Existing law requires specified businesses and other establishments to post a notice, as developed by the Department of Justice, that contains information relating to slavery and human trafficking, including information regarding specified nonprofit organizations that a person can call for services or support in the elimination of slavery and human trafficking.

This bill would require the notice to specify that a person can also text a specified number for services and support and would revise the names of the nonprofit organizations listed in the notice. The bill, by January 1, 2019, would also require the department to revise and update the notice, as specified. The bill would provide that any business or establishment required to post the model notice would not be required to post the updated model notice until on and after January 1, 2019.

This bill would incorporate additional changes to Section 52.6 of the Civil Code proposed by AB 260 to be operative only if this bill and AB 260 are enacted and this bill is enacted last.

Existing law requires specified businesses and other establishments to post a notice, as developed by the Department of Justice, that contains information relating to slavery and human trafficking, including information regarding specified nonprofit organizations that a person can call for services or support in the elimination of slavery and human trafficking.

This bill would require the notice to specify that a person can also text a specified number for services and support and would revise the names of the nonprofit organizations listed in the notice. The bill, by January 1, 2019, would also require the department to revise and update the notice, as specified. The bill would provide that any business or establishment required to post the model notice would not be required to post the updated model notice until on and after January 1, 2019.

This bill would incorporate additional changes to Section 52.6 of the Civil Code proposed by AB 260 to be operative only if this bill and AB 260 are enacted and this bill is enacted last.

Existing law requires specified businesses and other establishments to post a notice, as developed by the Department of Justice, that contains information relating to slavery and human trafficking, including information regarding specified nonprofit organizations that a person can call for services or support in the elimination of slavery and human trafficking.

This bill would require the notice to specify that a person can also text a specified number for services and support and would revise the names of the nonprofit organizations listed in the notice. The bill, by January 1, 2019, would also require the department to revise and update the notice, as specified. The bill would provide that any business or establishment required to post the model notice would not be required to post the updated model notice until on and after January 1, 2019.

Existing law requires specified businesses and other establishments to post a notice, as developed by the Department of Justice, that contains information relating to slavery and human trafficking, including information regarding specified nonprofit organizations that a person can call for services or support in the elimination of slavery and human trafficking.

This bill would require the notice to specify that a person can also text a specified number for services and support and would revise the names of the nonprofit organizations listed in the notice. The bill, by April 1, 2018, by January 1, 2019, would also require the department to revise and update the notice, as specified. The bill would provide that any business or establishment required to post the model notice would not be required to post the updated model notice until on and after January 1, 2019.

Existing law requires specified businesses and other establishments to post a notice, as developed by the Department of Justice, that contains information relating to slavery and human trafficking, including information regarding specified nonprofit organizations that a person can call for services or support in the elimination of slavery and human trafficking.

This bill would require the notice to specify that a person can also text a specified number for services and support and would revise the names of the nonprofit organizations listed in the notice. The bill, by April 1, 2018, would also require the department to revise and update the notice, as specified.

Existing law requires specified businesses and other establishments to post a notice, as developed by the Department of Justice, that contains information relating to slavery and human trafficking, including information regarding specified nonprofit organizations that a person can call for services or support in the elimination of slavery and human trafficking.

This bill would require the notice to specify that a person can also text a specified nonprofit organizations number for services and support and, and would revise the names of the nonprofit organizations listed in the notice. The bill, by April 1, 2018, would also require the department to revise and update the notice, as specified.

Existing law requires specified businesses and other establishments to post a notice, as developed by the Department of Justice, that contains information relating to slavery and human trafficking, including information regarding specified nonprofit organizations that a person can call for services or support in the elimination of slavery and human trafficking.

This bill would additionally require hotels, motels, inns, bed and breakfasts, and other locations that provide transient lodging, other than personal residences, to post the notice relating to slavery and human trafficking and would require the notice to specify that a person can also text specified nonprofit organizations for services and support. The bill, support and, by April 1, 2018, would require the department to revise and update the notice, as specified.

Existing law requires specified businesses and other establishments to post a notice, as developed by the Department of Justice, that contains information relating to slavery and human trafficking, including information regarding specified nonprofit organizations that a person can call for services or support in the elimination of slavery and human trafficking.

This bill would additionally require hotels, motels, inns, bed and breakfasts, and other locations that provide transient lodging, other than personal residences, to post the notice relating to slavery and human trafficking and would require the notice to specify that a person can also text specified nonprofit organizations for services and support. The bill, by April 1, 2018, would require the department to revise and update the notice, as specified.

 UNFINISHED BUSINESS  

Bill No: SB 225

Author:

:

Vote:

SENATE JUDICIARY COMMITTEE: 7-0, 4/18/17

AYES: Jackson, Moorlach, Anderson, Hertzberg, Monning, Stern, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/17

AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener

SENATE FLOOR: 40-0, 5/31/17 (Consent)

AYES: Allen, Anderson, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk

ASSEMBLY FLOOR: 77-0, 8/31/17 - See last page for vote

SUBJECT:

SOURCE: California National Organization of Women

Conference of California Bar Associations

National Council of Jewish Women California

DIGEST:

This bill requires the notice, provided for in Civil Code Section 52.6, to include language indicating that victims, or those who witness trafficking, can text a special hotline to access help and services, and requires the Department of Justice to update the model notice accordingly.

Assembly Amendments provide an additional year before the Department of Justice must update the model notice and for establishments to post them. It also adds language to avoid chaptering out issues arising from changes made to Section 52.6 of the Civil Code by both AB 260 (Santiago) and this bill.

ANALYSIS:

Existing law:

1. Requires specified businesses and establishments to post notices 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. (Civ. Code Sec. 52.6.)
2. Requires the notices to include specific language regarding hotlines to contact if one is aware of or is a victim of human trafficking. (Civ. Code Sec. 52.6.)
3. Requires the Department of Justice to create a model notice that can be used by businesses and establishments to be in compliance with the posting requirements. (Civ. Code Sec. 52.6.)

This bill:

1. Adds language to the notice indicating that victims or witnesses can also “text” a special hotline to access help and services.
2. Updates the required language of the notice to reflect recent change in the name of a hotline currently listed.
3. Requires the Department of Justice to update the model notice given these changes and to post it on its Web site.
4. Includes language to avoid chaptering out issues arising from changes made to Section 52.6 of the Civil Code by both AB 260 and this bill.

Background

Human trafficking is the world’s fastest growing criminal enterprise, bringing in annual profits in the tens of billions of dollars. Human trafficking is generally defined as the use of force, coercion, or fraud to obtain coerced labor or personal services. A recent report by the National Institute of Justice found that approximately 20 million people are victims of some form of human trafficking worldwide. The U.S. State Department estimates that 14,500 - 17,500 people are trafficked into the United States annually. However, estimates indicate that there are hundreds of thousands of trafficking victims in the United States. Over 80 percent of reported trafficking cases are sex trafficking, rather than labor or other forms. Sex trafficking can and does take place in every community, no matter the cultural make up, the affluence, or the location of a community.

