SB 1282

Which amends Section 290 of, and adds Section 236.20 to, the Penal Code.  We support this bill because it makes it a felony, punishable by imprisonment in a county jail for 16 months, or 2 or 3 years, to agree to engage in, or engage in, an act of prostitution with a minor who is a victim of human trafficking, and would require the defendant to register as a tier one sex offender. If the defendant knew the minor was a human trafficking victim, the bill would make the crime punishable by imprisonment in the state prison for 5, 8, or 12 years and would require the defendant to register as a sex offender for life.

AB 2008

A bill that adds Section 6074.5 to the Business and Professions Code, relating to the State Bar of California. We support this bill because it (1) ensures that the State Bar of California’s internet website contains links and referrals to a legal information and internet websites that lists legal aid and nonprofit organizations that provide legal services to victims of human trafficking or victims of domestic violence and (2) requires the State Bar to inform all those legal aid or nonprofit organizations that receive funding from the State Bar of the importance of including information about its organization and services on the legal information and referral internet website.

AB 2009

A bill to add Section 94880.3 and to add Article 0.7 (commencing with Section 78010) to Chapter 1 of Part 48 of Division 7 of Title 3 of, the Education Code, relating to postsecondary education for drivers of commercial trucks. We support this bill because it requires human trafficking awareness training for drivers of commercial trucks. Because traffickers often exploit the transportation system to move their victims across the country, truckers are at an advantage in spotting signs and making reports.

AB 2109

A bill to amend Section 236.1 of the Penal Code to add the term “or reasonably believes to be a minor” to the existing penal code for offenses against minors. We support this bill because it expands the scope of sex trafficking crimes against minors by making a person who causes, induces, or persuades, or attempts to cause, induce, or persuade, an adult, whom the person reasonably believes to be a minor at the time of commission of the offense, to engage in a commercial sex act with the intent to effect or maintain a violation of specified other offenses, including child pornography and extortion, guilty of human trafficking and subject to the penalties set forth in the penal code.

AB 2318

A bill that would amend Section 52.6 of the Civil Code to include short-term rentals as newly “defined” such that specified information on access to help and services for victims of slavery and human trafficking. Existing law makes a violation of this requirement punishable by a civil penalty. We support this bill because, as set forth in its ten years of data and analysis from Polaris’ operation of the National Human Trafficking Hotline, 3,376 cases of human trafficking were found involving hotels or motels as a business venue. Between January 2015 and September 2017, 2,680 victims and survivors were identified who had been trafficked at hotels and motels. Human traffickers may opt to use short term rentals such as Airbnb instead of motels or similar venues because of the greater possibility for anonymity. AB 2318 includes these short-term rentals within its scope.

AB 2862

A bill that would amend Section 647 of the Penal Code regarding solicitation of prostitution from a minor. We support this bill because the bill (1) removes the requirement that the person soliciting for prostitution knew or should have known that the person being solicited was a minor at the time of the offense and (2) authorizes a person convicted of this crime to be punished either by the current punishment or by 16 months or 2 or 3 years in state prison, a fine not to exceed $10,000, or by both that fine and imprisonment.

AB 2868

A bill that would amend Section 236.14 of the Penal Code by providing vacatur relief for victims of human trafficking. We support this bill because it prohibits a court from refusing to hear the victim’s petition for vacatur relief on the basis of the petitioner’s outstanding fines and fees or the petitioner’s failure to meet the conditions of probation. With the exception of restitution, the bill would require that the collection of fines imposed as a result of a nonviolent offense that is the subject of the petition be stayed while the petition is pending.

AB 2869

A bill that would amend Section 236.14 of the Penal Code. We support this bill because it allows the victim of sex trafficking petitioner to appear at all hearings on the petition by counsel if the petition is unopposed. The bill allows a petition to be made and heard at any time after the person has ceased to be a victim of human trafficking, or at any time after the petitioner has sought services for being a victim of human trafficking. The bill would specify that the right to petition for relief pursuant to these provisions do not expire with the passage of time.

