BILL ANALYSIS �
AB 2466
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CONCURRENCE IN SENATE AMENDMENTS
AB 2466 (Blumenfield)
As Amended August 8, 2012
Majority vote
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|ASSEMBLY: |73-0 |(May 10, 2012) |SENATE: |37-0 |(August 23, |
| | | | | |2012) |
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Original Committee Reference: PUB. S.
SUMMARY : Permits the freezing of assets in human trafficking
cases prior to the final judgment in the case.
The Senate amendments specify that:
1)The order freezing property shall be narrowly tailored to
remedy the specified crimes.
2)The court shall take into account the fines and restitution to
be paid when issuing orders to freeze property.
3)A process for the distribution of assets if the defendant is
convicted.
4)The payment of the fines imposed shall be paid in the manner
set forth in specified human trafficking cases.
EXISTING LAW :
1)Defines "criminal profiteering activity" as any act committed
or attempted or any threat made for financial gain or
advantage, which act or threat may be charged as a crime under
a series of specified criminal acts, including human
trafficking.
2)Provides that any person who deprives or violates the personal
liberty of another with the intent to effect or maintain a
felony violation of enticement of a minor into prostitution,
pimping or pandering, abduction of a minor for the purposes of
prostitution, extortion, or to obtain forced labor or
services, is guilty of human trafficking.
3)States human trafficking of a person over the age of 18 is
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punishable by imprisonment in the state prison for three,
four, or five years. If the victim of the trafficking was
under 18 years of age at the time of the commission of the
offense, that offense is punishable by imprisonment in the
state prison for four, six, or eight years.
4)States unlawful deprivation or violation of the personal
liberty of another includes substantial and sustained
restriction of another's liberty accomplished through fraud,
deceit, coercion, violence, duress, menace, or threat of
unlawful injury to the victim or to another person, under
circumstances where the person receiving or apprehending the
threat reasonably believes that it is likely that the person
making the threat would carry it out.
5)States any person who solicits or who agrees to engage in or
who engages in any act of prostitution is guilty of
misdemeanor disorderly conduct. A person agrees to engage in
an act of prostitution when, with specific intent to so
engage, he or she manifests an acceptance of an offer or
solicitation to so engage, regardless of whether the offer or
solicitation was made by a person who also possessed the
specific intent to engage in prostitution. No agreement to
engage in an act of prostitution shall constitute a violation
of this subdivision unless some act, in addition to the
agreement, is done within California in furtherance of the
commission of an act of prostitution by the person agreeing to
engage in that act. As used in this subdivision,
"prostitution" includes any lewd act between persons for money
or other consideration.
6)States any person who, knowing another person is a prostitute,
lives or derives support or maintenance in whole or in part
from the earnings or proceeds of the person's prostitution, or
from money loaned or advanced to or charged against that
person by any keeper or manager or inmate of a house or other
place where prostitution is practiced or allowed, or who
solicits or receives compensation for soliciting for the
person, is guilty of pimping, a felony, and shall be
punishable by imprisonment in the state prison for three,
four, or six years.
7)States any person who, knowing another person is a prostitute,
lives or derives support or maintenance in whole or in part
from the earnings or proceeds of the person's prostitution, or
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from money loaned or advanced to or charged against that
person by any keeper or manager or inmate of a house or other
place where prostitution is practiced or allowed, or who
solicits or receives compensation for soliciting for the
person, when the prostitute is a minor, is guilty of pimping a
minor, a felony, and shall be punishable as follows:
a) If the person engaged in prostitution is a minor over
the age of 16 years, the offense is punishable by
imprisonment in the state prison for three, four, or six
years.
b) If the person engaged in prostitution is under 16 years
of age, the offense is punishable by imprisonment in the
state prison for three, six, or eight years.
AS PASSED BY THE ASSEMBLY , this bill:
1)Authorized prosecuting agencies, 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.
2)Specified the process by which a preliminary injunction,
temporary restraining order, or sale of property or assets may
be ordered.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)Potentially significant ongoing foregone revenue to the Victim
Witness Assistance (VWA) Fund. Proceeds from fines imposed for
human trafficking previously directed to the VWA Fund would
instead be paid to the treasurer of the county in which the
judgment was entered or to the General Fund if the action was
undertaken by the Attorney General.
2)Potential increase in fine revenues and restitution paid to
victims of human trafficking to the extent the seizing of
assets prior to final judgment results in the increased
preservation and distribution of assets.
3)Minor, absorbable impact to court workload related to
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petitions for protective relief.
COMMENTS : According to the author, "Human trafficking is one of
the fastest-growing criminal activities in California. People
are being bought, sold and smuggled like modern-day slaves in an
illegal multi-billion-dollar industry. Victims of human
trafficking often are trapped in lives of misery. Prosecutors
currently have the ability to seize profits and property that
were directly 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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0004736