According to the National Human Trafficking Hotline, over 1,300 human trafficking cases were reported in California in 2016 alone, vastly more than any other state. Since 2007, the hotline has received 19,000 calls from California with over 5,000 cases reported. The reported cases nationwide overwhelmingly involved female victims with nearly a third of victims being minors.

Traffickers look for people who are susceptible for a variety of reasons, including psychological or emotional vulnerability, economic hardship, lack of a social safety net, natural disasters, or political instability. Human trafficking is a hidden crime as victims rarely come forward to seek help because of language barriers, fear of the traffickers, and/or fear of law enforcement. A recent report analyzing effective counter-trafficking programs and practices in the United States concluded that “[r]equiring the National Human Trafficking Hotline number to be posted in public places is the most important provision for increasing the number of human trafficking arrests.”

Existing law requires businesses and establishments, including truck stops, health facilities, massage parlors, and transit centers, to post notices 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. The notices are required to include the following language:

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--call the National Human Trafficking Resource Center 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 Department of Justice was required to, and has created, a model notice that can be used by the businesses and establishments to comply with the posting requirements.

This bill adds language to the notice indicating that victims or witnesses can also “text” a special hotline to access help and services. This bill updates the listing of one of the existing hotlines, reflecting a recent change to the organization’s name. The bill also requires the Department of Justice to update the model notice given these changes and to post it on its Web site.

Comments

The author writes:

Human trafficking hotlines have become an important resource for survivors and law enforcement to help the thousands who suffer in silence in our communities and are unsure where to turn for help. Since 2012, specified businesses and transportation venues in California have been required to post a notice informing the public of the telephone hotline numbers for victims to call for assistance or report unlawful activity. Since the law’s enactment, however, human trafficking advocates and law enforcement have reported the need to update the Department of Justice’s model notification to inform the public that they can text, in addition to call, the hotline numbers for assistance. Given advances in modern telecommunications, texting has become not only a more common form of communication among California’s population, but also a preferred means of communication to protect victims and witnesses of human trafficking. For trafficking victims who find themselves in situations where their abuser is in the next room, or just a few steps away, the option of texting is many times the only option for their safety and confidentiality.

SB 225 will bolster statewide efforts to stop human trafficking by enabling text messages to be sent to the hotlines, often the easiest method of communication for victims. Providing the option of a phone call and a text message will greatly enhance the reporting of trafficking crimes and access to services and support for victims.

The ability to text hotlines will likely increase reporting of human trafficking crimes. Especially for younger generations, texting is now a near-universal form of communication. Research conducted by Thorn: Digital Defenders of Children indicates that among child sex trafficking victims text messaging was a “primary form of communication” and that when these victims are under the control of a trafficker, they were “in need of more accessible, discreet forms of communication to seek help.” More and more crisis and intervention hotlines are turning toward texting for these reasons.

Given the research that shows the availability of a hotline is one of the most important tools in combating human trafficking, it stands to reason that including texts as one of the tools will strengthen the fight against this massive global industry. Polaris is a nonprofit organization that works to combat and prevent modern-day slavery and human trafficking. Polaris independently operates a “BeFree” textline. Victims and survivors of human trafficking may send a message to “BeFree” (233733) to get help or to connect with local services. By requiring Polaris’ textline to be included in notices that are posted throughout California, victims of human trafficking have access to a resource that facilitates reporting human trafficking and provides a possible escape route for them. Given the large portion of those victimized by this industry that are minors, the ability to text for help could be the difference between a victim remaining in the shadows and finding a way out.

Updating existing hotline information. One of the organizations currently listed in the required language of the notice has changed its name. The National Human Trafficking Resource Center is now the National Human Trafficking Hotline. This bill updates the required language of the notices to reflect this change.

Related/Prior Legislation

SB 270 (Atkins, 2017) requires hotels and motels in the state to train their employees in recognizing the signs of human trafficking and how to report those signs. It also requires the Department of Justice to develop an approved training program.

SB 597 (Leyva, 2017) allows victims of human trafficking , and certain family members of victims of human trafficking, domestic violence, or stalking, to participate in the Secretary of State’s Safe at Home program.

AB 260 (Santiago, 2017) includes hotels, motels, and other lodging establishments among the businesses that must post signage regarding reporting human trafficking.

SB 1193 (Steinberg, Chapter 515, Statutes of 2012) added Section 52.6 to the Civil Code.

AB 1942 (Garcia, 2016) would have required hotels and motels in the state to train their employees in recognizing the signs of human trafficking and how to report those signs. It would also require the Department of Justice to develop guidelines for such trainings.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Assembly Appropriations Committee:

One-time general fund costs to the Department of Justice of $85,000 in 2017-18 and $122,000 in 2018-19 to manage the contract for translation services necessary to translate the updated notice into various languages.

SUPPORT: (Verified 9/1/17)

California National Organization of Women (co-source)

Conference of California Bar Associations (co-source)

National Council of Jewish Women California (co-source)

Association for Los Angeles Deputy Sheriffs

Association of Deputy District Attorneys

California Association of Code Enforcement Officers

California Catholic Conference

California College and University Police Chiefs Association

California Labor Federation

California Narcotic Officers Association

City of Los Angeles

Coalition to Abolish Slavery & Trafficking

Crime Victims United of California

Hadassah Southern California

Junior League of Orange County California

Los Angeles County Probation Officers Union AFSCME Local 685

Los Angeles County Professional Peace Officers Association

Los Angeles Police Protective League

National Association of Social Workers

Polaris

Riverside Sheriffs’ Association

Ventura County Coalition Against Human Trafficking

Women Lawyers Association of Los Angeles

Women Lawyers of Sacramento

Youth with a Mission

OPPOSITION: (Verified 8/31/17)

None received

ARGUMENTS IN SUPPORT: The City of Los Angeles writes in support that this bill “will modernize human trafficking notices to include a text hotline and help state and local law enforcement in our efforts to address this heinous crime.”

ASSEMBLY FLOOR: 8/31/17, 77-0

Ayes: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

No Vote Recorded: Quirk-Silva, Ridley-Thomas

Prepared by:

9/1/17 11:55:31

**** END ****

SENATE THIRD READING

STR Bill Id:SB 225

Author:(Stern)

As Amended Ver:August 24, 2017

Majority vote

SENATE VOTE: 40-0

SUMMARY: Makes minor changes to the model notice that specified businesses are required to post on their premises regarding human trafficking. Specifically, this bill:

1. Revises the model notice to provide instructions for victims of human trafficking to text, in addition to call, the National Human Trafficking Resource Center, in order to access help and services.
2. Requires, on or before January 1, 2019, the Department of Justice to revise and update the model notice to comply with the requirements of this bill and make the updated model notice available for download on the department's Internet Web site.
3. Includes chaptering-out language to address a conflict between this bill and Assembly Bill 260 (Santiago) of the current legislative session.