AB 3059

A bill that would add Section 679.06 to the Penal Code.  We support this bill because it establishes the right of a victim of human trafficking to have a human trafficking advocate and a support person of the victim’s choosing present at any interview by law enforcement authorities, prosecutors, or defense attorneys, and require the attending law enforcement authority or prosecutor to notify or advise, as specified, a victim of human trafficking in a manner similar to the notification or advice provided to victims of domestic violence. The bill also requires a human trafficking advocate to advise the victim of any applicable limitations on the confidentiality of communications between the victim and the human trafficking advocate prior to being present at any interview conducted by law enforcement authorities, prosecutors, or defense attorneys. By imposing a higher level of service on local officers, the bill would impose a state-mandated local program.

SB 357

An act to amend Section 782.1 of the Evidence Code, to amend Sections 647.3, 653.23, and 1203.47 of, to add Section 653.29 to, and to repeal Sections 653.20 and 653.22 of, the Penal Code, to amend Section 99171 of the Public Utilities Code, and to amend Sections 18259 and 18259.3 of the Welfare and Institutions Code, relating to crimes. SB 357, as amended, Wiener. Crimes: loitering for the purpose of engaging in a prostitution offense. Existing law prohibits soliciting or engaging in an act of prostitution, as specified. Existing law also prohibits loitering in a public place with the intent to commit prostitution, as defined, or directing, supervising, recruiting, or aiding a person who is loitering with the intent to commit prostitution, or collecting or receiving all or part of the proceeds of an act of prostitution. Under existing law, a violation of any of these provisions is a misdemeanor. This bill would repeal those provisions related to loitering with the intent to commit prostitution and would make other conforming changes. This bill would also authorize a person convicted of a violation of loitering with the intent to commit prostitution to petition the court for the dismissal and sealing of their case, and resentencing, if applicable. We oppose this bill because it would make street prostitution legal and law enforcement will not be able to intervene, further limiting their tools and resources to track down violent predators and protect trafficking victims.  It would also authorize those convicted of a violation with the intent to commit prostitution to petition the court for the dismissal and sealing of their case. Lastly, those who are already convicted through due process of prostitution or related offenses can have their conviction overturned and be released early from incarceration back into local neighborhoods.

SB 731

This bill would prohibit the record of a conviction for possession of specified controlled substances that is more than 5 years old and for which relief was granted from being presented to the committee or from being used to deny a credential.  This bill would also make this relief available to a defendant who has been convicted of a felony, as long as that conviction does not require registration as a sex offender.  The bill would, commencing July 1, 2023, generally make this arrest record relief available to a person who has been arrested for a felony, including a felony punishable in the state prison, as specified. The bill, commencing July 1, 2023, would additionally make this conviction record relief available for a defendant convicted, on or after January 1, 2005, of a felony for which they did not complete probation without revocation if the defendant appears to have completed all terms of incarceration, probation, mandatory supervision, postrelease community supervision, and parole, and a period of 4 years has elapsed during which the defendant was not convicted of a new felony offense, except as specified. The bill would specify that conviction record relief does not release the defendant from the terms and conditions of unexpired criminal protective orders. This bill would state that conviction record relief does not affect the authority to receive, or take adverse action based on, criminal history information for purposes of teacher credentialing or employment in public education, as specified. The bill would prohibit disclosure of information relating to a conviction for possession of specified controlled substances when the conviction is more than 5 years old and when relief has been granted under these provisions. This bill would require the department to also provide that information to school districts, county offices of education, charter schools, private schools, state special schools for the blind and deaf, or any other entity required to have a background check because of a contract with any of those entities. The bill would prohibit the department from disseminating information for a conviction for possession of specified controlled substances if that conviction is more than 5 years old and relief has been granted. By expanding the scope of a crime, this bill would impose a state-mandated local program. We oppose SB 731 as it would significantly expand automatic sealing eligibility for people who served time in prison. And while people with violent, serious felony records would not be offered the automatic “clean slate,” they could, for the first time, petition to have their records sealed. Virtually all ex-offenders, except registered sex offenders, would now be eligible for relief. Record relief would become available for most defendants convicted of a felony on or after January 1, 2005, if they had completed their sentence and any remaining parole and probation, and had not been convicted of a new felony offense for four years. Californians for Safety and Justice estimates at least 250,000 people would be eligible for automatic record sealing under SB 731, and possibly as many as 400,000. The bill would apply to offenses like domestic violence, and allowing violent criminals back on the street, with their record dismissed. Aside from general criminal records, the bill would aid would-be teachers, who under current law must be denied teaching credentials if they have been convicted of a controlled substance offense. The bill would bar the teacher credentialing commission from considering drug possession convictions that are more than five years old and have been expunged. But the commission and school officials would still have access to other convictions dating to 2020.

