AB 1740: Human trafficking: notice: pediatric care facilities.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-07-21
Current Status:
Passed
(2023-07-21: Chaptered by Secretary of State - Chapter 104, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law requires specified businesses and other establishments, including, among others, airports, intercity passenger rail or light rail stations, bus stations, and truck stops, 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. Existing law makes a business or establishment that fails to comply with the requirements of these provisions liable for a civil penalty of $500 for a first offense, and $1,000 for each subsequent offense.
This bill would additionally require that notice to be posted by facilities that provide pediatric care, as defined.
Existing law requires specified businesses and other establishments, including, among others, airports, intercity passenger rail or light rail stations, bus stations, and truck stops, 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. Existing law makes a business or establishment that fails to comply with the requirements of these provisions liable for a civil penalty of $500 for a first offense, and $1,000 for each subsequent offense.
This bill would additionally require that notice to be posted by facilities that provide pediatric care, as defined.
Existing law requires specified businesses and other establishments, including, among others, airports, intercity passenger rail or light rail stations, bus stations, and truck stops, 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. Existing law makes a business or establishment that fails to comply with the requirements of these provisions liable for a civil penalty of $500 for a first offense, and $1,000 for each subsequent offense.
This bill would additionally require that notice to be posted by facilities that provide pediatric care. care, as defined.
Existing law requires specified businesses and other establishments, including, among others, airports, intercity passenger rail or light rail stations, bus stations, and truck stops, 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. Existing law makes a business or establishment that fails to comply with the requirements of these provisions liable for a civil penalty of $500 for a first offense, and $1,000 for each subsequent offense.
This bill would additionally require that notice to be posted by facilities that provide pediatric care.
(a)Each of the following businesses and other establishments shall, upon the availability of the model notice described in subdivision (d), post a notice that complies with the requirements of this section 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:
(1)On-sale general public premises licensees under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code).
(2)Adult or sexually oriented businesses, as defined in subdivision (a) of Section 318.5 of the Penal Code.
(3)Primary airports, as defined in Section 47102(16) of Title 49 of the United States Code.
(4)Intercity passenger rail or light rail stations.
(5)Bus stations.
(6)Truck stops. For purposes of this section, truck stop means a privately owned and operated facility that provides food, fuel, shower or other sanitary facilities, and lawful overnight truck parking.
(7)Emergency rooms within general acute care hospitals.
(8)Urgent care centers.
(9)Facilities that provide pediatric care. For purposes of this section, facilities that provide pediatric care means a medical facility that provides pediatric services, as that term is defined in Section 16907.5 of the Welfare and Institutions Code.
(10)Farm labor contractors, as defined in subdivision (b) of Section 1682 of the Labor Code.
(11)Privately operated job recruitment centers.
(12)Roadside rest areas.
(13)Businesses or establishments that offer massage or bodywork services for compensation and are not described in paragraph (1) of subdivision (b) of Section 4612 of the Business and Professions Code.
(14)Hotels, motels, and bed and breakfast inns, as defined in subdivision (b) of Section 24045.12 of the Business and Professions Code, not including personal residences.
(15)Hair, nail, electrolysis, and skin care, and other related businesses or establishments subject to regulation under Chapter 10 (commencing with Section 7301) of Division 3 of the Business and Professions Code.
(b)The notice to be posted pursuant to subdivision (a) shall be at least 81/2 inches by 11 inches in size, written in a 16-point font, and shall state the following:
If you or someone you know is being forced to engage in any activity and cannot leavewhether it is commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activitytext 233-733 (Be Free) or call the National Human Trafficking Hotline at 1-888-373-7888 or the California Coalition to Abolish Slavery and Trafficking (CAST) at 1-888-KEY-2-FRE(EDOM) or 1-888-539-2373 to access help and services. | ||
Victims of slavery and human trafficking are protected under United States and California law. | ||
| ||
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. | ||
(c)The notice to be posted pursuant to subdivision (a) shall be printed in English, Spanish, and in one other language that is the most widely spoken language in the county where the establishment is located and for which translation is mandated by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), as applicable. This section does not require a business or other establishment in a county where a language other than English or Spanish is the most widely spoken language to print the notice in more than one language in addition to English and Spanish.
(d)(1)On or before April 1, 2013, the Department of Justice shall develop a model notice that complies with the requirements of this section and make the model notice available for download on the departments internet website.
(2)On or before January 1, 2019, the Department of Justice shall revise and update the model notice to comply with the requirements of this section and make the updated model notice available for download on the departments internet website. A business or establishment required to post the model notice shall not be required to post the updated model notice until on and after January 1, 2019.
(e)On or before January 1, 2021, a business or other establishment that operates a facility described in paragraph (4) or (5) of subdivision (a) shall provide at least 20 minutes of training to its new and existing employees who may interact with, or come into contact with, a victim of human trafficking or who are likely to receive, in the course of their employment, a report from another employee about suspected human trafficking, in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency.
(f)The employee training pursuant to subdivision (e) shall include, but not be limited to, all of the following:
(1)The definition of human trafficking, including sex trafficking and labor trafficking.
(2)Myths and misconceptions about human trafficking.
(3)Physical and mental signs to be aware of that may indicate that human trafficking is occurring.
(4)Guidance on how to identify individuals who are most at risk for human trafficking.