EXISTING LAW:

1. Establishes, under federal law, the crimes of kidnapping in interstate or foreign commerce, peonage, slavery and trafficking in persons, and provides for criminal and civil penalties. (18 United States Code (U.S.C.) Sections 1201, 1581-1595.)
2. Provides, under the federal Victims of Trafficking and Violence Protection Act of 2000, the crime of human trafficking, and delineates various federal actions to combat trafficking, punish perpetrators, and provide services to victims of trafficking. (22 U.S.C. Section 7100 et seq.)
3. Provides, under state law, that any person who deprives or violates the personal liberty of another with the intent to effect or maintain prostitution, child pornography, extortion, or to obtain forced labor or services is guilty of human trafficking. (Penal Code Section 236.1.)
4. Provides for mandatory restitution and allows trafficking victims to bring a civil action against his or her trafficker. (Civil Code Section (CIV) 52.5. All further statutory references are to the California Civil Code, unless otherwise indicated.)
5. Provides that any provision of a contract that purports to allow a deduction from a person's wages for the cost of emigrating and transporting that person to the United States would be void as against public policy. (CIV Section 1670.7.)
6. Requires that all retailers and manufacturers doing business in the state and who generate in excess of one hundred million dollars in "gross receipts" to publicly "disclose its efforts to eradicate slavery and human trafficking from their direct supply chains for tangible goods offered for sale." (CIV Section 1714.43.)
7. Requires the operators of bars, adult or sexually oriented businesses, massage businesses that are not licensed by a central massage licensing authority, airports, rail stations, bus stations, highway truck stops, emergency rooms, urgent care centers, farm labor contractors, privately operated job recruitment centers, and roadside rest stops to post a conspicuous notice publicizing human trafficking resources. (CIV Section 52.6(a).)
8. Requires the Department of Justice to develop a model notice and to make a model notice available on the Department of Justice's website. (CIV Section 52.6(d).)
9. Provides that a business or establishment that fails to comply with the above posting requirements is liable for a civil penalty of $500 for a first offense and $1,000 for each subsequent offense. (CIV Section 52.6(e).)
10. Allows a government entity to bring an action to impose a civil penalty pursuant to this subdivision against a business or establishment if a local or state agency with authority to regulate that business or establishment has satisfied both of the following:
    1. The business or establishment has reasonable notice of noncompliance, which informs the business or establishment that it is subject to a civil penalty if it does not correct the violation within 30 days from the date the notice is sent to the business or establishment.
    2. The violation is not corrected within the 30-day period. (CIV Section 52.6(e).)
11. Allows for the seizure of any real property that is used to facilitate human trafficking. (Penal Code Section 236.3.)

FISCAL EFFECT: According to the Assembly Appropriations Committee, one-time general fund costs to the Department of Justice of $85,000 in 2017-18 and $122,000 in 2018-19 to manage the contract for translation services necessary to translate the updated notice into various languages.

COMMENTS: This bill represents a small step in the Legislature's continuing efforts to battle the tragedy of human trafficking by making minor revisions to the model notice that specified businesses are required to post on their premises regarding human trafficking. According to the author:

SB 225 will bolster statewide efforts to stop human trafficking by enabling text messages to be sent to the hotlines, often the easiest method of communication for victims. Providing the option of a phone call and a text message will greatly enhance the reporting of trafficking crimes and access to services and support for victims.

Scope of the human trafficking problem in general. Human trafficking is a major problem in the United States, especially in the State of California, where there were more reports of human trafficking in 2016 than any other state in the nation. The National Human Trafficking Hotline (NHTH) reports that it received 26,727 calls about human trafficking in 2016. 1,434 cases of human trafficking in hotels and motels were reported to the National Human Trafficking Resource Center and an emergency texting helpline between 2007 and 2015. Nationwide, according to the NHTH, more than 7,500 human trafficking cases were reported last year. More than 1,300 of those reports – nearly twice the number of any other state – were from California. (https://humantraffickinghotline.org/states)

As one way to address this problem, existing California law requires specified businesses and other establishments to post a model notice that contains information related to slavery and human trafficking, including contact information for specified nonprofit organizations that provide services in support of the elimination of slavery and human trafficking. Existing law requires businesses and establishments, including truck stops, health facilities, massage parlors, and transit centers, to post notices 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. The notices are required to include the following language:

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 – call the National Human Trafficking Resource Center 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:

1. Available 24 hours a day, 7 days a week.
2. Toll-free.
3. Operated by nonprofit, nongovernmental organizations.
4. Anonymous and confidential.
5. Accessible in more than 160 languages.
6. Able to provide help, referral to services, training, and general information.

The Department of Justice is required to, and has created, a model notice that can be used by the businesses and establishments to comply with the above posting requirements.

This bill makes minor changes to the model notice that specified businesses are required to post on their premises regarding human trafficking. According to the author, human trafficking advocates and law enforcement have reported the need to update the Department of Justice's model notification to inform the public that they can text, in addition to call, the hotline numbers for assistance. Given advances in modern telecommunications, texting has become not only a more common form of communication among California's population, but also a preferred means of communication to protect victims and witnesses of human trafficking.

Accordingly, this bill revises the model notice to provide instructions for victims of human trafficking to text, in addition to call, the National Human Trafficking Resource Center, in order to access help and services. It also requires, on or before January 1, 2019, the Department of Justice to revise and update the model notice to comply with the requirements of this bill and make the updated model notice available for download on the department's Internet Web site.

Analysis Prepared by: Alison Merrilees / JUD. / (916) 319-2334 FN: 0001291

SENATE THIRD READING

STR Bill Id:

Author:(Stern)

As Amended Ver:

Majority vote

SENATE VOTE: 40-0

SUMMARY: Makes minor changes to the model notice that specified businesses are required to post on their premises regarding human trafficking. Specifically, this bill:

1. Revises the model notice to provide instructions for victims of human trafficking to text, in addition to call, the National Human Trafficking Resource Center, in order to access help and services.
2. Requires, on or before January 1, 2019, the Department of Justice to revise and update the model notice to comply with the requirements of this bill and make the updated model notice available for download on the department's Internet Web site.

EXISTING LAW:

1. Establishes, under federal law, the crimes of kidnapping in interstate or foreign commerce, peonage, slavery and trafficking in persons, and provides for criminal and civil penalties. (18 United States Code (U.S.C.) Sections 1201, 1581-1595.)
2. Provides, under the federal Victims of Trafficking and Violence Protection Act of 2000, the crime of human trafficking, and delineates various federal actions to combat trafficking, punish perpetrators, and provide services to victims of trafficking. (22 U.S.C. Section 7100 et seq.)
3. Provides, under state law, that any person who deprives or violates the personal liberty of another with the intent to effect or maintain prostitution, child pornography, extortion, or to obtain forced labor or services is guilty of human trafficking. (Penal Code Section 236.1.)
4. Provides for mandatory restitution and allows trafficking victims to bring a civil action against his or her trafficker. (Civil Code Section (CIV) 52.5. All further statutory references are to the California Civil Code, unless otherwise indicated.)
5. Provides that any provision of a contract that purports to allow a deduction from a person's wages for the cost of emigrating and transporting that person to the United States would be void as against public policy. (CIV Section 1670.7.)
6. Requires that all retailers and manufacturers doing business in the state and who generate in excess of one hundred million dollars in "gross receipts" to publicly "disclose its efforts to eradicate slavery and human trafficking from their direct supply chains for tangible goods offered for sale." (CIV Section 1714.43.)
7. Requires the operators of bars, adult or sexually oriented businesses, massage businesses that are not licensed by a central massage licensing authority, airports, rail stations, bus stations, highway truck stops, emergency rooms, urgent care centers, farm labor contractors, privately operated job recruitment centers, and roadside rest stops to post a conspicuous notice publicizing human trafficking resources. (CIV Section 52.6(a).)
8. Requires the Department of Justice to develop a model notice and to make a model notice available on the Department of Justice's website. (CIV Section 52.6(d).)
9. Provides that a business or establishment that fails to comply with the above posting requirements is liable for a civil penalty of $500 for a first offense and $1,000 for each subsequent offense. (CIV Section 52.6(e).)
10. Allows a government entity to bring an action to impose a civil penalty pursuant to this subdivision against a business or establishment if a local or state agency with authority to regulate that business or establishment has satisfied both of the following:
    1. The business or establishment has reasonable notice of noncompliance, which informs the business or establishment that it is subject to a civil penalty if it does not correct the violation within 30 days from the date the notice is sent to the business or establishment.
    2. The violation is not corrected within the 30-day period. (CIV Section 52.6(e).)
11. Allows for the seizure of any real property that is used to facilitate human trafficking. (Penal Code Section 236.3.)

