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Enacted Legislation
CALIFORNIA
| CRIMINALIZATION STATUTE |
| Bill Number: |
SB 1569 |
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SB 1569 amended California’s Welfare and Institutions Code allowing non-citizen victims of trafficking, domestic violence and other serious crimes to gain access to state funded social services, including cash assistance, employment, social services, and health care services under the Cuban-Haitian Entrant Program and the Refugee Resettlement Program. Trafficking victims are eligible for state funded social services for up to one year, at which point benefits may continue if a continued presence request or T Visa application has been filed. SB 1569 provides guidelines for determining whether or not a person is a “victim of a severe form of human trafficking.” |
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http://www.leginfo.ca.gov/pub/05-06/bill/sen/sb_1551-1600/sb_1569_bill_20060929_chaptered.pdf |
| Effective Date: |
September 29, 2006 |
| Sponsors: |
SB 1569 Sponsors: Kuehl.
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| Bill Number: |
ACR 28 |
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ACR 28 recognizes the US Congressional Resolution (S. Con. Res. 40) to observe a “National Day of Human Trafficking Awareness” on January 11 of each year to promote awareness of human trafficking, and to support efforts to combat trafficking in persons. |
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http://www.assembly.ca.gov/acs/acsframeset2text.htm |
| Effective Date: |
September 21, 2007 |
| Sponsors: |
Assembly Member Ma
Senator Padilla
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| Bill Number: |
AB 1278 |
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AB 1278 amends California’s Civil Code to make void any provision of a contract that seeks to withhold any wages as compensation for transporting or assisting in emigration of a person into the United States. The bill also amends California’s Penal Code to require a hearing in human trafficking cases spanning multiple jurisdictions to determine where the case should be tried. |
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http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_1251-1300/ab_1278_bill_20080804_chaptered.pdf |
| Effective Date: |
August 04, 2008 |
| Sponsors: |
Assembly Members Lieber, Ma and Smyth; Senator Romero
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| Bill Number: |
AB 2810 |
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AB 2810 requires law enforcement agencies to assess whether a victim of domestic violence or rape, or a person “suspected of violating” California’s solicitation and prostitution laws, is also a victim of human trafficking. The statute provides specific indicators, including lack of control over one’s identification, lack of freedom of movement and signs of trauma or poor care, by which to make this determination. The bill also requires law enforcement agencies to inform the victim that his or her name can be withheld from public record should they request it and requires identifying information be kept confidential except for agencies involved in investigating and prosecuting the case. |
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http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_2801-2850/ab_2810_bill_20080927_chaptered.pdf |
| Effective Date: |
September 18, 2008 |
| Sponsors: |
Assembly Member Brownley.
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| Bill Number: |
AB 17 |
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AB 17 classifies any cases “involving human trafficking of minors for purposes of prostitute or lewd conduct” or “abduction or procurement as by fraudulent inducement for prostitution" as criminal profiteering activity and requires that any proceeds made from forfeiture of property and monies from fines paid in these cases be deposited into the Victim-Witness Assistance fund. These funds are allocated for counseling programs that serve children who have been sexually abused or exploited. AB 17 requires that 50 percent of the funds be granted to community-based organizations serving trafficking victims who are minors. The bill also increases maximum additional fines for procurement of a child under the age of 16 to $20,000. |
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http://www.assembly.ca.gov/acs/acsframeset2text.htm |
| Effective Date: |
October 11, 2009 |
| Sponsors: |
AB 17 Sponsor: Assembly Member Swanson.
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| Bill Number: |
AB 22 |
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AB 22 establishes human trafficking for forced labor or services as a felony crime punishable by a sentence of 3, 4 or 5 years in state prison, as well as a sentence of 4, 6 or 8 years for trafficking of a minor. The bill provides for mandatory restitution and allows trafficking victims to bring a civil action against his or her trafficker. It also institutes strict guidelines for the issuance of Law Enforcement Agency Endorsements for trafficking victims. |
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http://www.leginfo.ca.gov/pub/05-06/bill/asm/ab_0001-0050/ab_22_bill_20050921_chaptered.pdf |
| Effective Date: |
September 21, 2005 |
| Sponsors: |
AB 22 Sponsors: Assembly Members Lieber, Liu, Bermudez, Chan, Chavez, Cohn, DeVore, Goldberg, Hancock, Shirley Horton, Koretz, Leno, Leslie, Levine, Matthews, Pavley, Sharon Runner, and Ruskin. Senators Kuehl, Alquist, Cedillo, Escutia, and Romero.
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| JOINT COMMITTEE |
| Bill Number: |
ACR 33 |
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ACR 33 establishes the Joint Committee on Human Trafficking, which is charged with studying and investigating issues relating to human trafficking, including the training of law enforcement agencies; education efforts to identify trafficking victims; the coordination among victim services programs; the development of culturally appropriate services; and, obtaining data regarding the number of victims and their locations. The Committee will submit a report of its findings to the Legislature on September 30, 2006. The Committee will consist of 5 Assembly Members and 5 Senators and will act until November 30, 2006. |
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http://www.leginfo.ca.gov/pub/05-06/bill/asm/ab_0001-0050/acr_33_bill_20050822_chaptered.pdf |
| Effective Date: |
August 22, 2005 |
| Sponsors: |
ACR 33 Sponsors: Assembly Members Lieber, Sharon Runner, Liu, Garcia, and Shirley Horton. Senators Kehoe, Kuehl, and Morrow
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| TASK FORCE |
| Bill Number: |
SB 180 |
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SB 180 establishes the California Alliance to Combat Trafficking and Slavery (California ACTS) Task Force, an interagency task force that is charged with evaluating various programs available to victims of trafficking and various criminal statutes addressing human trafficking. Responsibilities include, collecting and analyzing data on trafficking into the state, evaluating the effectiveness of prevention and prosecution efforts, and examining collaborative models between government and nongovernmental organizations for protecting trafficking victims. The task force is require to submit a report of its findings to the Legislature, Governor, and Attorney General by July 1, 2007. The task consists of the Attorney General, members of the legislature, government and law enforcement agencies, as well as representatives from non-governmental organizations and service providers. |
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http://www.leginfo.ca.gov/pub/05-06/bill/sen/sb_0151-0200/sb_180_bill_20050921_chaptered.pdf |
| Effective Date: |
September 21, 2005 |
| Sponsors: |
SB 180 Sponsors: Senator Kuehl, Alquist and Bowen. Assembly Members Dymally, Pavley, and Yee
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