12530.5.
(a) For purposes of this section, the following definitions apply:(1) “Forced labor or services” means labor or services that are performed or provided by a person and are obtained or maintained through force, fraud, duress, coercion, or equivalent conduct that would reasonably overbear the will of the person.
(2) “Labor trafficking” means depriving or violating the personal liberty of another person with the intent to obtain forced labor or services.
(3) “Unit” means the Labor Trafficking Unit established within the Department of Justice.
(b) There is hereby established within the Department of Justice the Labor Trafficking Unit.
(c) The unit shall receive labor trafficking reports or complaints from law enforcement agencies and other governmental entities and refer the reports or complaints to appropriate agencies for investigation, prosecution, or other remedies.
(d) The unit shall coordinate with the Department of Industrial Relations, the Civil Rights Department, the Employment Development Department, the State Department of Health Care Services, the State Department of Social Services, the Department of Food and Agriculture, and the Department of Fish and Wildlife.
(e) (1) The unit may coordinate with other relevant state agencies under whose jurisdiction labor trafficking may occur, state and local law enforcement agencies, tribal law enforcement agencies, and district attorneys’ offices.
(2) The unit shall make efforts to ensure that local, state, and tribal entities use a victim-centered approach when receiving and processing victim reports or complaints of labor trafficking and when reporting suspected labor trafficking to the unit.
(f) The unit shall follow a victim-centered approach when processing labor trafficking reports or complaints and shall ensure that victims are informed of the services and options available to them. The unit may coordinate with local, state, and tribal entities to connect victims to available services.
(g) (1) The Department of Industrial Relations and the Civil Rights Department shall collaborate with the unit to develop policies, procedures, and protocols to track, record, and report potential labor trafficking activity to the unit.
(2) On a quarterly basis, the Department of Industrial Relations and the Civil Rights Department shall report the information described in paragraph (1) of subdivision (h) to the unit.
(3) The Department of Industrial Relations and the Civil Rights Department shall report suspected labor trafficking to the unit immediately when, upon investigating business under their purview, they suspect labor trafficking is occurring or has occurred.
(4) The unit shall develop a tracking and reporting system to collect labor trafficking reports and complaints. These reports and complaints shall be aggregated and analyzed to identify potential labor trafficking reports and complaints to be further investigated by the Department of Justice or referred to the appropriate federal, state, or local law enforcement agency, tribal law enforcement agency, or district attorney’s office for civil action, criminal prosecution, or other remedy.
(h) (1) On or before April 1, 2027, and on or before April 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 and type of reports or complaints received, including the date the reports or complaints were received by the reporting agency and the date they were referred to the Department of Justice.
(B) The number and type of reports or complaints investigated by the Department of Justice.
(C) The number and type of referrals by the Department of Justice to law enforcement agencies pursuant to subdivision (c).
(D) Descriptive statistics of demographic characteristics about labor trafficking victims correlated with the industry where the trafficking occurred.
(E) Descriptive statistics of demographic characteristics about labor trafficking victims who were referred for services or support correlated with the names of the agencies where those labor trafficking victims were referred for services or support and the type of services and support available at those agencies if known at the time of referral.
(F) Descriptive statistics of demographic characteristics about persons accused of labor trafficking correlated with the industry where the trafficking occurred.
(2) The unit shall also include in each annual report a discussion of the major challenges to addressing labor trafficking reports and the ongoing efforts to address those challenges.
(3) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
(4) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2036.
(i) (1) The operation of this section is contingent upon adequate appropriation by the Legislature in the annual Budget Act or another statute for the purposes of this section.
(2) If the Legislature does not appropriate adequate funding by January 1, 2030:
(A) This section shall be repealed unless a later enacted statute that is enacted before January 1, 2030, deletes or extends that date.
(B) The Department of Justice shall file with the Secretary of State by January 1, 2030, the department’s determination that the Legislature has not appropriated adequate funding.