(5)Guidance on how to report human trafficking, including, but not limited to, national hotlines (1-888-373-7888 and text line 233733) and contact information for local law enforcement agencies that an employee may use to make a confidential report.
(6)Protocols for reporting human trafficking when on the job.
(g)(1)The human trafficking employee training pursuant to subdivision (e) may include, but shall not be limited to, information and material utilized in training Santa Clara County Valley Transportation Authority employees, private nonprofit organizations that represent the interests of human trafficking victims, and the Department of Justice.
(2)The failure to report human trafficking by an employee shall not, by itself, result in the liability of the business or other establishment that operates a facility described in paragraph (4) or (5) of subdivision (a) or of any other person or entity.
(h)A business or establishment that fails to comply with the requirements of this section 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. A government entity identified in Section 17204 of the Business and Professions Code may 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)Provided the business or establishment with 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)Verified that the violation was not corrected within the 30-day period described in paragraph (1).
(i)This section does not prevent a local governing body from adopting and enforcing a local ordinance, rule, or regulation to prevent slavery or human trafficking. If a local ordinance, rule, or regulation duplicates or supplements the requirements that this section imposes upon businesses and other establishments, this section does not supersede or preempt that local ordinance, rule, or regulation.
(a)Each of the following businesses and other establishments shall, upon the availability of the model notice described in subdivision (d), post a notice that complies with the requirements of this section 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:
(1)On-sale general public premises licensees under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code).
(2)Adult or sexually oriented businesses, as defined in subdivision (a) of Section 318.5 of the Penal Code.
(3)Primary airports, as defined in Section 47102(16) of Title 49 of the United States Code.
(4)Intercity passenger rail or light rail stations.
(5)Bus stations.
(6)Truck stops. For purposes of this section, truck stop means a privately owned and operated facility that provides food, fuel, shower or other sanitary facilities, and lawful overnight truck parking.
(7)Emergency rooms within general acute care hospitals.
(8)Urgent care centers.
(9)Facilities that provide pediatric care. For purposes of this section, facilities that provide pediatric care means a medical facility that provides pediatric services, as that term is defined in Section 16907.5 of the Welfare and Institutions Code.
(10)Farm labor contractors, as defined in subdivision (b) of Section 1682 of the Labor Code.
(11)Privately operated job recruitment centers.
(12)Roadside rest areas.
(13)Businesses or establishments that offer massage or bodywork services for compensation and are not described in paragraph (1) of subdivision (b) of Section 4612 of the Business and Professions Code.
(14)Hotels, motels, and bed and breakfast inns, as defined in subdivision (b) of Section 24045.12 of the Business and Professions Code, not including personal residences.
(15)Hair, nail, electrolysis, and skin care, and other related businesses or establishments subject to regulation under Chapter 10 (commencing with Section 7301) of Division 3 of the Business and Professions Code.
(b)The notice to be posted pursuant to subdivision (a) shall be at least 81/2 inches by 11 inches in size, written in a 16-point font, and shall state the following:
If you or someone you know is being forced to engage in any activity and cannot leavewhether it is commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activitytext 233-733 (Be Free) or call the National Human Trafficking Hotline at 1-888-373-7888 or the California Coalition to Abolish Slavery and Trafficking (CAST) at 1-888-KEY-2-FRE(EDOM) or 1-888-539-2373 to access help and services. | ||
Victims of slavery and human trafficking are protected under United States and California law. | ||
| ||
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. | ||
(c)The notice to be posted pursuant to subdivision (a) shall be printed in English, Spanish, and in one other language that is the most widely spoken language in the county where the establishment is located and for which translation is mandated by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), as applicable. This section does not require a business or other establishment in a county where a language other than English or Spanish is the most widely spoken language to print the notice in more than one language in addition to English and Spanish.
(d)(1)On or before April 1, 2013, the Department of Justice shall develop a model notice that complies with the requirements of this section and make the model notice available for download on the departments internet website.
(2)On or before January 1, 2019, the Department of Justice shall revise and update the model notice to comply with the requirements of this section and make the updated model notice available for download on the departments internet website. A business or establishment required to post the model notice shall not be required to post the updated model notice until on and after January 1, 2019.
(e)On or before January 1, 2021, a business or other establishment that operates a facility described in paragraph (4) or (5) of subdivision (a) shall provide at least 20 minutes of training to its new and existing employees who may interact with, or come into contact with, a victim of human trafficking or who are likely to receive, in the course of their employment, a report from another employee about suspected human trafficking, in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency.
(f)The employee training pursuant to subdivision (e) shall include, but not be limited to, all of the following:
(1)The definition of human trafficking, including sex trafficking and labor trafficking.
(2)Myths and misconceptions about human trafficking.
(3)Physical and mental signs to be aware of that may indicate that human trafficking is occurring.
(4)Guidance on how to identify individuals who are most at risk for human trafficking.
(5)Guidance on how to report human trafficking, including, but not limited to, national hotlines (1-888-373-7888 and text line 233733) and contact information for local law enforcement agencies that an employee may use to make a confidential report.
(6)Protocols for reporting human trafficking when on the job.
(g)(1)The human trafficking employee training pursuant to subdivision (e) may include, but shall not be limited to, information and material utilized in training Santa Clara County Valley Transportation Authority employees, private nonprofit organizations that represent the interests of human trafficking victims, and the Department of Justice.