FISCAL EFFECT: According to the Assembly Appropriations Committee, one-time GF (general fund) costs to the Department of Justice of $85,000 in 2017-18 and $122,000 in 2018-19 to manage the contract for translation services necessary to translate the updated notice into various languages.

COMMENTS: This bill represents a small step in the Legislature's continuing efforts to battle the tragedy of human trafficking by making minor revisions to the model notice that specified businesses are required to post on their premises regarding human trafficking. According to the author:

SB 225 will bolster statewide efforts to stop human trafficking by enabling text messages to be sent to the hotlines, often the easiest method of communication for victims. Providing the option of a phone call and a text message will greatly enhance the reporting of trafficking crimes and access to services and support for victims.

Scope of the human trafficking problem in general. Human trafficking is a major problem in the United States, especially in the State of California, where there were more reports of human trafficking in 2016 than any other state in the nation. The National Human Trafficking Hotline (NHTH) reports that it received 26,727 calls about human trafficking in 2016. 1,434 cases of human trafficking in hotels and motels were reported to the National Human Trafficking Resource Center and an emergency texting helpline between 2007 and 2015. Nationwide, according to the NHTH, more than 7,500 human trafficking cases were reported last year. More than 1,300 of those reports – nearly twice the number of any other state – were from California. (https://humantraffickinghotline.org/states)

As one way to address this problem, existing California law requires specified businesses and other establishments to post a model notice that contains information related to slavery and human trafficking, including contact information for specified nonprofit organizations that provide services in support of the elimination of slavery and human trafficking. Existing law requires businesses and establishments, including truck stops, health facilities, massage parlors, and transit centers, to post notices 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. The notices are required to include the following language:

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 – call the National Human Trafficking Resource Center 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:

1. Available 24 hours a day, 7 days a week.
2. Toll-free.
3. Operated by nonprofit, nongovernmental organizations.
4. Anonymous and confidential.
5. Accessible in more than 160 languages.
6. Able to provide help, referral to services, training, and general information.

The Department of Justice is required to, and has created, a model notice that can be used by the businesses and establishments to comply with the above posting requirements.

This bill makes minor changes to the model notice that specified businesses are required to post on their premises regarding human trafficking. According to the author, human trafficking advocates and law enforcement have reported the need to update the Department of Justice's model notification to inform the public that they can text, in addition to call, the hotline numbers for assistance. Given advances in modern telecommunications, texting has become not only a more common form of communication among California's population, but also a preferred means of communication to protect victims and witnesses of human trafficking.

Accordingly, this bill revises the model notice to provide instructions for victims of human trafficking to text, in addition to call, the National Human Trafficking Resource Center, in order to access help and services. It also requires, on or before January 1, 2019, the Department of Justice to revise and update the model notice to comply with the requirements of this bill and make the updated model notice available for download on the department's Internet Web site.

Analysis Prepared by: Alison Merrilees / JUD. / (916) 319-2334 FN: 0001288

Date of Hearing: July 19, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

SBPCA Bill Id:SB 225

Author:(Stern) – As Amended Ver:July 12, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill makes minor changes to the notice that specified businesses are required to post on their premises regarding human trafficking. Specifically, this bill:

1. Revises the notice to provide instructions for victims of human trafficking to text, in addition to call, the National Human Trafficking Resource Center, in order to access help and services.
2. Requires, on or before January 1, 2019, the Department of Justice (DOJ) to revise and update the notice to comply with the requirements of this bill and make the updated notice available for download on the department’s website.

FISCAL EFFECT:

One-time GF costs to DOJ of $85,000 in 2017-18 and $122,000 in 2018-19 to manage the contract for translation services necessary to translate the updated notice into various languages.

COMMENTS:

1. Background. Existing law requires the operators of bars, adult or sexually oriented businesses, massage businesses that are not licensed by a central massage licensing authority, airports, rail stations, bus stations, highway truck stops, emergency rooms, urgent care centers, farm labor contractors, privately operated job recruitment centers, and roadside rest stops to post a conspicuous notice publicizing resources available to human trafficking victims. DOJ is required to develop a model notice for use by the above described entities and to make the model notice available on the DOJ’s website.
2. Purpose. According to the author, “SB 225 will bolster statewide efforts to stop human trafficking by enabling text messages to be sent to the hotlines, often the easiest method of communication for victims. Providing the option of a phone call and a text message will greatly enhance the reporting of trafficking crimes and access to services and support for victims.”
3. Related and Prior Legislation. AB 260 (Santiago) of the current Legislative Session adds hotels, motels, bed and breakfasts inns, and other similar lodging establishments to the list of businesses that are required to post the notice about resources for human trafficking victims on their premises. AB 260 is pending on the Senate Floor.

AB 1595 (Campos) of the 2015-16 Legislative Session would have required training for private and public employers that provide mass transportation services in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency. AB 1595 was held in this committee on Suspense.

AB 1942 (C. Garcia) of the 2015-16 Legislative Session would have required hotel and motel employees who are likely to come into contact with victims of human trafficking in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency. AB 1942 was held in this committee on Suspense.

Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081

Date of Hearing: June 20, 2017

ASSEMBLY COMMITTEE ON JUDICIARY

Mark Stone, Chair

SBPCA Bill Id:SB 225

Author:(Stern) – As Amended Ver:April 20, 2017

PROPOSED CONSENT

SENATE VOTE: 40-0

SUBJECT: HUMAN TRAFFICKING: NOTICE

KEY ISSUE: SHOULD MINOR REVISIONS, INCLUDING TO PROVIDE INSTRUCTIONS FOR HOW VICTIMS CAN TEXT, IN ADDITION TO CALL, THE NATIONAL HUMAN TRAFFICKING RESOURCE CENTER, IN ORDER TO ACCESS HELP AND SERVICES, BE MADE TO THE MODEL NOTICE REGARDING HUMAN TRAFFICKING THAT SPECIFIED BUSINESSES ARE REQUIRED TO POST ON THEIR PREMISES?

