Laws seek to remedy plague of human trafficking

Transcription

1 March 10, 2014 Laws seek to remedy plague of human trafficking By Lori Arnold Research Analyst Two years ago, a variety of anti-trafficking advocacy groups frustrated by an inability of the state legislature to pass laws protecting the vulnerable victims of the sex trade set about to get their own law passed directly by the people. The CASE (Californians Against Sexual Exploitation) Act, spearheaded by California Against Slavery and the Safer California Foundation, appeared on the 2012 ballot as Proposition 35. It called for longer prison terms for human traffickers; required convicted traffickers to register as sex offenders and disclose their internet accounts; removed a provision that required prosecutors to prove force in prosecuting child sex traffickers; mandated increased training for law enforcement; and developed a victims services fund paid for by increased fines on those convicted of human trafficking. The public responded dramatically, approving the measure by a landslide of 81 percent. Furthermore, the positive repercussions of the measure far exceeded the actual law as elected officials finally took notice. While some may accuse lawmakers of merely picking up the cause de jour (i.e. climate change, LGBT rights, gun control, CFA enthusiastically commends California legislators for their newfound interest in curbing the sex trades. Whether the motive is driven by a desire to be trendy or a new awareness of the ravages of modern-day slavery, this is a cause worthy of the extra attention. This session, lawmakers from both parties have introduced at least three dozen bills dealing with the plague of human trafficking. Dozens more tackle other equally troubling issues involving sex crimes. Among the sex-industry bills introduced by legislators are 19 that CFA is monitoring for their potential in helping to eradicate this societal scourge. They deal with the problem from a variety of angles: prevention, enforcement, prosecution, increased penalties and fines, and victim relief and remedies. Over time, the language of these bills will likely be amended and the intent of each proposal will become clearer. In the meantime, there are several at this early stage that we believe merit support: Assembly Bill (AB) 1585 (Alejo D-Salinas) is notable for its compassionate efforts to allow victims of trafficking-related prostitution or solicitation to clear their records after completing probation. The bill has been assigned to Assembly Public Safety Committee and will have its first hearing March 11. Both AB 2424 (Campos D-San Jose) and Senate Bill (SB) 982 (Huff R-Brea) increase penalties for prostitution, although Huff s bill focuses on minors and goes further by elevating such crimes as felonies. The Campos bill is awaiting assignment, while Huff s measure will get its first hearing in the Senate Public Safety Committee. Among those bills that broach prosecution of sex crimes, both SB 838 (Beall D-Campbell) and SB 1084 (Walters R-Irvine) caught our attention. Beall s bill, co-authored by Brian Maienschein (R-San Diego), targets wayward juveniles who prey on their minor peers through cyber bullying or use of social medial to distribute intimate or embarrassing images taken when the victim was unable to give consent because of intoxication, physical disability or mental disorder. SB 982 is in the Senate Rules Committee and SB 1084 is in the Senate Public Safety Committee. Beall is calling his SB 838 Audrie s Law in tribute of a young woman in his district who took her own life after she was sexually assaulted at a high school party in what he called a defenseless state. Her teen attackers took pictures of the assault and later posted them online to intimidate and harass the girl. Because there were no legal protections for victims who are incapacitated, the boys were

