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california legislation > AB 1571

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Date of Hearing: April 24, 2012
Counsel: Milena Blake


ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair

AB 1571 (Donnelly) - As Amended: April 19, 2012


FOR VOTE ONLY


SUMMARY
: Increases the penalties for human trafficking
involving a commercial sex act and creates a new offense of
human smuggling. Specifically, this bill :

1)Specifies that trafficking a person under the age of 18 where
the human trafficking does not involve a commercial sex act is
punishable by imprisonment in the state prison for four, six
or eight years.

2)States that trafficking a person 18 years or older where the
human trafficking involves a commercial sex act is punishable
by imprisonment in the state prison for 10, 12 or 14 years.

3)States that trafficking a person under the age of 18 where the
human trafficking involves a commercial sex act is punishable
by imprisonment in the state prison for 25 years to life.

EXISTING LAW:

1)Provides that any person who deprives or violates the personal
liberty of another with the intent to effect or maintain a
felony violation of enticement of a minor into prostitution,
pimping or pandering, abduction of a minor for the purposes of
prostitution, extortion, or to obtain forced labor or
services, is guilty of human trafficking. ĘPenal Code Section
236.1(a)]:

a) States that violation of this section is punishable by
imprisonment in the state prison for three, four, or five
years. ĘPenal Code Section 236.1(b).]

b) States that violation of this section where the victim








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is under 18 years of age at the time of the commission of
the offense if punishable by imprisonment in the state
prison for four, six, or eight years. ĘPenal Code Section
236.1(c).]

2)States that any person who commits human trafficking involving
a commercial sex act where the victim was under the age of 18
years at the time of the commission of the offense shall be
punished by a fine of not more than $100,000 in addition to
other penalties previously specified. ĘPenal Code Section
236.1(g)(1).]

3)States 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. ĘPenal Code Section
236.1(d).]

4)Defines "commercial sex act" as any sexual conduct on account
of which anything of value is given or received by any person.
ĘPenal Code Section 236.1(g)(2).]

FISCAL EFFECT : Unknown

COMMENTS :

1)Author's Statement : According to the author, "AB 1571 takes
important steps to bring justice to perpetrators of the
vicious crimes of rape and human sex trafficking especially
against children. With busy ports, large immigrant communities
and a porous international border, California has a unique and
vital role to play in putting an end to this inexcusable crime
against innocence, human dignity and liberty. For the sake of
the victims, the communities marred by this exploitation and
future generations of Californians, it is critical that
perpetrators be brought to justice. AB 1571 will help law
enforcement and communities by keeping these criminals off the
streets."

2)On-going Concerns for Prison Overcrowding : In November 2006,
plaintiffs in two ongoing class action lawsuits - Plata v.








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Brown (involving inmate medical care) and Coleman v. Brown
(involving inmate mental health care) - filed motions for the
courts to convene a three-judge panel pursuant to the U.S.
Prison Litigation Reform Act. The plaintiffs argue that
persistent overcrowding in the state's prison system was
preventing the California Department of Corrections and
Rehabilitation (CDCR) from delivering constitutionally
adequate health care to inmates. The three-judge panel
declared that overcrowding in the state's prison system was
the primary reason that CDCR was unable to provide inmates
with constitutionally adequate health care. In January 2010,
the three-judge panel issued its final ruling ordering the
State of California to reduce its prison population by
approximately 50,000 inmates in the next two years.
ĘColeman/Plata vs. Schwarzenegger (2010) No. Civ S-90-0520 LKK
JFM P/NO. C01-1351 THE.]

The United State Supreme Court upheld the decision of the
three-judge panel, declaring that "without a reduction in
overcrowding, there will be no efficacious remedy for the
unconstitutional care of the sick and mentally ill" inmates in
California's prisons. ĘBrown v. Plata (2011) 131 S.Ct. 1910,
1939; 179 L.Ed.2d 969, 999.]