(2)The failure to report human trafficking by an employee shall not, by itself, result in the liability of the business or other establishment that operates a facility described in paragraph (4) or (5) of subdivision (a) or of any other person or entity.
(h)A business or establishment that fails to comply with the requirements of this section 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. A government entity identified in Section 17204 of the Business and Professions Code may 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)Provided the business or establishment with 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)Verified that the violation was not corrected within the 30-day period described in paragraph (1).
(i)This section does not prevent a local governing body from adopting and enforcing a local ordinance, rule, or regulation to prevent slavery or human trafficking. If a local ordinance, rule, or regulation duplicates or supplements the requirements that this section imposes upon businesses and other establishments, this section does not supersede or preempt that local ordinance, rule, or regulation.
(a)Each of the following businesses and other establishments shall, upon the availability of the model notice described in subdivision (d), post a notice that complies with the requirements of this section 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:
(1)On-sale general public premises licensees under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code).
(2)Adult or sexually oriented businesses, as defined in subdivision (a) of Section 318.5 of the Penal Code.
(3)Primary airports, as defined in Section 47102(16) of Title 49 of the United States Code.
(4)Intercity passenger rail or light rail stations.
(5)Bus stations.
(6)Truck stops. For purposes of this section, truck stop means a privately owned and operated facility that provides food, fuel, shower or other sanitary facilities, and lawful overnight truck parking.
(7)Emergency rooms within general acute care hospitals.
(8)Urgent care centers.
(9)Facilities that provide pediatric care. For purposes of this section, facilities that provide pediatric care means a medical facility that provides pediatric services, as that term is defined in Section 16907.5 of the Welfare and Institutions Code.
(10)Farm labor contractors, as defined in subdivision (b) of Section 1682 of the Labor Code.
(11)Privately operated job recruitment centers.
(12)Roadside rest areas.
(13)Businesses or establishments that offer massage or bodywork services for compensation and are not described in paragraph (1) of subdivision (b) of Section 4612 of the Business and Professions Code.
(14)Hotels, motels, and bed and breakfast inns, as defined in subdivision (b) of Section 24045.12 of the Business and Professions Code, not including personal residences.
(15)Hair, nail, electrolysis, and skin care, and other related businesses or establishments subject to regulation under Chapter 10 (commencing with Section 7301) of Division 3 of the Business and Professions Code.
(b)The notice to be posted pursuant to subdivision (a) shall be at least 81/2 inches by 11 inches in size, written in a 16-point font, and shall state the following:
If you or someone you know is being forced to engage in any activity and cannot leavewhether it is commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activitytext 233-733 (Be Free) or call the National Human Trafficking Hotline at 1-888-373-7888 or the California Coalition to Abolish Slavery and Trafficking (CAST) at 1-888-KEY-2-FRE(EDOM) or 1-888-539-2373 to access help and services. | ||
Victims of slavery and human trafficking are protected under United States and California law. | ||
| ||
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. | ||
(c)The notice to be posted pursuant to subdivision (a) shall be printed in English, Spanish, and in one other language that is the most widely spoken language in the county where the establishment is located and for which translation is mandated by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), as applicable. This section does not require a business or other establishment in a county where a language other than English or Spanish is the most widely spoken language to print the notice in more than one language in addition to English and Spanish.
(d)(1)On or before April 1, 2013, the Department of Justice shall develop a model notice that complies with the requirements of this section and make the model notice available for download on the departments internet website.
(2)On or before January 1, 2019, the Department of Justice shall revise and update the model notice to comply with the requirements of this section and make the updated model notice available for download on the departments internet website. A business or establishment required to post the model notice shall not be required to post the updated model notice until on and after January 1, 2019.
(e)On or before January 1, 2021, a business or other establishment that operates a facility described in paragraph (4) or (5) of subdivision (a) shall provide at least 20 minutes of training to its new and existing employees who may interact with, or come into contact with, a victim of human trafficking or who are likely to receive, in the course of their employment, a report from another employee about suspected human trafficking, in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency.
(f)The employee training pursuant to subdivision (e) shall include, but not be limited to, all of the following:
(1)The definition of human trafficking, including sex trafficking and labor trafficking.
(2)Myths and misconceptions about human trafficking.
(3)Physical and mental signs to be aware of that may indicate that human trafficking is occurring.
(4)Guidance on how to identify individuals who are most at risk for human trafficking.
(5)Guidance on how to report human trafficking, including, but not limited to, national hotlines (1-888-373-7888 and text line 233733) and contact information for local law enforcement agencies that an employee may use to make a confidential report.
(6)Protocols for reporting human trafficking when on the job.
(g)(1)The human trafficking employee training pursuant to subdivision (e) may include, but shall not be limited to, information and material utilized in training Santa Clara County Valley Transportation Authority employees, private nonprofit organizations that represent the interests of human trafficking victims, and the Department of Justice.
(2)The failure to report human trafficking by an employee shall not, by itself, result in the liability of the business or other establishment that operates a facility described in paragraph (4) or (5) of subdivision (a) or of any other person or entity.
(h)A business or establishment that fails to comply with the requirements of this section 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. A government entity identified in Section 17204 of the Business and Professions Code may 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)Provided the business or establishment with 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)Verified that the violation was not corrected within the 30-day period described in paragraph (1).
