BILL NUMBER: SB 180 CHAPTERED 09/21/05
CHAPTER 239
FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2005
APPROVED BY GOVERNOR SEPTEMBER 21, 2005
PASSED THE SENATE SEPTEMBER 7, 2005
PASSED THE ASSEMBLY AUGUST 31, 2005
AMENDED IN ASSEMBLY AUGUST 25, 2005
AMENDED IN SENATE MAY 27, 2005
AMENDED IN SENATE MARCH 30, 2005
INTRODUCED BY Senator Kuehl
(Coauthors: Senators Alquist and Bowen)
(Coauthors: Assembly Members Dymally, Pavley, and Yee)
FEBRUARY 9, 2005
An act to add Section 13519.14 to, and to add and repeal Title 6.7
(commencing with Section 13990) of Part 4 of, the Penal Code,
relating to human trafficking.
LEGISLATIVE COUNSEL'S DIGEST
SB 180, Kuehl Human trafficking.
Existing law establishes various task forces for purposes of crime
prevention and law enforcement.
This bill would establish the California Alliance to Combat
Trafficking and Slavery (California ACTS) Task Force and require it
to evaluate various programs available to victims of trafficking and
various criminal statutes addressing human trafficking, and report to
the Legislature, Governor, and Attorney General on or before July 1,
2007.
Existing law establishes the Commission on Peace Officer Standards
and Training.
This bill would require the commission to develop a course or
courses for peace officers relating to human trafficking, as
specified. The bill would provide that participation in the courses
by law enforcement would be voluntary.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Title 6.7 (commencing with Section 13990) is added to
Part 4 of the Penal Code, to read:
TITLE 6.7. California Alliance to Combat Trafficking and
Slavery (California ACTS) Task Force
13990. (a) There is hereby established the California Alliance to
Combat Trafficking and Slavery (California ACTS) Task Force to do
the following, to the extent feasible:
(1) Collect and organize data on the nature and extent of
trafficking in persons in California.
(2) Examine collaborative models between government and
nongovernmental organizations for protecting victims of trafficking.
(3) Measure and evaluate the progress of the state in preventing
trafficking, protecting and providing assistance to victims of
trafficking, and prosecuting persons engaged in trafficking.
(4) Identify available federal, state, and local programs that
provide services to victims of trafficking that include, but are not
limited to, health care, human services, housing, education, legal
assistance, job training or preparation, interpreting services,
English-as-a-second-language classes, voluntary repatriation and
victim's compensation. Assess the need for additional services,
including, but not limited to, shelter services for trafficking
victims.
(5) Evaluate approaches to increase public awareness of
trafficking.
(6) Analyze existing state criminal statutes for their adequacy in
addressing trafficking and, if the analysis determines that those
statutes are inadequate, recommend revisions to those statutes or the
enactment of new statutes that specifically define and address
trafficking.
(7) Consult with governmental and nongovernmental organizations in
developing recommendations to strengthen state and local efforts to
prevent trafficking, protect and assist victims of trafficking, and
prosecute traffickers.
(b) The task force shall be chaired by a designee of the Attorney
General. The Department of Justice shall provide staff and support
for the task force, to the extent that resources are available.
(c) The members of the task force shall serve at the pleasure of
the respective appointing authority. Reimbursement of necessary
expenses may be provided at the discretion of the respective
appointing authority or agency participating in the task force. The
task force shall be comprised of the following representatives or
their designees:
(1) The Attorney General.
(2) The Chairperson of the Judicial Council of California.
(3) The Secretary of the Labor and Workforce Development Agency.
(4) The Director of the State Department of Social Services.
(5) The Director of the State Department of Health Services.
(6) One Member of the Senate, appointed by the Senate Rules
Committee.
(7) One Member of the Assembly, appointed by the Speaker of the
Assembly.
(8) Chairperson of the state Commission on the Status of Women.
(9) One representative from the California District Attorneys
Association.
(10) One representative from the California Public Defenders
Association.
(11) Two representatives of local law enforcement, one selected by
the California State Sheriffs' Association and one selected by the
California Police Chiefs' Association.
(12) One representative from the County Welfare Directors'
Association.
(13) One representative from the California Coalition Against
Sexual Assault, appointed by the Governor.
(14) One representative from the California Partnership to End
Domestic Violence, appointed by the Governor.
(15) The Governor shall appoint one university researcher and one
mental health professional.
(16) The Speaker of the Assembly shall appoint one representative
from an organization that provides services to farmworkers, one
representative from an organization that provides services to
children, and one representative from an organization that serves
victims of human trafficking in southern California.
(17) The Senate Rules Committee shall appoint one representative
from an organization that provides legal immigration services to
low-income individuals, one representative from an organization that
advocates for immigrant workers' rights, and one representative from
an organization that serves victims of trafficking in northern
California.
(18) The Governor shall appoint one survivor of human trafficking.
(d) Whenever possible, members of the task force shall have
experience providing services to trafficked persons or have knowledge
of human trafficking issues.
(e) The task force shall meet at least once every two months.
Subcommittees may be formed and meet as necessary. All meetings
shall be open to the public. The first meeting of the task force
shall be held no later than March 1, 2006.
(f) On or before July 1, 2007, the task force shall report its
findings and recommendations to the Governor, the Attorney General,
and the Legislature. At the request of any member, the report may
include minority findings and recommendations.
(g) For the purposes of this section, "trafficking" means all acts
involved in the recruitment, abduction, transport, harboring,
transfer, sale or receipt of persons, within national or across
international borders, through force, coercion, fraud or deception,
to place persons in situations of slavery or slavery-like conditions,
forced labor or services, such as forced prostitution or sexual
services, domestic servitude, bonded sweatshop labor, or other debt
bondage.
(h) This title is repealed as of January 1, 2008, unless a later
enacted statute, that becomes operative before January 1, 2008,
deletes or extends that date.
SEC. 3. Section 13519.14 is added to the Penal Code, to read:
13519.14. (a) The commission shall implement by January 1, 2007,
a course or courses of instruction for the training of law
enforcement officers in California in the handling of human
trafficking complaints and also shall develop guidelines for law
enforcement response to human trafficking. The course or courses of
instruction and the guidelines shall stress the dynamics and
manifestations of human trafficking, identifying and communicating
with victims, providing documentation that satisfy the law
enforcement agency endorsement (LEA) required by federal law,
collaboration with federal law enforcement officials, therapeutically
appropriate investigative techniques, the availability of civil and
immigration remedies and community resources, and protection of the
victim. Where appropriate, the training presenters shall include
human trafficking experts with experience in the delivery of direct
services to victims of human trafficking. Completion of the course
may be satisfied by telecommunication, video training tape, or other
instruction.
(b) As used in this section, "law enforcement officer" means any
officer or employee of a local police department or sheriff's office,
and any peace officer of the California Highway Patrol, as defined
by subdivision (a) of Section 830.2.
(c) The course of instruction, the learning and performance
objectives, the standards for the training, and the guidelines shall
be developed by the commission in consultation with appropriate
groups and individuals having an interest and expertise in the field
of human trafficking.
(d) The commission, in consultation with these groups and
individuals, shall review existing training programs to determine in
what ways human trafficking training may be included as a part of
ongoing programs.
(e) Participation in the course or courses specified in this
section by peace officers or the agencies employing them is
voluntary.