According to a recent report by the Legislative Analyst's
Office, "Based on CDCR's current population projections, it
appears that it will eventually reach the court-imposed
population limit, though not by the June 2013 deadline." ĘSee
Refocusing CDCR After the 2011 Realignment, Feb. 23, 2012,
pp.3; <
http://lao.ca.gov/analysis/2012/crim_justice/cdcr-022312.pdf>.]
"In particular, the projections show the state missing the
final population limit of no more than 110,000 inmates housed
in state prisons by June 2013. Specifically, the projections
show the state exceeding this limit by about 6,000 inmates.
However, the projections indicate that the state will meet the
court-imposed limit by the end of 2014." (Id. at p. 9.)

"While the state has undergone various changes to reduce
overcrowding prior to the passage of the realignment
legislation-including transferring inmates to out-of-state
contract facilities, construction of new facilities, and
various statutory changes to reduce the prison population-the
realignment of adult offenders is the most significant change
undertaken to reduce overcrowding." (Id. at p. 8.) Because








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the provisions of this bill require a defendant to serve his
or her sentence in state prison, it appears to aggravate the
on-going problem of prison overcrowding.

3)Related Legislation :

a) AJR 17 (Solorio), Chapter 124, Statutes of 2011, urged
Congress and the President of the United States to increase
funding for various law enforcement and crime prevention
programs and to fully reimburse states for the cost of
incarcerating undocumented criminals.

b) AB 26 (Donnelly) makes it a felony under specified
circumstances for an undocumented immigrant to be present
on public or private land, and would prohibit public
officials and agencies from adopting a policy that would
restrict enforcement of federal immigration law. AB 26
failed passage in the Assembly Judiciary Committee.

c) AB 1031 (Donnelly) requires an arresting authority
report the presence of an individual to the United States
Immigration and Customs Enforcement if that individual is
arrested for driving under the influence (DUI) or DUI with
injury, as specified, and the individual fails to provide
the arresting authority with the appropriate documentation
demonstrating his or her legal presence in the United
States. AB 1031 failed passage in this Committee.

4)Related Legislation:

a) AB 2212 (Block), clarifies that buildings or places used
for human trafficking can be declared a public nuisance,
and specifies that half of any civil penalties collected
therefrom shall be directed to fund grants for human
trafficking victim services and prevention programs. AB
2212 is pending hearing on the floor of the Assembly.

b) AB 2466 (Blumenfield), permits the freezing of assets in
human trafficking cases prior to the final judgment in the
case. AB 2466 is pending hearing in the Assembly Committee
on Judiciary.

5)Previous Legislation :

a) AB 12 (Swanson), Chapter 75, Statutes of 2011, provides








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that any person convicted of soliciting or engaging in an
act of prostitution, where the person involved in the
solicitation or the act was under 18 years of age, shall be
ordered by the court, to pay an additional fine not to
exceed $25,000.

b) AB 799 (Swanson), Chapter 51, Statutes of 2011, extends
the repeal date to January 1, 2017 of a provision in
existing law that authorizes the Alameda County District
Attorney to create a pilot project, contingent upon local
funding, for the comprehensive, replicative,
multidisciplinary model to address the needs and effective
treatment of commercially sexually exploited minors.

c) AB 1002 (Fong), of the 2009-2010 Legislative session,
would have created the Human Trafficking Trust Fund, and
provided that forfeiture proceeds from human trafficking be
deposited in that fund for use, upon appropriation by the
Legislature, for the purpose of funding services for the
victims of human trafficking and for providing training to
law enforcement and prosecutorial personnel to help combat
human trafficking. The bill failed passage in Assembly
Appropriations Committee.

d) AB 22 (Lieber), Chapter 240, Statutes of 2005, created
the California Trafficking Victims Protection Act, which
established civil and criminal penalties for human
trafficking and allowed for forfeiture of assets derived
from human trafficking. In addition, the Act required law
enforcement agencies to provide Law Enforcement Agency
Endorsement to trafficking victims, providing trafficking
victims with protection from deportation and created the
human trafficking task force.

REGISTERED SUPPORT / OPPOSITION :

Support

California Probation, Parole and Correctional Association
4 Private Individuals

Opposition

American Civil Liberties Union
California Attorneys for Criminal Justice








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California Public Defenders Association
Drug Policy Alliance


Analysis Prepared by
: Milena Blake / PUB. S. / (916) 319-3744