January 26, 2015 Presented by Rose Mukhar, Pro Bono Attorney

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1 January 26, 2015 Presented by Rose Mukhar, Pro Bono Attorney

2 Part 1 Criminal Laws Part 2 Business Laws Part 3 Education & Social Services Laws

3 Victims Rights AB 1585 (Alejo) Expungement of Prostitution Records Prosecuting Traffickers AB 1610 (Bonta) Conditional Examination SB 939 (Block) Streamlining Criminal Jurisdiction SB 955 (Mitchell) Interception of Electronic Communications Prosecuting the Buyer, or Purchaser (AKA John ) AB 1791 (Maienschein) Increased Penalties for Soliciting or Agreeing to Engage In, or Engaging in Sex From a Minor SB 1388 (Lieu) Increased Penalties for Knowingly Purchasing Sex From a Minor

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5 Amends Family Code 8712, 8811, and 8908; Amends Penal Code 11105; and, Adds Penal Code relating to human trafficking Persons convicted of solicitation or prostitution AND Who have completed probation Can petition the court for relief IF They can establish by clear and convincing evidence that the conviction was the result of his or her status as a victim of human trafficking.

6 Allows a court to issue an order that: Sets forth a finding that the petitioner was a victim of human trafficking; Orders expungement relief; and Notifies and prohibits the DOJ from disseminating the petitioner s records for applications/petitions related to adoptions and other specified licensing, employment, and certification requirements.

7 While it does protects a victim s privacy rights Clear & Convincing Evidence is a hard burden Despite being identified as a Victim must have completed any term of probation for that conviction. (includes restitution, court fees)

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9 Amends Penal Code 1335 and 1337 Criminal human trafficking case Court can allow conditional examination of a witness or victim in certain cases if They have been intimidated from testifying, or if they are under the control of the defendant who is preventing them from testifying.

10 Assembly Member Bonta: In Orange County, one victim of human trafficking was murdered and multiple juvenile victims received implicit threats from people inside the community, all while the defendants remained behind bars. Victims of human trafficking are a very vulnerable population subject to being harassed, coerced, or physically harmed or killed to prevent them from testifying in criminal prosecutions. If a victim/a material witness in a human trafficking case has been or is being intimidated or threatened then the party can move for the Court to take the evidence (usually video recording it).

11 (Getty Image: CBS Los Angeles Governor Signs DA-Sponsored Human-Trafficking Bill 8/26/14)

12 Amends Penal Code and Repeals Allows cases involving human trafficking, pimping, and pandering that occur in different jurisdictions to be joined in a single trial if all the district attorneys agree. 2. Must be a joinder hearing within the jurisdiction of the proposed trial. 3. All district attorneys with jurisdiction must agree to the venue. 4. No agreement from a district attorney then jurisdiction is returned to that county. 5. The Court shall consider the location and complexity of the likely evidence, where the majority of the offenses occurred, the rights of the defendant and the people, and the convenience of, or hardship to, the victim or victims and witnesses!

13 Prosecutors can file multiple charges against defendants who committed human trafficking-related offenses across California Saves taxpayer dollars Reduces Victim Trauma

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15 Amends Penal Code Adds human trafficking to the list of offenses for which interception of electronic communications may be ordered. Interception of a wire, oral, or other specified electronic communication. The judge may enter an ex parte order based on probable cause that an individual is committing, has committed, or is about to commit, one of several offenses, including human trafficking.

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17 Amend Penal Code 647 (disorderly conduct) The bill targets people who solicit, or agree to engage in underage prostitution without follow-up on the sexual acts. Punishable by imprisonment in a county jail not exceeding one year, fine not exceeding $2,000, or both. Is this really a deterrent?

18 Before amendments, this bill proposed defendants would faced life in state prison on human trafficking charges regardless of whether they knew the minor s age. But Staff with the Assembly Public Safety Committee raised concerns about whether such a sentence would aggravate overcrowding in prisons.

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20 Amends Penal Code 266k and 647 If the crime is committed and the person solicited was a minor at the time of the offense, AND Defendant knew or should have known the person that was solicited was a minor Imprisonment in a county jail for not less than 2 days, except as specified, and not more than one year, or by a fine not exceeding $10,000, or by both that fine and imprisonment. If convicted the court is authorized to issue additional fine not exceed $25,000.