(i)This section does not prevent a local governing body from adopting and enforcing a local ordinance, rule, or regulation to prevent slavery or human trafficking. If a local ordinance, rule, or regulation duplicates or supplements the requirements that this section imposes upon businesses and other establishments, this section does not supersede or preempt that local ordinance, rule, or regulation.
(a)Each of the following businesses and other establishments shall, upon the availability of the model notice described in subdivision (d), post a notice that complies with the requirements of this section 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:
(1)On-sale general public premises licensees under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code).
(2)Adult or sexually oriented businesses, as defined in subdivision (a) of Section 318.5 of the Penal Code.
(3)Primary airports, as defined in Section 47102(16) of Title 49 of the United States Code.
(4)Intercity passenger rail or light rail stations.
(5)Bus stations.
(6)Truck stops. For purposes of this section, truck stop means a privately owned and operated facility that provides food, fuel, shower or other sanitary facilities, and lawful overnight truck parking.
(7)Emergency rooms within general acute care hospitals.
(8)Urgent care centers.
(9)Facilities that provide pediatric care.
(9)(10)Farm labor contractors, as defined in subdivision (b) of Section 1682 of the Labor Code.
(10)(11)Privately operated job recruitment centers.
(11)(12)Roadside rest areas.
(12)(13)Businesses or establishments that offer massage or bodywork services for compensation and are not described in paragraph (1) of subdivision (b) of Section 4612 of the Business and Professions Code.
(13)(14)Hotels, motels, and bed and breakfast inns, as defined in subdivision (b) of Section 24045.12 of the Business and Professions Code, not including personal residences.
(14)(15)Hair, nail, electrolysis, and skin care, and other related businesses or establishments subject to regulation under Chapter 10 (commencing with Section 7301) of Division 3 of the Business and Professions Code.
(b)The notice to be posted pursuant to subdivision (a) shall be at least 81/2 inches by 11 inches in size, written in a 16-point font, and shall state the following:
If you or someone you know is being forced to engage in any activity and cannot leavewhether it is commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activitytext 233-733 (Be Free) or call the National Human Trafficking Hotline at 1-888-373-7888 or the California Coalition to Abolish Slavery and Trafficking (CAST) at 1-888-KEY-2-FRE(EDOM) or 1-888-539-2373 to access help and services. | ||
Victims of slavery and human trafficking are protected under United States and California law. | ||
| ||
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. | ||
(c)The notice to be posted pursuant to subdivision (a) shall be printed in English, Spanish, and in one other language that is the most widely spoken language in the county where the establishment is located and for which translation is mandated by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), as applicable. This section does not require a business or other establishment in a county where a language other than English or Spanish is the most widely spoken language to print the notice in more than one language in addition to English and Spanish.
(d)(1)On or before April 1, 2013, the Department of Justice shall develop a model notice that complies with the requirements of this section and make the model notice available for download on the departments internet website.
(2)On or before January 1, 2019, the Department of Justice shall revise and update the model notice to comply with the requirements of this section and make the updated model notice available for download on the departments internet website. A business or establishment required to post the model notice shall not be required to post the updated model notice until on and after January 1, 2019.
(e)On or before January 1, 2021, a business or other establishment that operates a facility described in paragraph (4) or (5) of subdivision (a) shall provide at least 20 minutes of training to its new and existing employees who may interact with, or come into contact with, a victim of human trafficking or who are likely to receive, in the course of their employment, a report from another employee about suspected human trafficking, in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency.
(f)The employee training pursuant to subdivision (e) shall include, but not be limited to, all of the following:
(1)The definition of human trafficking, including sex trafficking and labor trafficking.
(2)Myths and misconceptions about human trafficking.
(3)Physical and mental signs to be aware of that may indicate that human trafficking is occurring.
(4)Guidance on how to identify individuals who are most at risk for human trafficking.
(5)Guidance on how to report human trafficking, including, but not limited to, national hotlines (1-888-373-7888 and text line 233733) and contact information for local law enforcement agencies that an employee may use to make a confidential report.
(6)Protocols for reporting human trafficking when on the job.
(g)(1)The human trafficking employee training pursuant to subdivision (e) may include, but shall not be limited to, information and material utilized in training Santa Clara County Valley Transportation Authority employees, private nonprofit organizations that represent the interests of human trafficking victims, and the Department of Justice.
(2)The failure to report human trafficking by an employee shall not, by itself, result in the liability of the business or other establishment that operates a facility described in paragraph (4) or (5) of subdivision (a) or of any other person or entity.
(h)A business or establishment that fails to comply with the requirements of this section 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. A government entity identified in Section 17204 of the Business and Professions Code may 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)Provided the business or establishment with 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)Verified that the violation was not corrected within the 30-day period described in paragraph (1).
