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SB-35 Human trafficking: California ACTS Task Force.(2019-2020)



Current Version: 09/12/19 - Enrolled         Compare Versions information image


SB35:v94#DOCUMENT

Enrolled  September 12, 2019
Passed  IN  Senate  September 10, 2019
Passed  IN  Assembly  September 09, 2019
Amended  IN  Assembly  September 03, 2019
Amended  IN  Assembly  June 20, 2019
Amended  IN  Senate  May 17, 2019
Amended  IN  Senate  February 14, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 35


Introduced by Senator Chang
(Coauthors: Assembly Members Bauer-Kahan and Gabriel)

December 03, 2018


An act to add and repeal Title 6.7 (commencing with Section 13990) of Part 4 of the Penal Code, relating to human trafficking.


LEGISLATIVE COUNSEL'S DIGEST


SB 35, Chang. Human trafficking: California ACTS Task Force.
Existing law makes a person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services guilty of the crime of human trafficking and subject to imprisonment and a specified fine.
This bill would establish the California Alliance to Combat Trafficking and Slavery (California ACTS) Task Force to collect and organize data on the nature and extent of trafficking of persons in California. The bill would require the task force to examine collaborative models between local and state governments and nongovernmental organizations for protecting victims of trafficking, among other, related duties. Under the bill, the task force would be comprised of specified state officials and specified individuals who have expertise in human trafficking or provide services to victims of human trafficking, as specified. The bill would require the task force to hold its first meeting no later than July 1, 2020, and would require the task force to meet at least 4 times. The bill would require the task force to report its findings and recommendations to the Office of Emergency Services, the Governor, the Attorney General, and the Legislature by July 1, 2023.
The bill would repeal these provisions on January 1, 2024.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Title 6.7 (commencing with Section 13990) is added to Part 4 of the Penal Code, to read:

TITLE 6.7. CALIFORNIA ALLIANCE TO COMBAT TRAFFICKING AND SLAVERY (CALIFORNIA ACTS) TASK FORCE

13990.
 (a) The California Alliance to Combat Trafficking and Slavery (California ACTS) Task Force is hereby established to do all of the following:
(1) Collect and organize publicly available or agency member data on the nature and extent of trafficking of persons in California.
(2) Prepare recommendations for all of the following:
(A) The cost of a prevalence study for the State of California that addresses types of trafficking, including both sex and labor trafficking, and the dynamics of who is being trafficked, including citizenship, gender, age, race, and additional characteristics as identified by the task force as essential to an understanding of the scope and severity of trafficking in persons in California.
(B) The best entity to conduct such a study for California.
(C) How often such a study should be conducted in California to best support early identification of human trafficking victims and prevent future human trafficking in California.
(3) Examine collaborative models between governmental and nongovernmental organizations for protecting victims of trafficking.
(4) Evaluate the progress of the state in preventing trafficking, protecting and providing assistance to victims of trafficking, and prosecuting persons engaged in trafficking.
(5) Provide recommendations to strengthen state and local efforts to address the issues of human trafficking for forced criminality, particularly in the area of drugs, theft, and benefits fraud.
(b) The task force shall be chaired by a designee of the Attorney General. The Department of Justice shall provide staff and support for the task force, to the extent that resources are available.
(c) The task force shall be comprised of the following representatives or their designees:
(1) The Attorney General.
(2) The Secretary of Labor and Workforce Development.
(3) The Director of Social Services.
(4) The Director of Health Care Services.
(5) The Director of Emergency Services.
(6) The State Public Health Officer.
(7) A representative from the California Child Welfare Council.
(8) One representative from the California District Attorneys Association.
(9) One representative from the California Public Defenders Association.
(10) Two representatives of local law enforcement, one selected by the California State Sheriffs’ Association, and one selected by the California Police Chiefs Association.
(11) One mental health professional with expertise on human trafficking, appointed by the Governor.
(12) The Speaker of the Assembly shall appoint one representative from an organization that provides services to victims of human trafficking.
(13) The Senate Committee on Rules shall appoint one representative from an organization that provides services to victims of human trafficking.
(14) The Governor shall appoint a survivor of human trafficking.
(d) Whenever possible, members of the task force shall have experience providing services to trafficked persons or have knowledge of human trafficking issues.
(e) The members of the task force shall serve at the pleasure of the respective appointing authority. Reimbursement of necessary expenses may be provided at the discretion of the respective appointing authority or agency participating in the task force.
(f) The task force shall meet at least four times. Subcommittees may be formed and meet as necessary. All meetings shall be open to the public. The first meeting of the task force shall be held no later than July 1, 2020.
(g) On or before July 1, 2023, the task force shall report its findings and recommendations to the Office of Emergency Services, the Governor, the Attorney General, and the Legislature. At the request of any member, the report may include minority findings and recommendations.
(h) For the purposes of this section, “trafficking” means all acts involved in the recruitment, abduction, transport, harboring, transfer, sale, or receipt of persons, within national or across international borders, through force, coercion, fraud, or deception, to place persons in situations of slavery or slavery-like conditions, forced labor or services, including forced prostitution or sexual services, domestic servitude, bonded sweatshop labor, or other debt bondage.
(i) All reports to the Legislature made pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
(j) This title shall remain in effect only until January 1, 2024, and as of that date is repealed.