21 Are Victims Rights Being Enhanced? AB 1585 Expungement of Prostitution Records Are There More Successful Prosecutions Against Traffickers? AB 1610 Conditional Examination SB 939 Streamlining Criminal Jurisdiction SB 955 Interception of Electronic Communications Are There More Successful Prosecutions Against Buyers/Purchasers? AB 1791 Increased Penalties for Soliciting or Agreeing to Engage In, or Engaging in Sex From a Minor SB 1388 Increased Penalties for Knowingly Purchasing Sex From a Minor

22 AB 1147 (Bonilla) Massage Therapy SB 477 (Steinberg) Foreign Labor Contractors SB 1087 (Monning) Farm Labor Contractors & Sexual Harassment

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24 Amends 460 the Business & Professions Code; and of the Government Code. Returns regulatory zoning power to local governments (which ended in 2008). Restructures the California Massage Therapy Council and how massage therapists become certified.

25 Potential Impact? Cities have the tools and the authority to close massage parlors that take part in illicit activities

26 Potential Impact? Hiccups with enforcement of SB 1193? Certain businesses are required to post notices promoting the National Human Trafficking Hotline The mandated posting provides victims of human trafficking with essential information on where to obtain assistance. The posting also provides critical information to the public on how to report suspected human trafficking.

27 Hiccups with enforcement of SB 1193? Sole proprietorships that offer massage services that are not certified by the California Massage Therapy Council are required to post public notices. Cities are adopting ordinances to all newly identified massage establishments to be mandated to post the National Human Trafficking Hotline Number

28 Foreign Labor Contractors must fully disclose employment terms and conditions in writing, and are prohibited from charging workers recruitment fees. California hosts the largest population of temporary foreign workers in the country. As of 2014, there were 130,000 documented workers = represents 14 percent of the nationwide total.

29 Amends , , and of; Adds , , , and to; Repeals and adds of, the Business and Professions Code, relating to foreign labor contractors. Requires foreign labor contractors, on or after July 1, 2016, to be registered with California s Labor Commissioner. The bill penalizes intimidation, coercion, termination or discrimination against a foreign worker or a member of the worker s family in retaliation for a foreign worker s exercise of any rights under this measure. Under SB 477, foreign labor contractors are required to post a surety bond and can be subject to civil fines from $1,000 to $25,000 for violations of the measure.

30 Purpose is to prevent future and to eliminate current sexual harassment among farm laborers. California Labor Commissioner sent out letter in December 2014 advising Contractors of 2015 laws. Rape, groping, and obscene language by abusive supervisors should not be part of the hard labor conditions that immigrant farmworkers endure while producing the nation s food. Grace Meng, researcher in the US Program and author of the Cultivating Fear, Human Rights Watch Report May 16, 2012.

31 Amends 1684, 1685, 1690, , 1694, 1695, , , , and 1697 of the Labor Code. Prevents any person who within the preceding 3 years has been found to have committed sexual harassment of an employee from obtaining a license. Increases the license fee from $500 to $600. Requires applicants to provide the names and addresses of all persons who performed specified services in the previous year. Requires the licensure exam to cover laws and regulations concerning sexual harassment in the workplace. Increases the annual education requirement from 8 to 16 hours and includes required sexual harassment prevention training. Increases the penalty for engaging in farm labor contracting activities without a license to a fine of not less than $10,000 or imprisonment for not less than 6 months jail and not more than one year, or both.

32 AB 1147 Massage Therapy SB 477 Foreign Labor Contractors July 15, 2016 SB 1087 Farm Labor Contractors & Sexual Harassment

33 AB 1623 (Atkins) Family Justice Centers SB 855 (Committee on Budget and Fiscal Review) Addressing Child Sex Trafficking in the Child Welfare System SB 1165 (Mitchell) Sex Trafficking Education in Public Schools

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35 Adds Title 5.3 (commencing with Section 13750) to Part 4 of the Penal Code, relating to family justice centers. Authorizes any city, county, or community-based nonprofit organization to establish a multiagency, multidisciplinary family justice center to assist victims of domestic violence, sexual assault, elder or dependent adult abuse, and human trafficking. Specifies additional confidentiality provisions relating to information disclosed by a victim in a family justice center.

36 Photo from NCYL website 1/26/15

37 Provides $5 million in the budget and $14 million annually beginning in fiscal year to fund: prevention, intervention, and other services for children who are sexually trafficked and to provide training to child welfare and foster caregivers. Allows for a child who is sexually trafficked and whose parent or guardian is unable to protect her, to be served through the dependency system rather than the juvenile justice system. The clarification in the law also allows children engaged in survival sex to also be served through the dependency system.

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39 Includes changes to the Education Code, relating to pupil instruction. Permits sex trafficking prevention education in school districts. Ensures it will be considered for inclusion in the Health Framework for California Public Schools. Encourages school districts to collaborate with outside consultants with expertise in such education in order to create school safety plans to address these issues.

40 AB 1623 Family Justice Centers SB 855 Addressing Child Sex Trafficking in the Child Welfare System SB 1165 Sex Trafficking Education in Public Schools