(i)This section does not prevent a local governing body from adopting and enforcing a local ordinance, rule, or regulation to prevent slavery or human trafficking. If a local ordinance, rule, or regulation duplicates or supplements the requirements that this section imposes upon businesses and other establishments, this section does not supersede or preempt that local ordinance, rule, or regulation.
|
Date
|
Status
|
|---|---|
| Jul 21, 2023 | Chaptered by Secretary of State - Chapter 104, Statutes of 2023. |
| Jul 21, 2023 | Approved by the Governor. |
| Jul 11, 2023 | Enrolled and presented to the Governor at 3 p.m. |
| Jun 29, 2023 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jun 29, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 1830.). |
| Jun 27, 2023 | Read second time. Ordered to Consent Calendar. |
| Jun 26, 2023 | From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| Jun 14, 2023 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (June 13). Re-referred to Com. on APPR. |
| May 17, 2023 | Referred to Com. on JUD. |
| May 4, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 4, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1464.) |
| Apr 27, 2023 | Read second time. Ordered to Consent Calendar. |
| Apr 26, 2023 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (April 26). |
| Mar 23, 2023 | Re-referred to Com. on APPR. |
| Mar 22, 2023 | Read second time and amended. |
| Mar 21, 2023 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (March 21). |
| Mar 9, 2023 | Referred to Com. on JUD. |
| Feb 18, 2023 | From printer. May be heard in committee March 20. |
| Feb 17, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 29, 2023 | Consent Calendar AB1740 Sanchez et al. | Senate Floor |
Passed |
|
| Jun 13, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Judiciary |
Passed |
|
| May 4, 2023 | AB 1740 Sanchez Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 26, 2023 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 21, 2023 | Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Judiciary |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| ARCADIA POLICE OFFICERS ASSOCIATION | ** Support | |
| Burbank Police Officers Association | ** Support | |
| California Academy Of Family Physicians | ** Support | |
| California Academy of Preventive Medicine | ** Support | |
| California Coalition of School Safety Professionals | ** Support | |
| California Medical Association | ** Support | |
| City and County of San Francisco Department on the Status of Women | ** Support | |
| CLAREMONT POLICE OFFICERS ASSOCIATION | ** Support | |
| Corona Police Officers Association | ** Support | |
| Culver City Police Officers' Association | ** Support | |
| Deputy Sheriffs Association of Monterey County | ** Support | |
| FULLERTON POLICE OFFICERS ASSOCIATION | ** Support | |
| los angeles school police officers association | ** Support | |
| MURRIETA POLICE OFFICERS ASSOCIATION | ** Support | |
| Newport Beach Police Association | ** Support | |
| Palos Verdes Police Officers Association | ** Support | |
| Placer County Deputy Sheriffs’ Association | ** Support | |
| POMONA POLICE OFFICERS ASSOCIATION | ** Support | |
| RIVERSIDE POLICE OFFICERS ASSOCIATION | ** Support | |
| Riverside Sheriffs Association | ** Support | |
| Santa Ana Police Officers Association | ** Support | |
| Upland Police Officers Association | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1740 |
CONSENT
Bill No: AB 1740
Author: Sanchez (R), et al.
Amended: 3/22/23 in Assembly
Vote: 21
SENATE JUDICIARY COMMITTEE: 10-0, 6/13/23
AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Laird, Min, Niello, Wiener
NO VOTE RECORDED: Stern
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 75-0, 5/4/23 (Consent) - See last page for vote
SUBJECT: Human trafficking: notice: pediatric care facilities
SOURCE: Author
DIGEST:
This bill adds facilities that provide pediatric care to the list of establishments that must post a specified notice regarding forced commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activity.
ANALYSIS:
Existing law:
- Provides that any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services is guilty of the crime of human trafficking. (Pen. Code § 236.1.)
- 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 § 52.6.)
- Requires the notices to include specific language regarding a textline and various hotlines to contact if one is aware of or is a victim of human trafficking. The Department of Justice is required to create a model notice that may be used by these businesses. (Civ. Code § 52.6.)
- Provides that a business or other establishment that operates intercity passenger rail or light rail stations, or bus stations shall provide at least 20 minutes of training to employees who may interact with, or come into contact with, a victim of human trafficking or who are likely to receive, in the course of their employment, a report from another employee about suspected human trafficking, in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency. A list of topics that must be covered in such training is further provided. (Civ. Code § 52.6.)
- Subjects businesses that fail to comply with the notice and training requirements of Section 52.6 of the Civil Code to civil penalties. (Civ. Code § 52.6.)
- Provides that nothing in Civil Code Section 52.6 prevents local governing bodies from adopting and enforcing a local ordinance, rule, or regulation to prevent slavery or human trafficking. (Civ. Code § 52.6.)
- Requires hotels and motels to provide at least 20 minutes of classroom or other effective interactive training and education regarding human trafficking awareness to each employee who is likely to interact or come into contact with victims of human trafficking, as specified. A list of topics that must be covered in such training is further provided. (Gov. Code § 12950.3.)
- Defines “pediatric services” as all medical services rendered by any licensed physician to persons from birth to 21 years of age, and shall include attendance at labor and delivery. (Welf. & Inst. Code § 16907.5.)
This bill requires facilities that provide pediatric care to post the above notice regarding slavery and human trafficking. “Facilities that provide pediatric care” means medical facilities that provide pediatric services, as defined.
Background
Section 52.6 of the Civil Code (Section 52.6) requires certain establishments to post notices regarding resources for witnesses to and victims of human trafficking and slavery. That section also requires rail and bus stations to train their employees in identifying and reporting incidents of human trafficking. The Fair Employment and Housing Act (FEHA) also requires hotel and motel employers to provide at least 20 minutes of training and education regarding human trafficking awareness to their employees, as provided. Both federal and state law authorize actions by victims of human trafficking, and sex trafficking in particular.
In response to an uptick in human trafficking during the COVID-19 pandemic, this bill seeks to expand the reach of Section 52.6 by including facilities that provide pediatric care on the list of establishments that must post the specified notice regarding forced commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activity.
