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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)

INTRODUCED BY Assembly Member Donnelly

FEBRUARY 1, 2012

An act to add Section 653.65 to the Penal Code, relating to human
smuggling.


LEGISLATIVE COUNSEL'S DIGEST


AB 1571, as introduced, Donnelly. Crimes: human smuggling.
Under existing law, a person who deprives or violates the personal
liberty of another with intent to effect or maintain specified
felonies, or to obtain forced labor or services, is guilty of human
trafficking, which is a felony.
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.
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 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.