SYNOPSIS

This bill represents a very small step in the Legislature’s continuing efforts to battle the tragedy of human trafficking by making minor revisions to the model notice that specified businesses are required to post on their premises regarding human trafficking. Existing California law (Civil Code Section 52.6) requires specified businesses and other establishments to post a model notice that contains information related to slavery and human trafficking, including contact information for specified nonprofit organizations that provide services in support of the elimination of slavery and human trafficking. This bill makes minor changes to the model notice that specified businesses are required to post on their premises regarding human trafficking. Specifically, it revises the model notice to provide instructions for victims of human trafficking to text, in addition to call, the National Human Trafficking Resource Center, in order to access help and services. It also requires, on or before April 1, 2018, the Department of Justice to revise and update the model notice to comply with the requirements of this bill and make the updated model notice available for download on the department’s Internet Web site. According to the author, “SB 225 will bolster statewide efforts to stop human trafficking by enabling text messages to be sent to the hotlines, often the easiest method of communication for victims. Providing the option of a phone call and a text message will greatly enhance the reporting of trafficking crimes and access to services and support for victims.” This bill is co-sponsored by the California National Organization of Women; the Conference of California Bar Associations; and the National Council of Jewish Women California. It is supported by a large number of law enforcement and victim advocacy organizations and has no opposition on file.

SUMMARY: Makes minor changes to the model notice that specified businesses are required to post on their premises regarding human trafficking. Specifically, this bill:

1. Revises the model notice to provide instructions for victims of human trafficking to text, in addition to call, the National Human Trafficking Resource Center, in order to access help and services.
2. Requires, on or before April 1, 2018, the Department of Justice to revise and update the model notice to comply with the requirements of this bill and make the updated model notice available for download on the department’s Internet Web site.

EXISTING LAW:

1. Establishes, under federal law, the crimes of kidnapping in interstate or foreign commerce, peonage, slavery and trafficking in persons, and provides for criminal and civil penalties. (18 U.S.C. Secs. 1201, 1581-1595.)
2. Provides, under the federal Victims of Trafficking and Violence Protection Act of 2000, the crime of human trafficking, and delineates various federal actions to combat trafficking, punish perpetrators, and provide services to victims of trafficking. (22 U.S.C. Sec. 7100 et seq.)
3. Provides, under state law, that any person who deprives or violates the personal liberty of another with the intent to effect or maintain prostitution, child pornography, extortion, or to obtain forced labor or services is guilty of human trafficking. (Penal Code Sec. 236.1.)
4. Provides for mandatory restitution and allows trafficking victims to bring a civil action against his or her trafficker. (Civil Code Section 52.5. All further statutory references are to the California Civil Code, unless otherwise indicated.)
5. Provides that any provision of a contract that purports to allow a deduction from a person’s wages for the cost of emigrating and transporting that person to the United States would be void as against public policy. (Section 1670.7.)
6. Requires that all retailers and manufacturers doing business in the state and who generate in excess of one hundred million dollars in “gross receipts” to publicly “disclose its efforts to eradicate slavery and human trafficking from their direct supply chains for tangible goods offered for sale.” (Section 1714.43.)
7. Requires the operators of bars, adult or sexually oriented businesses, massage businesses that are not licensed by a central massage licensing authority, airports, rail stations, bus stations, highway truck stops, emergency rooms, urgent care centers, farm labor contractors, privately operated job recruitment centers, and roadside rest stops to post a conspicuous notice publicizing human trafficking resources. (Section 52.6 (a).)
8. Requires the Department of Justice to develop a model notice and to make a model notice available on the Department of Justice’s website. (Section 52.6 (d).)
9. Provides that a business or establishment that fails to comply with the above posting requirements is liable for a civil penalty of five hundred dollars ($500) for a first offense and one thousand dollars ($1,000) for each subsequent offense. (Section 52.6 (e).)
10. Allows a government entity to bring an action to impose a civil penalty pursuant to this subdivision against a business or establishment if a local or state agency with authority to regulate that business or establishment has satisfied both of the following:
    1. The business or establishment has reasonable notice of noncompliance, which informs the business or establishment that it is subject to a civil penalty if it does not correct the violation within 30 days from the date the notice is sent to the business or establishment.
    2. The violation is not corrected within the 30-day period. (Section 52.6 (e).)
11. Allows for the seizure of any real property that is used to facilitate human trafficking. (Penal Code Section 236.3.)

FISCAL EFFECT: As currently in print this bill is keyed fiscal.

COMMENTS: This bill represents a small step in the Legislature’s continuing efforts to battle the tragedy of human trafficking by making minor revisions to the model notice that specified businesses are required to post on their premises regarding human trafficking. According to the author:

SB 225 will bolster statewide efforts to stop human trafficking by enabling text messages to be sent to the hotlines, often the easiest method of communication for victims. Providing the option of a phone call and a text message will greatly enhance the reporting of trafficking crimes and access to services and support for victims.

Scope of the human trafficking problem in general. Human trafficking is a major problem in the United States, especially in the State of California, where there were more reports of human trafficking in 2016 than any other state in the nation. The National Human Trafficking Hotline (NHTH) reports that it received 26,727 calls about human trafficking in 2016. 1,434 cases of human trafficking in hotels and motels were reported to the National Human Trafficking Resource Center and an emergency texting helpline between 2007 and 2015. Nationwide, according to the NHTH, more than 7,500 human trafficking cases were reported last year. More than 1,300 of those reports—nearly twice the number of any other state—were from California. (https://humantraffickinghotline.org/states)

As one way to address this problem, existing California law (Section 52.6) requires specified businesses and other establishments to post a model notice that contains information related to slavery and human trafficking, including contact information for specified nonprofit organizations that provide services in support of the elimination of slavery and human trafficking. Existing law requires businesses and establishments, including truck stops, health facilities, massage parlors, and transit centers, to post notices 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. The notices are required to include the following language:

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--call the National Human Trafficking Resource Center 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 Department of Justice is required to, and has created, a model notice that can be used by the businesses and establishments to comply with the above posting requirements.

This bill makes minor changes to the model notice that specified businesses are required to post on their premises regarding human trafficking. According to the author, human trafficking advocates and law enforcement have reported the need to update the Department of Justice’s model notification to inform the public that they can text, in addition to call, the hotline numbers for assistance. Given advances in modern telecommunications, texting has become not only a more common form of communication among California’s population, but also a preferred means of communication to protect victims and witnesses of human trafficking.

Accordingly, this bill revises the model notice to provide instructions for victims of human trafficking to text, in addition to call, the National Human Trafficking Resource Center, in order to access help and services. It also requires, on or before April 1, 2018, the Department of Justice to revise and update the model notice to comply with the requirements of this bill and make the updated model notice available for download on the department’s Internet Web site.

PENDING SIMILAR LEGISLATION: AB 260 (Santiago) of the current session adds hotels, motels, bed and breakfasts inns, and other similar lodging establishments, other than personal residences, to the list of businesses that are required to post a model notice on their premises regarding human trafficking. AB 260 is pending a hearing in the Senate Judiciary Committee.

