Headlines  |  Bills  |  The Nooner  |  Code/Laws  |  ElectionTrack $$$   |  Elections  |  About   |  Contact Scott |  
OR: Create Account  Log In

Get Scott's free daily lunchtime California Capitol news update, THE NOONER:
   
(): (California Assembly Bill)

help



join the cool folks
and advertise on aroundthecapitol.com


california legislation > ():
Warning! This is a not the current version of this legislative bill.
Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.

(pdf version)
AMENDED IN ASSEMBLY MARCH 22, 2012

INTRODUCED BY Assembly Member Donnelly

FEBRUARY 1, 2012

An act to add Section 653.65 to amend
Sections 236.1 of, and to add Section 261.3 to,
the Penal Code,
relating to human smuggling trafficking
.


LEGISLATIVE COUNSEL'S DIGEST


AB 1571, as amended, Donnelly. Crimes: human smuggling.
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 ,
which is a felony
. 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.
Existing law makes it a misdemeanor for a person for compensation
to knowingly make a false or misleading material statement or
assertion of fact in the preparation of an immigration matter that is
detrimentally relied upon by another. Existing law makes violations
of these provisions liable for civil penalties.

This bill would make it a felony, punishable by imprisonment in a
state prison for 16 months or 2 or 3 years, for a person to
intentionally engage in the smuggling of a human being for profit or
commercial purpose. The bill would make it a felony punishable by
imprisonment in a state prison for 5, 7, or 10 years if the person
being smuggled is under 18 years of age and is not accompanied by a
family member over 18 years of age, or the offense involves the use
of a weapon designed for lethal use, as defined. If the offense
involves the use or threatened use of deadly physical force, the
punishment would be 3, 5, or 7 years in a state prison and the
defendant would not be eligible for suspension of sentence,
probation, or other release from custody, except as specified, until
his or her sentence is served. The bill would impose a 10-year
sentence enhancement for committing a specified offense, including a
lewd or lascivious act, during the smuggling of a human being. By
creating a new crime, this bill would impose a state-mandated local
program.

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
reimbursement.
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) Any 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
subdivision (c)
paragraph (2), (3), or (4) , a
violation of this section is punishable by imprisonment in the state
prison for three, four, or five years.
(c)

(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.

(d)

(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 any an
actual or purported passport or immigration document of the victim.

(e)

(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 person.
(f)

(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.
(g)

(f) (1) In addition to the penalty specified in
paragraph (4) of
subdivision (c) (b)
, any 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 dollars ($100,000).
(2) As used in this subdivision section
, "commercial sex act" means any sexual conduct on account of
which anything of value is given or received by any person.
(h)

(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.
SEC. 2. 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. 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.

SECTION 1.
Section 653.65 is added to the Penal
Code, to read:
653.65. (a) Except as provided in subdivisions (b) and (c), it is
a felony punishable by imprisonment in a state prison for 16 months
or 2 or 3 years for a person to intentionally engage in the smuggling
of a human being for profit or commercial purpose.
(b) It is a felony punishable by imprisonment in a state prison
for 5, 7, or 10 years if the human being who is smuggled is under 18
years of age and is not accompanied by a family member over 18 years
of age or the offense involved the use of a weapon designed for
lethal use, including a firearm or an instrument that, under the
circumstances in which it is used or threatened to be used, is
readily capable of causing death or serious physical injury.
(c) It is a felony punishable by imprisonment in the state prison
for three, five, or seven years if the offense involves the use or
threatened use of deadly physical force, and the defendant shall not
be eligible for suspension of sentence, probation, or release from
confinement on another basis, except for participation in a work
release program, until the sentence imposed by the court is served,
the sentence is commuted, or a pardon is granted.
(d) It is a felony punishable by life in prison for a person to
violate subdivision (a) by smuggling a minor into or through this
state for the purpose of sexual slavery.
(e) A person who violates this section, and during the course of
that violation, commits an offense listed in subdivision (c) of
Section 667.61 shall receive an additional sentence of 10 years
imprisonment in the state prison for the violation of this section,
and the sentence under this section shall be consecutive to any
sentence for the offense listed in subdivision (c) of Section 667.61.

(f) Notwithstanding any other law, a peace officer may lawfully
stop a person who is operating a motor vehicle if the officer has
reasonable suspicion to believe the person is in violation of a civil
traffic law and this section.
(g) For purposes of this section, "family member" means a person's
parent, grandparent, sibling, or another person who is related to
the person by consanguinity or affinity to the second degree.
(h) For purposes of this section, "procurement of transportation"
means participation in or facilitation of transportation, including,
but not limited to, all of the following:
(1) Providing services that facilitate transportation including
travel arrangement services or money transmission services.
(2) Providing property that facilitates transportation, including,
but not limited to, a weapon, vehicle, or other means of
transportation or false identification, or the selling, leasing,
renting, or otherwise making available a drop house.
(i) For purposes of this section, "smuggling of a human being"
means the transportation, procurement of transportation, or use of
property or real property by a person or an entity that knows or has
reason to know that the person or persons transported or to be
transported are not United States citizens, permanent resident
aliens, or persons otherwise lawfully in this state or have attempted
to enter, entered, or remained in the United States in violation of
law.
(j) For purposes of this section, "drop house" means property or
real property that is used to facilitate the smuggling of a human
being.

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.