Bill Text: CA AB90 | 2011-2012 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Human trafficking: minors.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-10-04 - Chaptered by Secretary of State - Chapter 457, Statutes of 2011. [AB90 Detail]
Download: California-2011-AB90-Amended.html
Bill Title: Human trafficking: minors.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-10-04 - Chaptered by Secretary of State - Chapter 457, Statutes of 2011. [AB90 Detail]
Download: California-2011-AB90-Amended.html
BILL NUMBER: AB 90 AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 4, 2011 INTRODUCED BY Assembly Member Swanson ( Coauthors: Assembly Members Blumenfield, Dickinson, Gorell, Halderman, Jeffries, and Portantino ) JANUARY 6, 2011 An act to amend Section 236.1 of the Penal Code, relating to human trafficking. LEGISLATIVE COUNSEL'S DIGEST AB 90, as amended, Swanson. Human trafficking: minors. Existing law provides that any person who deprives or violates the personal liberty of another with the intent to effect or maintain certain felonies, or to obtain forced labor or services, is guilty of human trafficking. This bill would additionally provide that a person who deprives or violates another person's liberty with the intent to effect or maintain the felony of making available to another person a person under 16 years of age for the purpose of any lewd or lascivious act, or the felony of the procurement of minors in the preparation of material depicting sexual conduct by a minor, is guilty of human trafficking. This bill would also expand the scope of the offense of human trafficking to provide that any person who causes, induces, encourages, or persuades a person under 18 years of age to engage in a commercial sex act, as defined, with the intent to effect or maintain specified felonies, or who obtains forced labor or services from a minor,is guilty of human trafficking. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 236.1 of the Penal Code is amended to read: 236.1. (a) (1) Except as provided in paragraph (2), any person who deprives or violates the personal liberty of another with the intent to effect or maintain a felony violation of Section 266, 266h, 266i, 266j, 267, 311.3, 311.4, or 518, or to obtain forced labor or services, is guilty of human trafficking. (2) Any person who causes, induces, encourages, or persuades a person under 18 years of age to engage in a commercial sex act with the intent to effect or maintain a felony violation of Section 266, 266h, 266i, 266j, 267, 311.3, 311.4, or 518, or who obtains forced labor or services from a minor,is guilty of human trafficking. (3) For purposes of this section, "commercial sex act" means any sexual conduct on account of which anything of value is given or received by any person. (b) Except as provided in subdivision (c), a violation of this section is punishable by imprisonment in the state prison for three, four, or five years. (c) A violation of this section where the victim of the trafficking was under 18 years of age at the time of the commission of the offense is punishable by imprisonment in the state prison for four, six, or eight years. (d) (1) For purposes of this section, 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. (2) Duress includes knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or immigration document of the victim. (e) For purposes of this section, "forced labor or services" means labor or services that are performed or provided by a person and are obtained or maintained through force, fraud, or coercion, or equivalent conduct that would reasonably overbear the will of the person. (f) The Legislature finds that the definition of human trafficking in this section is equivalent to the federal definition of a severe form of trafficking found in Section 7102(8) of Title 22 of the United States Code. (g) In addition to the penalty specified in subdivision (c), any person who commits human trafficking involving a commercial sex act where the victim of the human trafficking was under 18 years of age at the time of the commission of the offense shall be punished by a fine of not more than one hundred thousand dollars ($100,000). (h) Every fine imposed and collected pursuant to this section shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund services for victims of human trafficking. At least 50 percent of the fines collected and deposited pursuant to this section shall be granted to community-based organizations that serve victims of human trafficking. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.