SB 270 (Atkins) of the current session, similar to last session’s AB 1942 (C. Garcia), would require a hotel or motel that provides lodging services in the state to train its employees who are likely to interact or come into contact with victims of human trafficking in recognizing the signs of human trafficking and reporting those signs to an appropriate law enforcement agency. SB 270 was held on the Suspense File in the Senate Appropriations Committee.

RECENT SIMILAR LEGISLATION: AB 1595 (Campos, 2016) requires training for private and public employers that provide mass transportation services in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency. AB 1595 died in the Assembly Appropriations Committee after being referred to the suspense file.

AB 1942 (C. Garcia, 2016) would have required hotel and motel employees who are likely to come into contact with victims of human trafficking in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency. AB 1942 died in the Assembly Appropriations Committee after being referred to the suspense file.

AB 22 (Lieber, Chapter 240, Statutes of 2005) enacted the California Trafficking Victims Protection Act, which established civil and criminal penalties for human trafficking and allowed for forfeiture of assets derived from human trafficking.

SB 657 (Steinberg, Chapter 556, Statutes of 2012), the California Transparency in Supply Chains Act, encourages large businesses to voluntarily take steps to use their substantial economic leverage to deter forced labor from being used in their supply chains.

SB 1230 (DeSaulnier, 2010) required public postings regarding human trafficking for specified businesses. This bill passed the Legislature in 2010, but was vetoed.

SB 180 (Kuehl, Chapter 239, Statutes of 2005) established the California Alliance to Combat Trafficking and Slavery (California ACTS) Task Force.

REGISTERED SUPPORT / OPPOSITION:

Support

California National Organization of Women (co-sponsor)

Conference of California Bar Associations (co-sponsor)

National Council of Jewish Women California (co-sponsor)

Association for Los Angeles Deputy Sheriffs

Association of Deputy District Attorneys

California Association of Code Enforcement Officers

California Catholic Conference

California College and University Police Chiefs Association

California Labor Federation

California Narcotic Officers Association

City of Los Angeles

Coalition to Abolish Slavery & Trafficking

Crime Victims United of California

Hadassah Southern California

Junior League of Orange County California

Junior League of San Diego

Los Angeles County Probation Officers Union AFSCME Local 685

Los Angeles County Professional Peace Officers Association

Los Angeles Police Protective League

Riverside Sheriffs’ Association

Women Lawyers Association of Los Angeles

Women Lawyers of Sacramento

Opposition

None on file

Analysis Prepared by: Alison Merrilees / JUD. / (916) 319-2334

 THIRD READING  

Bill No: SB 225

Author:

:

Vote:

SENATE JUDICIARY COMMITTEE: 7-0, 4/18/17

AYES: Jackson, Moorlach, Anderson, Hertzberg, Monning, Stern, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/17

AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener

SUBJECT:

SOURCE: California National Organization of Women

Conference of California Bar Associations

National Council of Jewish Women California

DIGEST:

This bill requires the notice, provided for in Civil Code Section 52.6, to include language indicating that victims, or those who witness trafficking, can text a special hotline to access help and services, and requires the Department of Justice to update the model notice accordingly.

ANALYSIS:

Existing law:

1. Requires specified businesses and establishments to post notices 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. (Civ. Code Sec. 52.6.)
2. Requires the notices to include specific language regarding hotlines to contact if one is aware of or is a victim of human trafficking. (Civ. Code Sec. 52.6.)
3. Requires the Department of Justice to create a model notice that can be used by businesses and establishments to be in compliance with the posting requirements. (Civ. Code Sec. 52.6.)

This bill:

1. Adds language to the notice indicating that victims or witnesses can also “text” a special hotline to access help and services.
2. Updates the required language of the notice to reflect recent change in the name of a hotline currently listed.
3. Requires the Department of Justice to update the model notice given these changes and to post it on its Web site.

Background

Human trafficking is the world’s fastest growing criminal enterprise, bringing in annual profits in the tens of billions of dollars. Human trafficking is generally defined as the use of force, coercion, or fraud to obtain coerced labor or personal services. A recent report by the National Institute of Justice found that approximately 20 million people are victims of some form of human trafficking worldwide. The U.S. State Department estimates that 14,500 - 17,500 people are trafficked into the United States annually. However, estimates indicate that there are hundreds of thousands of trafficking victims in the United States. Over 80 percent of reported trafficking cases are sex trafficking, rather than labor or other forms. Sex trafficking can and does take place in every community, no matter the cultural make up, the affluence, or the location of a community.

According to the National Human Trafficking Hotline, over 1,300 human trafficking cases were reported in California in 2016 alone, vastly more than any other state. Since 2007, the hotline has received 19,000 calls from California with over 5,000 cases reported. The reported cases nationwide overwhelmingly involved female victims with nearly a third of victims being minors.

Traffickers look for people who are susceptible for a variety of reasons, including psychological or emotional vulnerability, economic hardship, lack of a social safety net, natural disasters, or political instability. Human trafficking is a hidden crime as victims rarely come forward to seek help because of language barriers, fear of the traffickers, and/or fear of law enforcement. A recent report analyzing effective counter-trafficking programs and practices in the United States concluded that “[r]equiring the National Human Trafficking Hotline number to be posted in public places is the most important provision for increasing the number of human trafficking arrests.”

Existing law requires businesses and establishments, including truck stops, health facilities, massage parlors, and transit centers, to post notices 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. The notices are required to include the following language:

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--call the National Human Trafficking Resource Center 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 Department of Justice was required to, and has created, a model notice that can be used by the businesses and establishments to comply with the posting requirements.

This bill adds language to the notice indicating that victims or witnesses can also “text” a special hotline to access help and services. This bill updates the listing of one of the existing hotlines, reflecting a recent change to the organization’s name. The bill also requires the Department of Justice to update the model notice given these changes and to post it on its Web site.

Comments

The author writes:

Human trafficking hotlines have become an important resource for survivors and law enforcement to help the thousands who suffer in silence in our communities and are unsure where to turn for help. Since 2012, specified businesses and transportation venues in California have been required to post a notice informing the public of the telephone hotline numbers for victims to call for assistance or report unlawful activity. Since the law’s enactment, however, human trafficking advocates and law enforcement have reported the need to update the Department of Justice’s model notification to inform the public that they can text, in addition to call, the hotline numbers for assistance. Given advances in modern telecommunications, texting has become not only a more common form of communication among California’s population, but also a preferred means of communication to protect victims and witnesses of human trafficking. For trafficking victims who find themselves in situations where their abuser is in the next room, or just a few steps away, the option of texting is many times the only option for their safety and confidentiality.

SB 225 will bolster statewide efforts to stop human trafficking by enabling text messages to be sent to the hotlines, often the easiest method of communication for victims. Providing the option of a phone call and a text message will greatly enhance the reporting of trafficking crimes and access to services and support for victims.

