includes proposed additions to law or the previous version of the bill.
includes proposed deletions to law or the previous version of the bill.
AMENDED IN ASSEMBLY APRIL 19, 2012
AMENDED IN ASSEMBLY MARCH 22, 2012
INTRODUCED BY Assembly Member Donnelly
( Coauthors: Assembly Members
Fletcher, Grove, Hagman,
Miller, and Olsen )
( Coauthors: Senators
Anderson, Dutton, Harman, Huff,
and La Malfa )
FEBRUARY 1, 2012
An act to amend
, and to add Section 261.3 to,
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
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
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated 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
(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
(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.
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.