2 tried as teens and their identities concealed. SB 838 would allow such defendants to be tried as adults and open their court proceedings to the public. Finally, Walter s SB 1084 would amend the state s three-strike law to allow human trafficking to be considered a qualifying offense to trigger the tougher penalties. It is refreshing to see that in an era of polarizing politics elected officials on both sides can come out of the shadows of partisanship in an effort to protect some of society s most vulnerable those who are forced into the shadowy underground of sexual abuse and slavery. As we continue to speak for these and other victims in our society, we would greatly appreciate your financial support. To give to our educational arm (California Family Council), please visit Actions, week of March 3 AB 375 (Buchanan, D-San Ramon) School employees: Dismissal or suspension. Passed Assembly, Passed Senate, Passed Assembly 52-22, concurrence Governor vetoed Assembly floor, veto reconsideration, no action AB 714 (Wieckowski, D-Fremont) Roman Reed Spinal Cord Injury Research Fund. Passed Assembly, 68-3 Governor vetoed Assembly floor, veto reconsideration, no action On the floor: week of March 10 Assembly Inactive File (Ready for floor vote, requires one-day notice to call for vote) SB 473 (Block, D-San Diego) Human trafficking. Existing law, as amended by Proposition 21, as approved by the voters at the March 7, 2000, statewide primary election, provides that any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang, shall be punished, as specified. Existing law defines a pattern of criminal gang activity as the commission of, attempted commission of, conspiracy to commit, or solicitation of, sustained juvenile petition for, or conviction of, 2 or more listed offenses. This bill would add human trafficking as offenses that may be used to establish a pattern of criminal gang activity. Because this bill would amend Proposition 21, the bill requires a 2/3 vote. Because this bill would change the definition of a crime and require a higher level of service from local prosecutors in pleading and proving the enhancement, it would impose a state-mandated local program. Passed Senate Public Safety Committee, 7-0 Passed Senate Appropriations Committee, as amended, 7-0 Passed Assembly Public Safety, 7, as amended-0 Passed Assembly Appropriations, as amended, 17-0

3 Talking points: Widens the definition of a a pattern of criminal gang activity to include human trafficking. Provides law enforcement with another tool to get human traffickers off of the streets. Further limits access to areas where minors gather for those who have been convicted of sex trafficking offenses. SB 323 (Lara, D-Long Beach) Taxes: exemptions: Prohibited discrimination. The Sales and Use Tax Law exempts from the taxes imposed by that law the sales of food products, nonalcoholic beverages, and other tangible personal property made or produced by an organization, as defined, but only if sold on an irregular or intermittent basis and the organization s profits from the sales are used exclusively in furtherance of the purposes of the organization. The Corporation Tax Law, in modified conformity with federal income tax laws, exempts the income of various types of organizations from taxes imposed by that law. This bill would revise the Sales and Use Tax Law exemption for those organizations, as provided. This bill would also provide, for taxable years beginning on or after January 1, 2014, that an organization that is a public charity youth organization that discriminates on the basis of gender identity, race, sexual orientation, nationality, religion, or religious affiliation is not exempt from the taxes imposed by that law. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 2/3 of the membership of each house of the Legislature. Passed Assembly Public Safety, as amended, 7-0 Passed Assembly Appropriations, as amended, 17-0 Passed Assembly Judiciary, 6-3 Passed Assembly Appropriations, 12-5 Talking points: Punishes nonprofit youth organizations and schools for their moral and religious beliefs. Elevates the cultural rights of homosexuals above religious liberties as guaranteed in the U.S. Constitution and, by doing so inflicts its own type of discrimination. Sets the state up as the purveyor of what type of thought is acceptable. The U.S. Supreme Court, in Boy Scouts of America v. Dale, has affirmed the right of nonprofit organizations to exclude from membership anyone who impacts the group s private viewpoints. The bill is the first-step toward stripping such groups of property tax exemptions and status as a charitable organization. Senate Inactive File (Ready for floor vote, requires one-day notice to call for vote) AB 496 (Gordon, D-Los Altos) Medicine: Sexual orientation, Gender identity, and gender expression. This bill would require the licensed Task Force on Culturally and Linguistically Competent Physicians and Dentists members and advocate task force members to provide health services to, or advocate on behalf of, members of language and ethnic minority groups and lesbian, gay, bisexual, and transgender groups. The bill would require the task force to report its findings to the Legislature and appropriate licensing boards by January 1, Existing law, the Cultural and Linguistic Competency of Physicians Act of 2003, establishes the cultural and linguistic physician competency program which is operated by local medical societies of the California Medical Association and is monitored by the Medical Board of California. That voluntary program consists of educational classes for all interested physicians and is designed to teach