SB 1193

California Senate Bill 1193, Civil Code § 52.6 requires specified businesses and establishments to post a notice informing the public and victims of human trafficking of telephone hotlines through which to seek help or report unlawful activity. Human trafficking is a serious issue that involves forced labor and/or sexual exploitation. Human trafficking can happen anywhere, and victims have been identified in our region, including children and other vulnerable people. Survivors of human trafficking often do not know where to turn for help and community members may not know where to report suspicious situations. SB 1193 helps promote access to essential services to combat human trafficking. The law is very specific about who must post, what must be posted and how. Civil Code § 52.6 requires that the public notice to be posted must be at least 8.5 inches by 11 inches and written in size 16 font.  The public notice must state: "If you or someone you know is being forced to engage in any activity and cannot leave -- whether it is commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activity -- text 233-733 (Be Free) or call the National Human Trafficking Hotline at 1-888-373-7888 or the California Coalition to Abolish Slavery and Trafficking (CAST) at 1-888-KEY-2-FRE(EDOM) or 1-888-539-2373 to access help and services. Victims of slavery and human trafficking are protected under United States and California law. The hotlines are available 24 hours a day, 7 days a week. Toll-free. Operated by nonprofit, nongovernmental organizations. Anonymous and confidential. Accessible in more than 160 languages. Able to provide help, referral to services, training, and general information. The notice must be posted in both English and Spanish, and any other language for which translation is required in the county for purposes of the federal Voting Rights Act. Civil Code § 52.6 requires that businesses or establishments must post the notice in a conspicuous place near the public entrance of the establishment or in another conspicuous location in clear view of the public and employees where similar notices are customarily posted. Civil Code § 52.6(e) creates civil liability for a business or establishment that fails to comply with the posting requirement. The penalty for violating this law is $500 for a first offense and $1,000 for each subsequent offense. We approve this bill as it will create attention and awareness at local businesses throughout the community and also provide resources for victims being trafficked so that they can seek help.   

SB 145

The measure, Senate Bill 145, will amend existing state law that allows judges to decide whether an adult convicted of having vaginal sexual intercourse with a minor should register as a sex offender in cases in which the minor is 14 years or older and the adult is not more than 10 years older than the minor. Currently, adults who are convicted of having oral or anal sex with a minor under those circumstances are automatically added to the state’s sex offender registry. SB 145 will eliminate automatic sex offender registration in those cases and give judges discretion to make that decision. Existing law, the Sex Offender Registration Act, requires a person convicted of one of certain crimes, as specified, to register with law enforcement as a sex offender while residing in California or while attending school or working in California, as specified. A willful failure to register, as required by the act, is a misdemeanor or felony, depending on the underlying offense. This bill would exempt from mandatory registration under the act a person convicted of certain offenses involving minors if the person is not more than 10 years older than the minor and if that offense is the only one requiring the person to register. We oppose this bill as it further violates minors and survivors of sex offenders; harms communities with anonymous sex offenders living amongst law-abiding citizens; and deters law enforcement officials from doing their job.