The ability to text hotlines will likely increase reporting of human trafficking crimes. Especially for younger generations, texting is now a near-universal form of communication. Research conducted by Thorn: Digital Defenders of Children indicates that among child sex trafficking victims text messaging was a “primary form of communication” and that when these victims are under the control of a trafficker, they were “in need of more accessible, discreet forms of communication to seek help.” More and more crisis and intervention hotlines are turning toward texting for these reasons.

Given the research that shows the availability of a hotline is one of the most important tools in combating human trafficking, it stands to reason that including texts as one of the tools will strengthen the fight against this massive global industry. Polaris is a nonprofit organization that works to combat and prevent modern-day slavery and human trafficking. Polaris independently operates a “BeFree” textline. Victims and survivors of human trafficking may send a message to “BeFree” (233733) to get help or to connect with local services. By requiring Polaris’ textline to be included in notices that are posted throughout California, victims of human trafficking have access to a resource that facilitates reporting human trafficking and provides a possible escape route for them. Given the large portion of those victimized by this industry that are minors, the ability to text for help could be the difference between a victim remaining in the shadows and finding a way out.

Updating existing hotline information. One of the organizations currently listed in the required language of the notice has changed its name. The National Human Trafficking Resource Center is now the National Human Trafficking Hotline. This bill updates the required language of the notices to reflect this change.

Related/Prior Legislation

SB 270 (Atkins, 2017) requires hotels and motels in the state to train their employees in recognizing the signs of human trafficking and how to report those signs. It also requires the Department of Justice to develop an approved training program.

SB 597 (Leyva, 2017) allows victims of human trafficking , and certain family members of victims of human trafficking, domestic violence, or stalking, to participate in the Secretary of State’s Safe at Home program.

AB 260 (Santiago, 2017) includes hotels, motels, and other lodging establishments among the businesses that must post signage regarding reporting human trafficking.

SB 1193 (Steinberg, Chapter 515, Statutes of 2012) added Section 52.6 to the Civil Code.

AB 1942 (Garcia, 2016) would have required hotels and motels in the state to train their employees in recognizing the signs of human trafficking and how to report those signs. It would also require the Department of Justice to develop guidelines for such trainings.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

One-time costs of approximately $85,000 (General Fund) in increased temporary workload for the Department of Justice for one analyst to coordinate and contract for translation services in various languages and to update, translate, and post the model notice.

SUPPORT: (Verified 5/25/17)

California National Organization of Women (co-source)

Conference of California Bar Associations (co-source)

National Council of Jewish Women California (co-source)

Association for Los Angeles Deputy Sheriffs

Association of Deputy District Attorneys

California Association of Code Enforcement Officers

California Catholic Conference

California College and University Police Chiefs Association

California Labor Federation

California Narcotic Officers Association

City of Los Angeles

Coalition to Abolish Slavery & Trafficking

Crime Victims United of California

Hadassah Southern California

Junior League of Orange County California

Los Angeles County Probation Officers Union AFSCME Local 685

Los Angeles County Professional Peace Officers Association

Los Angeles Police Protective League

Riverside Sheriffs’ Association

Women Lawyers Association of Los Angeles

Women Lawyers of Sacramento

OPPOSITION: (Verified 5/25/17)

None received

ARGUMENTS IN SUPPORT: The City of Los Angeles writes in support that this bill “will modernize human trafficking notices to include a text hotline and help state and local law enforcement in our efforts to address this heinous crime.”

Prepared by:

5/27/17 16:08:10

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

SB 225 (Stern) - Human trafficking: notice

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

SB 225 would require that the human trafficking information

Fiscal Impact:

One-time costs of approximately $85,000 (General Fund) in increased temporary workload for the Department of Justice (DOJ) for one analyst to coordinate and contract for translation services in various languages and to update, translate, and post the model notice.

Background:

Certain businesses and establishments (such as massage parlors, privately-operated job recruitment centers, roadside rest stops, airports, bus stations, and truck stops) are required to post notices targeted at victims of slavery and human trafficking. The notice must contain language specified in the statute, including hotlines that can be called. The Department of Justice is required to create a model notice that can be used by the businesses and establishments.

Proposed Law:

This bill would require the notice to include language indicating that victims, or those who witness trafficking, can also “text” a special hotline to access help and services, and would require DOJ to update and post the model notice on its website by April 1, 2018.

Related Legislation:

SB 270 (Atkins, 2017) would require hotels and motels in the state to train their employees in recognizing the signs of human trafficking and how to report those signs. It also would require DOJ to develop an approved training program. SB 270 is pending in this Committee.

SB 597 (Leyva, 2017) would allow victims of human trafficking to participate in the Secretary of State’s Safe at Home program. SB 597 is pending in this Committee.

AB 223 (Eggman, 2017) would establish pilot projects aimed at serving youth victims of human trafficking. AB 223 is pending in the Assembly Committee on Appropriations.

AB 229 (Baker, 2017) would award funds to district attorney offices that employ a vertical prosecution methodology for the prosecution of human trafficking crimes and require a report on the results of recipients’ cases. AB 229 is pending in the Assembly Committee on Appropriations.

AB 260 (Santiago, 2017) would include hotels, motels, and other lodging establishments among the businesses that must post signage regarding reporting human trafficking. AB 260 is pending referral in the Senate Committee on Rules.

AB 704 (Grayson, 2017) would provide for the establishment of human trafficking multidisciplinary personnel teams within counties to allow agencies to share confidential information in order to investigate reports of suspected human trafficking. AB 704 is pending in the Assembly Committee on Public Safety.

AB 1227 (Bonta, 2017) would require human trafficking prevention education in schools, amend the term “child abuse and neglect” to include human trafficking, and provide for increases in funding and education around the issue of human trafficking. AB 1227 is pending in the Assembly Committee on Appropriations.

-- END --

SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2017-2018 Regular Session

Bill No: SB 225 (Author:Stern)

Version: April 5, 2017

Hearing Date: April 18, 2017

Fiscal: Yes

Urgency: No

Consultant: CK

SUBJECT

Human trafficking: notice

DESCRIPTION

Civil Code Section 52.6 requires specified businesses and establishments to post notices targeted at victims of slavery and human trafficking. The notice is required to contain language specified in the statute, including hotlines that can be called. The Department of Justice is required to create a model notice that can be used by the businesses and establishments. This bill would require the notice to also include language indicating that victims, or those who witness trafficking, can also “text” a special hotline to access help and services, and requires the Department of Justice to update the model notice accordingly.

BACKGROUND

Human trafficking is the world’s fastest growing criminal enterprise, bringing in annual profits in the tens of billions of dollars. Human trafficking is generally defined as the use of force, coercion, or fraud to obtain coerced labor or personal services. A recent report by the National Institute of Justice found that approximately 20 million people are victims of some form of human trafficking worldwide. The U.S. State Department estimates that 14,500 - 17,500 people are trafficked into the United States annually. However, estimates indicate that there are hundreds of thousands of trafficking victims in the United States. Over 80 percent of reported trafficking cases are sex trafficking, rather than labor or other forms. Sex trafficking can and does take place in every community, no matter the cultural make up, the affluence, or the location of a community.

