (SB
956) passed legislation the same year subjecting property or
assets related to human trafficking to forfeiture.
Nevada passed legislation in 2009 (AB 380) allowing for human
trafficking assets to be frozen and seized. Maine authorized
legislation in 2008 (LD 461) including a provision of asset
forfeiture in response to human trafficking, as did Rhode Island
(SB 692) in 2007, Pennsylvania in 2006 (HB 1112), and Illinois
in 2005 (HB 1469). In 2004, New Jersey enacted legislation (AB
2730) requiring the courts to sentence the perpetrator of human
trafficking to make restitution to the victim, while allowing
them to force the perpetrator to forfeit any assets related to
the trafficking violation.
ARGUMENTS IN SUPPORT : In support, the California Attorney
General's Office states:
�U]nder existing law, defendants can render themselves
judgment proof, avoid paying Constitutionally mandated
restitution and thereby profit from the reprehensible crime
of human trafficking. AB 2466 will remedy this problem by
amending the Penal Code to allow a court to order the
preservation of assets and property owned by persons
charged with human trafficking.
Adds the Coalition to Abolish Slavery & Trafficking (CAST): "AB
2466 would greatly benefit human trafficking survivors by
securing assets that could be used to pay restitution for the
heinous crimes committed against them and help them begin
rebuilding their lives."
The California Catholic Conference, Inc. writes in support that
"More public awareness will allow individuals more opportunities
to recognize and combat this assault on personal dignity and
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liberty. And certainly, more humane treatment of the victims
through protection, support and care will help restore their
dignity and self-worth."
The Office of the District Attorney, City & County of San
Francisco agrees that "AB 2466 would give prosecutors an
important tool for protecting survivors and punishing human
traffickers."
REGISTERED SUPPORT / OPPOSITION :
Support
California Attorney General's Office
California Catholic Conference, Inc.
California Narcotic Officers' Association
California Police Chiefs Association
California Probation, Parole & Correctional Association
Coalition to Abolish Slavery & Trafficking (CAST)
Office of the District Attorney, City & County of San Francisco
Opposition
None on file
Analysis Prepared by : Drew Liebert & Zachary Baron / JUD. /
(916) 319-2334