This bill is sponsored by the author. The bill is supported by various medical and law enforcement organizations as well as the City and County of San Francisco’s Department on the Status of Women. There is no known opposition.
Comments
To increase awareness of human trafficking and provide support to victims, Section 52.6 requires certain businesses and establishments, including truck stops, health facilities, massage parlors, and transit centers, to post notices encouraging victims of human trafficking and those who suspect human trafficking to contact a textline or one of several hotlines to access help and services. The law requires the notice to state specified content and requires the Department of Justice to post a model notice.
In addition, several laws, SB 970 (Atkins, Chapter 842, Statutes of 2018) and AB 2034 (Kalra, Chapter 812, Statutes of 2018), established training requirements for specified employees. AB 2034 amended Section 52.6, requiring businesses that operate intercity passenger rail or light rail stations or bus stations to train certain employees in recognizing the signs of human trafficking and how to report those signs.
SB 970 added Section 12950.3 to the Government Code, which required such employee trainings at hotels and motels. SB 970 also explicitly stated that it was the intent of the Legislature in enacting the bill “to establish a minimum threshold for human trafficking awareness training and education.”
SB 630 (Stern, Chapter 57, Statutes of 2019) made clear that Section 52.6, and the requirements set out therein, do not prevent local governing bodies from adopting and enforcing a local ordinance, rule, or regulation to prevent slavery or human trafficking. It further provides that Section 52.6 does not supersede or preempt a local ordinance, rule, or regulation that duplicates or supplements the requirements Section 52.6 imposes upon businesses and other establishments. The addition of this clause paves the way for local jurisdictions to take more aggressive approaches to combatting the scourge of human trafficking in California.
AB 1661 (Davies, Chapter 106, Statutes of 2022) required businesses that provide hair, nail, electrolysis, and skin care services, and other related businesses or establishments subject to regulation under the Barbering and Cosmetology Act to post the required notice above 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.
Another expansion of Section 52.6
This bill takes another step forward by including facilities that provide pediatric care. This includes all medical facilities that provide pediatric services. Pediatric services are medical services rendered by a licensed physician to persons from birth to 21 years of age, and include attendance at labor and delivery.
According to the author, “Human trafficking is on the rise in California and unfortunately minors make up a significant proportion of human trafficking victims. Recent studies have shown that a majority of actively trafficked victims access healthcare services. That is why I introduced AB 1740 to provide greater notice of life-saving information to trafficked minors accessing pediatric healthcare services.”
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 6/27/23)
Arcadia Police Officers’ Association
Burbank Police Officers’ Association
California Academy of Family Physicians
California Academy of Preventive Medicine
California Coalition of School Safety Professionals
California Medical Association
City and County of San Francisco, Department on the Status of Women
Claremont Police Officers Association
Corona Police Officers Association
Culver City Police Officers’ Association
Deputy Sheriffs’ Association of Monterey County
Fullerton Police Officers’ Association
Los Angeles School Police Officers Association
Murrieta Police Officers’ Association
Newport Beach Police Association
Palos Verdes Police Officers Association
Placer County Deputy Sheriffs’ Association
Pomona Police Officers’ Association
Riverside Police Officers Association
Riverside Sheriffs’ Association
Santa Ana Police Officers Association
Upland Police Officers Association
OPPOSITION: (Verified 6/27/23)
None received
ARGUMENTS IN SUPPORT: A coalition of law enforcement groups argues:
AB 1740 ensures that medical facilities that provide pediatric services, including labor and delivery, post important information to help connect potentially trafficked victims with relevant resources. To do this, the bill amends Section 52.6 of the Civil Code so that medical facilities that provide pediatric services display human trafficking warning posters on their premises.
Our law enforcement associations support legislation that seeks to improve the safety of the public, including efforts to assist victims of human trafficking.
ASSEMBLY FLOOR: 75-0, 5/4/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Ward, Weber, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Flora, McKinnor, Muratsuchi, Wallis, Wicks
Prepared by: Christian Kurpiewski / JUD. / (916) 651-4113
6/28/23 14:13:48
**** END ****
Senator Thomas Umberg, Chair
2023-2024 Regular Session
Bill No: AB 1740 (Author:Sanchez)
Version: March 22, 2023
Hearing Date: June 13, 2023
Fiscal: Yes
Urgency: No
Consultant: CK
SUBJECT
Human trafficking: notice: pediatric care facilities
DIGEST
This bill adds facilities that provide pediatric care to the list of establishments that must post a specified notice regarding forced commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activity.
EXECUTIVE SUMMARY
Section 52.6 of the Civil Code (Section 52.6) requires certain establishments to post notices regarding resources for witnesses to and victims of human trafficking and slavery. That section also requires rail and bus stations to train their employees in identifying and reporting incidents of human trafficking. The Fair Employment and Housing Act (FEHA) also requires hotel and motel employers to provide at least 20 minutes of training and education regarding human trafficking awareness to their employees, as provided. Both federal and state law authorize actions by victims of human trafficking, and sex trafficking in particular.
In response to an uptick in human trafficking during the COVID-19 pandemic, this bill seeks to expand the reach of Section 52.6 by including facilities that provide pediatric care on the list of establishments that must post the specified notice regarding forced commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activity.
