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AB-1571 Crimes: human trafficking.(2011-2012)



Current Version: 04/19/12 - Amended Assembly         Compare Versions information image


AB1571:v97#DOCUMENT

Amended  IN  Assembly  April 19, 2012
Amended  IN  Assembly  March 22, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 1571


Introduced  by  Assembly Member Donnelly
(Coauthor(s): Assembly Member Fletcher, Grove, Hagman, Miller, Olsen)
(Coauthor(s): Senator Anderson, Dutton, Harman, Huff, La Malfa)

February 01, 2012


An act to amend Sections Section 236.1 of, and to add Section 261.3 to, the Penal Code, relating to human trafficking.


LEGISLATIVE COUNSEL'S DIGEST


AB 1571, as amended, Donnelly. Crimes: human trafficking.
Under existing law, a person who deprives or violates the personal liberty of another with intent to effect or maintain specified felonies, including pandering or extortion, or to obtain forced labor or services, is guilty of human trafficking. Under existing law, a person convicted of human trafficking is punished by imprisonment in a state prison for 3, 4, or 5 years, unless the victim is under 18 years of age in which case the term of imprisonment is 4, 6, or 8 years. Existing law requires a fine of $100,000 when a person is convicted of human trafficking involving a commercial sex act and the victim is under 18 years of age.
This bill would make the crime of human trafficking, where the victim is an adult and the crime involves a commercial sex act, punishable by 10, 12, or 14 years in state prison and, where the victim is a minor and the crime involves a commercial sex act, punishable by 25 years to life in a state prison.

Existing law defines rape and unlawful sexual intercourse with a minor and prescribes penalties for these crimes.

This bill would require a person who commits one of these crimes while in the process of committing human trafficking or human smuggling, as defined, to be punished by an additional 10 years in state prison. The bill would also require all time to be served in state prison, including time for the underlying offense that would ordinarily be served in county jail. By

By creating a new crime and increasing duties for local prosecutors, 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   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) A 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, 267, 311.4, or 518, or to obtain forced labor or services, is guilty of human trafficking.
(b) (1) Except as provided in paragraph (2), (3), or (4), a violation of this section is punishable by imprisonment in the state prison for three, four, or five years.
(2) 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, but where the crime did not involve a commercial sex act, is punishable by imprisonment in the state prison for four, six, or eight years.
(3) A violation of this section where the victim of the trafficking was 18 years of age or older and where the human trafficking involved a commercial sex act shall be punishable by imprisonment in the state prison for 10, 12, or 14 years.
(4) 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 and the human trafficking involved a commercial sex act shall be punishable by imprisonment in the state prison for 25 years to life.
(c) (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 an actual or purported passport or immigration document of the victim.
(d) 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.
(e) 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.
(f) (1) In addition to the penalty specified in paragraph (4) of subdivision (b), a 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).
(2) As used in this section, “commercial sex act” means any sexual conduct on account of which anything of value is given or received by any person.
(g) 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.Section 261.3 is added to the Penal Code, to read:
261.3.

(a)A person who commits a violation of Section 261 or 261.5 while in the process of committing a violation of Section 236.1, or while conducting a human smuggling operation shall be punished by 10 years in a state prison. This penalty shall be in addition to other penalties applied under law.

(b)If the violation of Section 261.5 would otherwise be served in a county jail and if the enhancement provided in this section is imposed all time shall be served in state prison.

(c)For purposes of this section, “human smuggling” means the importation of people into the country via the deliberate evasion of immigration laws. This includes bringing illegal aliens into the country, as well as the unlawful transportation and harboring of aliens already in the country illegally.

SEC. 3.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.