BILL ANALYSIS �
SB 285
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Date of Hearing: July 6, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 285 (Correa) - As Amended: May 24, 2011
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill:
1)Makes it a misdemeanor, punishable by up to one year in county
jail and/or a fine of up to $2,500, to provide a certificate,
diploma or other document, or otherwise affirm a person has
received instruction in massage therapy, knowing the person
has not received training "consistent with that document or
affirmation."
2)Provides that when a person is prosecuted for a crime in
connection with massage therapy, including crimes relating to
prostitution, the arresting law enforcement agency may provide
to the California Massage Therapy Council (CAMTC) information
concerning the person's massage therapy training, including
the name of any school attended by the person.
FISCAL EFFECT
Unknown, likely minor non-reimbursable local law enforcement and
incarceration costs, offset to a degree by increased fine
revenue.
COMMENTS
1)Rationale . The author's intent is to crack down on the
fraudulent issuance of transcripts by massage schools, a
practice that enables human trafficking.
According to the author, "In order for a trafficking victim to
work in a massage parlor, either a local police department
SB 285
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permit or a certificate from the CAMTC is required. The CAMTC
was established by the Legislature to certify massage
therapists statewide. Police and CAMTC require a transcript
from an accredited massage school certifying that the student
has received 500 hours of massage training, in English. Many
victims speak little or no English and could not complete such
training and traffickers do not want to wait six months for
victims to complete training. Thus, the traffickers purchase
falsified massage school transcripts. Ending access to
fraudulent transcripts will make human trafficking
significantly more difficult. Unfortunately, under existing
law, it is not a crime to sell someone a phony massage school
transcript. This bill would remedy that problem?.
"In addition, SB 285 authorizes law enforcement to provide the
identity of the massage school attended by a therapist who has
been prosecuted for prostitution to the CAMTC so that massage
schools that are in league with human traffickers can be
readily identified. Gathering this information in a single
location makes it easier for law enforcement to recognize and
prosecute fraudulent massage schools."
2)Support . According to the sponsor, the Orange County District
Attorney, "The proposed regulation of massage parlors that
operate as fronts to prostitution will help prevent sex
trafficking in persons and commercial sexual exploitation.
These illegitimate massage parlors cannot operate and cannot
receive local police permits without false certifications and
diplomas."
3)CAMTC is a non-profit organization established by statute in
2009 that sets standards for massage practitioners. CAMTC
provides voluntary certification for massage therapists to
practice statewide. If a person chooses not to get statewide
certification through the CAMTC, that person would have to
obtain a local license or permit to practice in each city or
county.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081