The bill is sponsored by the author. The bill is supported by various medical and law enforcement organizations as well as the City and County of San Francisco’s Department on the Status of Women. There is no known opposition.
PROPOSED CHANGES TO THE LAW
Existing law:
- Provides that any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services is guilty of the crime of human trafficking. (Pen. Code § 236.1.)
- 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 § 52.6.)
- Requires the notices to include specific language regarding a textline and various hotlines to contact if one is aware of or is a victim of human trafficking. The Department of Justice is required to create a model notice that may be used by these businesses. (Civ. Code § 52.6.)
- Provides that a business or other establishment that operates intercity passenger rail or light rail stations, or bus stations shall provide at least 20 minutes of training to employees who may interact with, or come into contact with, a victim of human trafficking or who are likely to receive, in the course of their employment, a report from another employee about suspected human trafficking, in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency. A list of topics that must be covered in such training is further provided. (Civ. Code § 52.6.)
- Subjects businesses that fail to comply with the notice and training requirements of Section 52.6 of the Civil Code to civil penalties. (Civ. Code § 52.6.)
- Provides that nothing in Civil Code Section 52.6 prevents local governing bodies from adopting and enforcing a local ordinance, rule, or regulation to prevent slavery or human trafficking. (Civ. Code § 52.6.)
- Requires hotels and motels to provide at least 20 minutes of classroom or other effective interactive training and education regarding human trafficking awareness to each employee who is likely to interact or come into contact with victims of human trafficking, as specified. A list of topics that must be covered in such training is further provided. (Gov. Code § 12950.3.)
- Defines “pediatric services” as all medical services rendered by any licensed physician to persons from birth to 21 years of age, and shall include attendance at labor and delivery. (Welf. & Inst. Code § 16907.5.)
This bill requires facilities that provide pediatric care to post the above notice regarding slavery and human trafficking. “Facilities that provide pediatric care” means medical facilities that provide pediatric services, as defined.
COMMENTS
The troubling prevalence of human trafficking
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. Existing law provides that any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services is guilty of the crime of human trafficking.
The International Labour Organization estimates that approximately 40 million people were victims of some form of human slavery worldwide in 2016.[1] This includes 24.9 million in forced labor, meaning they were being “forced to work under threat or coercion as domestic workers, on construction sites, in clandestine factories, on farms and fishing boats, in other sectors, and in the sex industry.” Over 70 percent of these victims were women and girls and 1 in four victims were children. In their 2019 Data Report, the U.S. National Human Trafficking Hotline identified over 22,000 victims and survivors and over 4,300 traffickers.[2]
The U.S. State Department has estimated that the incidence of human trafficking and slavery has only gotten worse during the COVID-19 pandemic:
The economic and social distress generated by the pandemic and related mitigation efforts exacerbated risks for vulnerable and marginalized populations. These included women and children, people affected by travel restrictions and stay-at-home orders, communities in areas of food insecurity, and survivors of trafficking, as well as persons directly and indirectly affected by the disruption of economic activities and reduced livelihood options. Due to school closures, some children lacked access to education, shelter, and/or food. Survivors of trafficking faced an increased risk of potential re-victimization due to financial and emotional hardships during the crisis. [3]
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, membership in a marginalized group, natural disasters, or political instability. Human trafficking is often described as a hidden crime as victims rarely come forward to seek help because of language barriers, the severe trauma resulting from these crimes, fear of the traffickers, and/or fear of law enforcement.
California’s human trafficking awareness and training law
To increase awareness of human trafficking and provide support to victims, Section 52.6 requires certain businesses and establishments, including truck stops, health facilities, massage parlors, and transit centers, to post notices encouraging victims of human trafficking and those who suspect human trafficking to contact a textline or one of several hotlines to access help and services. The law requires the notice to state specified content and requires the Department of Justice to post a model notice.
In addition, several laws, SB 970 (Atkins, Ch. 842, Stats. 2018) and AB 2034 (Kalra, Ch. 812, Stats. 2018), established training requirements for specified employees. AB 2034 amended Section 52.6, requiring businesses that operate intercity passenger rail or light rail stations or bus stations to train certain employees in recognizing the signs of human trafficking and how to report those signs.
SB 970 added Section 12950.3 to the Government Code, which required such employee trainings at hotels and motels. SB 970 also explicitly stated that it was the intent of the Legislature in enacting the bill “to establish a minimum threshold for human trafficking awareness training and education.”
SB 630 (Stern, Ch. 57, Stats. 2019) made clear that Section 52.6, and the requirements set out therein, do not prevent local governing bodies from adopting and enforcing a local ordinance, rule, or regulation to prevent slavery or human trafficking. It further provides that Section 52.6 does not supersede or preempt a local ordinance, rule, or regulation that duplicates or supplements the requirements Section 52.6 imposes upon businesses and other establishments. The addition of this clause paves the way for local jurisdictions to take more aggressive approaches to combatting the scourge of human trafficking in California.
AB 1661 (Davies, Ch. 106, Stats. 2022) required businesses that provide hair, nail, electrolysis, and skin care services, and other related businesses or establishments subject to regulation under the Barbering and Cosmetology Act to post the required notice above 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.
Another expansion of Section 52.6
This bill takes another step forward by including facilities that provide pediatric care. This includes all medical facilities that provide pediatric services. Pediatric services are medical services rendered by a licensed physician to persons from birth to 21 years of age, and include attendance at labor and delivery.