4 foreign language and cultural beliefs and practices that may impact patient health care practices and allow physicians to incorporate this knowledge in the diagnosis and treatment of patients who are not from the predominate culture in California. Existing law also defines cultural and linguistic competency for the purposes of those provisions as understanding and applying the roles that culture, ethnicity, and race play in diagnosis, treatment, and clinical care. This bill would additionally require the program to address lesbian, gay, bisexual, and transgender groups of interest to local medical societies. The bill would require the training programs to be formulated in collaboration with California-based lesbian, gay, bisexual, and transgender medical societies. The bill would also redefine the term cultural and linguistic competency and understanding and applying the roles that culture, ethnicity, race, sexual orientation, gender identity, and gender expression play in diagnosis, treatment, and clinical care. Passed Assembly Business, Professions and Consumer Protection Committee, as amended, 10-1 Passed Assembly Appropriations Committee, 12-5 Passed Assembly, Passed Senate Business, Professions & Economic Development Committee, 8-2 Talking points: Uses taxpayer funds to force Cultural and Linguistic Competency over LGBT issues on physicians and dentists. Contains no opt-out clause for those who oppose the homosexual lifestyle on moral or religious grounds. Adds state-mandated indoctrination upon medical entities, when the industry should be able to determine what type of cultural instruction is best suited for their own business. Establishes and promotes another protected class for homosexuals. Scheduled hearings: week of March 10 Tuesday, March 11 AB 1585 (Alejo D-Salinas) Human trafficking. This bill would provide that if a defendant has been convicted of solicitation or prostitution and has completed any term of probation for that conviction, the defendant may petition the court for relief if the defendant can establish by clear and convincing evidence that the conviction was the result of his or her status as a victim of human trafficking, and would authorize a court to issue an order that (1) sets forth a finding that the defendant was a victim of human trafficking, as specified, (2) dismisses the accusation or information against the defendant, or orders other relief, and (3) notifies the department that the defendant was a victim of human trafficking when he or she committed the crime and the relief that has been ordered. The bill would also exclude records of conviction for which the relief described above has been granted from the criminal records that may be disseminated for various purposes, including the full criminal record obtained in connection with an adoption application. In Assembly Public Safety Committee Scheduled hearings: week of March 17 Tuesday, March 18 AB 1433 (Gatto D- Burbank) Student safety. Existing law, the Kristin Smart Campus Safety Act of 1998, requires the governing boards of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions to adopt rules requiring each of their respective campuses to enter into a written agreement with local law enforcement agencies relating to Part 1 violent crimes. Existing law requires the written agreement to designate which law enforcement

5 agency has operational responsibility for the investigation of each Part 1 violent crime and delineate the specific geographical boundaries of each agency s operational responsibility, including maps as necessary. This bill would provide that the written agreement shall also require any report of a Part 1 violent crime or hate crime received by a campus law enforcement agency to be immediately reported to the appropriate local law enforcement agency if the victim consents, and forbid such a report absent that consent. In Assembly Higher Education Committee Tuesday, March 19 SB 840 (Lara D-Long Beach) Educational equity: local educational agency policies against bullying. Existing law, the Safe Place to Learn Act, requires the State Department of Education to assess whether local educational agencies have taken certain actions related to educational equity, including adopting a policy that prohibits discrimination, harassment, intimidation, and bullying based on specified characteristics such as disability, gender, gender identity, race, or sexual orientation, or association with a person or group with one or more of the specified characteristics and adopting a process for receiving and investigating complaints of discrimination, harassment, intimidation, and bullying based on the specified characteristics. Existing law, the Interagency School Safety Demonstration Act of 1985 (the act), requires certain schoolsite councils to develop a comprehensive school safety plan relevant to the needs and resources of that particular school. The act requires the comprehensive school safety plan to identify appropriate strategies and programs that will provide or maintain a high level of school safety, including the development of a discrimination and harassment policy consistent with the Safe Place to Learn Act. The act also requires each school to forward its comprehensive school safety plan to the school district or county office of education for approval. This bill would require each local educational agency to develop and implement a policy against bullying, as specified, which includes, at a minimum, a procedure for referring victims of bullying to counseling, mental health, or other health services as appropriate, mandatory training for certificated employees on the prevention, and addressing, of bullying, and a procedure for the documentation of all incidents of bullying that take place within the local educational agency as well as the responsive actions taken, if any. In Senate Education Committee