California Legislature—2013–14 Regular Session

Assembly BillNo. 2404


Introduced by Assembly Member Eggman

February 21, 2014


An act to amend Section 236.2 of the Penal Code, relating to human trafficking.

LEGISLATIVE COUNSEL’S DIGEST

AB 2404, as introduced, Eggman. Human trafficking.

Existing law provides that any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services or to effect or maintain a felony violation of offenses relating to prostitution, child pornography, as specified, or extortion, as defined, is guilty of human trafficking. Existing law requires law enforcement agencies to use due diligence to identify all victims of human trafficking, regardless of the citizenship of those persons.

This bill would make a technical, nonsubstantive change to that provision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 236.2 of the Penal Code is amended to
2read:

3

236.2.  

Law enforcement agencies shall use due diligence to
4identify all victims of human trafficking, regardless of the
5citizenship ofbegin delete the personend deletebegin insert those personsend insert. When a peace officer
6comes into contact with a person who has been deprived of his or
P2    1her personal liberty, a minor who has engaged in a commercial
2sex act, a person suspected of violating subdivision (a) or (b) of
3Section 647, or a victim of a crime of domestic violence or sexual
4assault, the peace officer shall consider whether the following
5indicators of human trafficking are present:

6(a) Signs of trauma, fatigue, injury, or other evidence of poor
7care.

8(b) The person is withdrawn, afraid to talk, or his or her
9communication is censored by another person.

10(c) The person does not have freedom of movement.

11(d) The person lives and works in one place.

12(e) The person owes a debt to his or her employer.

13(f) Security measures are used to control who has contact with
14the person.

15(g) The person does not have control over his or her own
16government-issued identification or over his or her worker
17immigration documents.



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