According to the National Human Trafficking Hotline, over 1300 human trafficking cases were reported in California in 2016 alone, vastly more than any other state. Since 2007, the hotline has received 19,000 calls from California with over 5,000 cases reported. The reported cases nationwide overwhelmingly involved female victims with nearly a third of victims being minors.

Traffickers look for people who are susceptible for a variety of reasons, including psychological or emotional vulnerability, economic hardship, lack of a social safety net, natural disasters, or political instability. Human trafficking is a hidden crime as victims rarely come forward to seek help because of language barriers, fear of the traffickers, and/or fear of law enforcement. A recent report analyzing effective counter-trafficking programs and practices in the United States concluded that “[r]equiring the National Human Trafficking Hotline number to be posted in public places is the most important provision for increasing the number of human trafficking arrests.”

Existing law requires businesses and establishments, including truck stops, health facilities, massage parlors, and transit centers, to post notices 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. The notices are required to include the following language:

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--call the National Human Trafficking Resource Center 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 Department of Justice was required to, and has created, a model notice that can be used by the businesses and establishments to comply with the posting requirements.

This bill would add language to the notice indicating that victims or witnesses can also “text” a special hotline to access help and services. This bill also updates the listing of the existing hotlines, reflecting recent changes to the respective organizations’ names. The bill would also require the Department of Justice to update the model notice given these changes and to post it on its Web site.

CHANGES TO EXISTING LAW

Existing law requires specified businesses and establishments to post notices 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. (Civ. Code Sec. 52.6.)

Existing law requires the notices to include specific language regarding hotlines to contact if one is aware of or is a victim of human trafficking. (Civ. Code Sec. 52.6.)

Existing law requires the Department of Justice to create a model notice that can be used by businesses and establishments to be in compliance with the posting requirements. (Civ. Code Sec. 52.6.)

This bill would add language to the notice indicating that victims or witnesses can also “text” a special hotline to access help and services.

This bill would update the required language of the notice to reflect recent changes in the names of the hotlines currently listed.

This bill would also require the Department of Justice to update the model notice given these changes and to post it on its Web site.

COMMENT

1. Stated need for the bill

According to the author:

Human trafficking hotlines have become an important resource for survivors and law enforcement to help the thousands who suffer in silence in our communities and are unsure where to turn for help. Since 2012, specified businesses and transportation venues in California have been required to post a notice informing the public of the telephone hotline numbers for victims to call for assistance or report unlawful activity. Since the law’s enactment, however, human trafficking advocates and law enforcement have reported the need to update the Department of Justice’s model notification to inform the public that they can text, in addition to call, the hotline numbers for assistance. Given advances in modern telecommunications, texting has become not only a more common form of communication among California’s population, but also a preferred means of communication to protect victims and witnesses of human trafficking. For trafficking victims who find themselves in situations where their abuser is in the next room, or just a few steps away, the option of texting is many times the only option for their safety and confidentiality.

[This bill] will bolster statewide efforts to stop human trafficking by enabling text messages to be sent to the hotlines, often the easiest method of communication for victims. Providing the option of a phone call and a text message will greatly enhance the reporting of trafficking crimes and access to services and support for victims.

2. The ability to text hotlines will likely increase reporting of human trafficking crimes

Especially for younger generations, texting is now a near-universal form of communication. Research conducted by Thorn: Digital Defenders of Children indicates that among child sex trafficking victims text messaging was a “primary form of communication” and that when these victims are under the control of a trafficker, they were “in need of more accessible, discreet forms of communication to seek help.” More and more crisis and intervention hotlines are turning toward texting for these reasons.

Given the research that shows the availability of a hotline is one of the most important tools in combating human trafficking, it stands to reason that including texts as one of the tools will strengthen the fight against this massive global industry. Polaris is a nonprofit organization that works to combat and prevent modern-day slavery and human trafficking. Polaris independently operates a “BeFree” textline. Victims and survivors of human trafficking may send a message to “BeFree”(233733) to get help or to connect with local services. By requiring Polaris’ textline to be included in notices that are posted throughout California, victims of human trafficking would have access to a resource that would facilitate reporting human trafficking and provide a possible escape route for them. Given the large portion of those victimized by this industry that are minors, the ability to text for help could be the difference between a victim remaining in the shadows and finding a way out.

3. Updating existing hotline information

One of the organizations currently listed in the required language of the notice has changed its name. The National Human Trafficking Resource Center is now the National Human Trafficking Hotline. This bill would update the required language of the notices to reflect this change. In addition, this bill would delete the word “California” as used immediately preceding “Coalition to Abolish Slavery and Trafficking (CAST).” However, the previous wording was preferable for CAST. The following technical amendment would undo the change.

Technical Amendment:

On page 3, line 3, remove strike out from the word “California”

Support: Association for Los Angeles Deputy Sheriffs; Association of Deputy District Attorneys; California Association of Code Enforcement Officers; California Catholic Conference; California College and University Police Chiefs Association; California Narcotic Officers Association; City of Los Angeles; Coalition to Abolish Slavery & Trafficking; Crime Victims United of California; Los Angeles County Probation Officers Union AFSCME Local 685; Los Angeles County Professional Peace Officers Association; Los Angeles Police Protective League; Riverside Sheriffs’ Association; Women Lawyers of Sacramento

Opposition: None Known

HISTORY

Source: California National Organization of Women; Conference of California Bar Associations; National Council of Jewish Women California

Related Pending Legislation:

SB 270 (Atkins, 2017) would require hotels and motels in the state to train their employees in recognizing the signs of human trafficking and how to report those signs. It would also require the Department of Justice to develop an approved training program. This bill is currently in the Senate Judiciary Committee.

SB 597 (Leyva, 2017) would allow victims of human trafficking to participate in the Secretary of State’s Safe at Home program. This bill is currently in the Senate Judiciary Committee.

AB 223 (Eggman, 2017) would establish pilot projects aimed at serving youth victims of human trafficking. This bill is currently in the Assembly Appropriations Committee.

AB 229 (Baker, 2017) would award funds to district attorney offices that employ a vertical prosecution methodology for the prosecution of human trafficking crimes and require a report on the results of recipients’ cases. This bill is currently in the Assembly Appropriations Committee.

AB 260 (Santiago, 2017) would include hotels, motels, and other lodging establishments among the businesses that must post signage regarding reporting human trafficking. This bill was passed in the Assembly and is currently in the Senate Rules Committee.

AB 704 (Grayson, 2017) would provide for the establishment of human trafficking multidisciplinary personnel teams within counties to allow agencies to share confidential information in order to investigate reports of suspected human trafficking. This bill is currently in the Assembly Public Safety Committee.

AB 1227 (Bonta, 2017) would require human trafficking prevention education in schools; amend the term “child abuse and neglect” to include human trafficking; and provide for increases in funding and education around the issue of human trafficking. This bill is currently in the Assembly Human Services Committee.

Prior Legislation:

SB 1193 (Steinberg, Ch. 515, Stats. 2012) added Section 52.6 to the Civil Code.

AB 1942 (Garcia, 2016) would have required hotels and motels in the state to train their employees in recognizing the signs of human trafficking and how to report those signs. It would also require the Department of Justice to develop guidelines for such trainings.

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