Bill Text


PDF |Add To My Favorites |Track Bill | print page

SB-382 Human trafficking: restraining orders.(2021-2022)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 02/10/2021 09:00 PM
SB382:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 382


Introduced by Senator Caballero
(Coauthor: Senator Eggman)

February 10, 2021


An act to amend Section 236.1 of the Penal Code, relating to human trafficking.


LEGISLATIVE COUNSEL'S DIGEST


SB 382, as introduced, Caballero. Human trafficking: restraining orders.
Existing law, as amended by the Californians Against Sexual Exploitation Act (CASE Act), an initiative measure enacted by the approval of Proposition 35 at the November 6, 2012, statewide general election, makes it a felony to cause, induce, or persuade, or attempt to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to effect or maintain a violation of specified crimes.
Existing law requires a court, if a defendant has been convicted of that offense, to consider issuing an order, valid for up to 10 years, restraining the defendant from any contact with a victim of the crime.
This bill would require a court to issue a restraining order prohibiting a person convicted of violating that provision from having any contact with the minor who was the victim of the violation. The bill would require the duration of that order to be at least 10 years from the date the person completed the term of imprisonment imposed as a result of the violation. The bill would also require, except in specified circumstances, the court to issue a restraining order prohibiting a person held to answer for violating that provision from having any contact with the minor who was the alleged victim of the violation from the date the court found that there was probable cause to believe that the defendant is guilty of violating that provision until the date the person is either acquitted or convicted.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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 obtain forced labor or services, is guilty of human trafficking and shall be punished by imprisonment in the state prison for 5, 8, or 12 years and a fine of not more than five hundred thousand dollars ($500,000).
(b) A person who deprives or violates the personal liberty of another with the intent to effect or maintain a violation of Section 266, 266h, 266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, or 518 is guilty of human trafficking and shall be punished by imprisonment in the state prison for 8, 14, or 20 years and a fine of not more than five hundred thousand dollars ($500,000).
(c) A person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to effect or maintain a violation of Section 266, 266h, 266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, or 518 is guilty of human trafficking. A violation of this subdivision is punishable by imprisonment in the state prison as follows:
(1) Five, 8, or 12 years and a fine of not more than five hundred thousand dollars ($500,000).
(2) Fifteen years to life and a fine of not more than five hundred thousand dollars ($500,000) when the offense involves force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person.
(d) In determining whether a minor was caused, induced, or persuaded to engage in a commercial sex act, the totality of the circumstances, including the age of the victim, his or her the victim’s relationship to the trafficker or agents of the trafficker, and any handicap or disability of the victim, shall be considered.
(e) Consent by a victim of human trafficking who is a minor at the time of the commission of the offense is not a defense to a criminal prosecution under this section.
(f) Mistake of fact as to the age of a victim of human trafficking who is a minor at the time of the commission of the offense is not a defense to a criminal prosecution under this section.
(g) 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(9) 7102(11) of Title 22 of the United States Code.
(h) For purposes of this chapter, the following definitions apply:
(1) “Coercion” includes a scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; the abuse or threatened abuse of the legal process; debt bondage; or providing and facilitating the possession of a controlled substance to a person with the intent to impair the person’s judgment.
(2) “Commercial sex act” means sexual conduct on account of which anything of value is given or received by a person.
(3) “Deprivation or violation of the personal liberty of another” includes substantial and sustained restriction of another’s liberty accomplished through force, fear, 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.
(4) “Duress” includes a direct or implied threat of force, violence, danger, hardship, or retribution sufficient to cause a reasonable person to acquiesce in or perform an act which he or she the person would otherwise not have submitted to or performed; a direct or implied threat to destroy, conceal, remove, confiscate, or possess an actual or purported passport or immigration document of the victim; or knowingly destroying, concealing, removing, confiscating, or possessing an actual or purported passport or immigration document of the victim.
(5) “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, or coercion, or equivalent conduct that would reasonably overbear the will of the person.
(6) “Great bodily injury” means a significant or substantial physical injury.
(7) “Minor” means a person less than 18 years of age.
(8) “Serious harm” includes any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor, services, or commercial sexual acts in order to avoid incurring that harm.
(i) The total circumstances, including the age of the victim, the relationship between the victim and the trafficker or agents of the trafficker, and any handicap or disability of the victim, shall be factors to consider in determining the presence of “deprivation or violation of the personal liberty of another,” “duress,” and “coercion” as described in this section.
(j) (1) A court shall issue a restraining order prohibiting a person convicted of violating subdivision (c) from having any contact with the minor who was the victim of the violation of subdivision (c). The restraining order shall have a duration of at least 10 years from the date the person completed the term of imprisonment imposed as a result of the violation of subdivision (c).
(2) Unless the district attorney requests, and the court orders, otherwise, a court shall issue a restraining order prohibiting a person held to answer for violating subdivision (c) from having any contact with the minor who is alleged to have been the victim of the alleged violation of subdivision (c). The restraining order shall remain in place from the date the court found that there was probable cause to believe that the defendant is guilty of violating subdivision (c) to the date that the person is either acquitted or convicted of violating subdivision (c).