Bill Text: CA AB235 | 2023-2024 | Regular Session | Amended
Bill Title: Civil Rights Department: Labor Trafficking Unit.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB235 Detail]
Download: California-2023-AB235-Amended.html
|
Amended
IN
Assembly
February 21, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 235
| Introduced by Assembly Member Blanca Rubio |
January 12, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
AB 235, as amended, Blanca Rubio.
Labor Commissioner: labor trafficking. Civil Rights Department: Labor Trafficking Unit.
Existing law, the California Fair Employment and Housing Act, establishes in the Business, Consumer Services, and Housing Agency the Civil Rights Department, headed by the Director of Civil Rights, to protect and safeguard the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decisionmaking, or military and veteran status.
This bill would establish within the department the Labor Trafficking Unit, which would be required to coordinate with the
Labor Enforcement Task Force, the Criminal Investigation Unit, the Department of Justice, and the Division of Labor Standards Enforcement within the Department of Industrial Relations to combat labor trafficking. The bill would require the unit to receive and investigate complaints alleging labor trafficking and take steps to prevent labor trafficking. The bill would require the unit to coordinate with or refer cases to the Labor Enforcement Task Force or the department for potential civil actions, and to coordinate with or refer cases to the Department of Justice for potential criminal actions. The bill would require the unit to follow protocols to ensure survivors of labor trafficking are not victimized by the process of prosecuting traffickers and are informed of the services available to them. The bill would require the unit to coordinate with both state and local agencies to connect survivors with available services. The bill would require the unit to provide specified services to victims, including
providing a list of pro bono victim’s rights attorneys to survivors. The bill would require the Division of Occupational Safety and Health within the Department of Industrial Relations to notify the unit when, upon investigating businesses under their purview, there is evidence of labor trafficking. The bill would require the unit, beginning January 1, 2025, until January 1, 2035, to annually submit a report to the Legislature with specified information relating to labor trafficking complaints, including the number, types, and outcomes of complaints.
Existing law creates the Division of Labor Standards Enforcement within the Department of Industrial Relations. The Division of Labor Standards Enforcement is headed by the Labor Commissioner to whom various powers are granted, including the right of free access to all places of labor. Any person who refuses admission to the Labor Commissioner or the commissioner’s deputy or agent is guilty of a misdemeanor.
This bill would express the intent of the Legislature to enact legislation that would enhance the Labor Commissioner’s ability to enforce labor trafficking laws.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 12934 is added to the Government Code, to read:12934.
(a) There is hereby established within the department the Labor Trafficking Unit, which shall coordinate with the Labor Enforcement Task Force, the Criminal Investigation Unit, the Department of Justice, and the Division of Labor Standards Enforcement within the Department of Industrial Relations to combat labor trafficking.(b) The unit shall receive and investigate complaints alleging labor trafficking and take steps to prevent labor trafficking.
(c) The unit shall coordinate with or refer cases to the Labor Enforcement Task Force or the department for potential civil actions relating to labor trafficking violations.
(d) The unit shall coordinate with or refer cases to the Department of Justice for potential criminal actions relating to labor trafficking violations. The unit may also coordinate with local law enforcement agencies or district attorney’s offices when investigating criminal actions relating to labor trafficking.
(e) The unit shall do all of the following:
(1) Follow protocols to ensure survivors are not victimized by the process of prosecuting traffickers.
(2) Coordinate with both state and local agencies to connect survivors with available services.
(3) Ensure that victims are informed of the services available to them.
(4) Make information on the legal rights of victims
available to survivors.
(5) Provide a list of pro bono victim’s rights attorneys to survivors.
(f) The Division of Occupational Safety and Health within the Department of Industrial Relations shall notify the Labor Trafficking Unit when, upon investigating businesses under their purview, there is evidence of labor trafficking.
(g) (1) On or before January 1, 2025, and on or before January 1 every year thereafter, the unit shall submit a report to the Legislature that includes the following information pertaining to the prior calendar year:
(A) The number of complaints or referrals received.
(B) The number and type of complaints or referrals investigated.
(C) The number of complaints referred to the department.
(D) The number of complaints referred to the Department of Justice.
(E) The number of referrals and coordinations with local law enforcement agencies and district attorney’s offices.
(F) The outcome of each complaint.
(2) The unit shall also include in each annual report a discussion of the major challenges to addressing labor trafficking complaints, the ongoing efforts to address those challenges, and options to improve the state’s claim process.
(3) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795.
(4) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2035.
(h) As used in this section, “unit” means the Labor Trafficking Unit established by subdivision (a).
It is the intent of the Legislature to enact legislation that would enhance the Labor Commissioner’s ability to enforce labor trafficking laws.