According to the author:
Human trafficking is on the rise in California and unfortunately minors make up a significant proportion of human trafficking victims. Recent studies have shown that a majority of actively trafficked victims access healthcare services. That is why I introduced AB 1740 to provide greater notice of life-saving information to trafficked minors accessing pediatric healthcare services.
Writing in support, a coalition of law enforcement groups argues:
AB 1740 ensures that medical facilities that provide pediatric services, including labor and delivery, post important information to help connect potentially trafficked victims with relevant resources. To do this, the bill amends Section 52.6 of the Civil Code so that medical facilities that provide pediatric services display human trafficking warning posters on their premises.
Our law enforcement associations support legislation that seeks to improve the safety of the public, including efforts to assist victims of human trafficking.
SUPPORT
Arcadia Police Officers’ Association
Burbank Police Officers’ Association
California Academy of Family Physicians
California Academy of Preventive Medicine
California Coalition of School Safety Professionals
California Medical Association
City and County of San Francisco, Department on the Status of Women
Claremont Police Officers Association
Corona Police Officers Association
Culver City Police Officers’ Association
Deputy Sheriffs’ Association of Monterey County
Fullerton Police Officers’ Association
Los Angeles School Police Officers Association
Murrieta Police Officers’ Association
Newport Beach Police Association
Palos Verdes Police Officers Association
Placer County Deputy Sheriffs’ Association
Pomona Police Officers’ Association
Riverside Police Officers Association
Riverside Sheriffs’ Association
Santa Ana Police Officers Association
Upland Police Officers Association
OPPOSITION
None known
RELATED LEGISLATION
Pending Legislation:
SB 376 (Rubio, 2023) provides that a victim of human trafficking or abuse has the right to have a human trafficking advocate and a supporter person of the victim’s choosing present at an interview by a law enforcement authority. This bill is currently in the Assembly Public Safety Committee.
SB 727 (Limón, 2023) authorizes a plaintiff in an action arising from human trafficking to seek a finding that specific debts were incurred as the result of the trafficking and without the consent of the plaintiff. This bill is currently in the Assembly Judiciary Committee.
Prior Legislation:
AB 1661 (Davies, Ch. 106, Stats. 2022) See Comment 2.
AB 1788 (Cunningham, Ch. 760, Stats. 2022) established a cause of action against hotels for failing to report known sexual trafficking within the hotel, as specified, or where an employee benefits from sexual trafficking activity within the hotel, as specified.
SB 630 (Stern, Ch. 57, Stats. 2019) See Comment 2.
SB 970 (Atkins, Ch. 842, Stats. 2018) See Comment 2.
AB 2034 (Kalra, Ch. 812, Stats. 2018) See Comment 2.
SB 225 (Stern, Ch. 565, Stats. 2017) updated language that is required to be included in notices certain businesses must post. It included a special textline that can be texted for services and support.
SB 597 (Leyva, Ch. 570, Stats. 2017) allowed victims of human trafficking to participate in the Secretary of State’s Safe at Home program.
AB 260 (Santiago, Ch. 547, Stats. 2017) included hotels, motels, and other lodging establishments among the businesses that must post signage regarding reporting human trafficking.
AB 1227 (Bonta, Ch. 558, Stats. 2017) required human trafficking prevention education in schools.
SB 1193 (Steinberg, Ch. 515, Stats. 2012) added Section 52.6 to the Civil Code.
PRIOR VOTES:
Assembly Floor (Ayes 75, Noes 0)
Assembly Appropriations Committee (Ayes 16, Noes 0)
Assembly Judiciary Committee (Ayes 11, Noes 0)
**************
Global Estimates of Modern Slavery (2017) International Labour Organization, http://www.ilo.org/wcmsp5/groups/public/---dgreports/---dcomm/documents/publication/wcms_575479.pdf. All internet citations are current as of May 22, 2023. ↑
2019 Data Report, U.S. National Human Trafficking Hotline, https://humantraffickinghotline.org/sites/default/files/Polaris-2019-US-National-Human-Trafficking-Hotline-Data-Report.pdf. ↑
Trafficking in Persons Report (June 2021) United States Department of State, https://www.state.gov/wp-content/uploads/2021/09/TIPR-GPA-upload-07222021.pdf. ↑
Date of Hearing: April 26, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 1740
Author:(Sanchez) – As Amended Ver:March 22, 2023
Policy Committee: | Judiciary | Vote: | 11 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires each facility that provides pediatric medical services to post a standard notice in the facility about human trafficking resources.
FISCAL EFFECT:
Minor, likely absorbable costs (General Fund) to agencies that oversee facilities that provide pediatric medical services, to notify those facilities of the duties created by this bill.
COMMENTS:
- Author’s Statement. According to the author:
Human trafficking is on the rise in California and unfortunately minors make up a significant proportion of human trafficking victims. Recent studies have shown that a majority of actively trafficked victims access healthcare services. That is why I introduced AB 1740 to provide greater notice of life-saving information to trafficked minors accessing pediatric healthcare services. Currently, 25 states including California, have laws requiring establishments to post a trafficking notice containing the number of National Human Trafficking Hotline. By increasing awareness of trafficking and the hotline, such notices are an effective method for combatting trafficking.
- Human Trafficking. Per Penal Code section 236.1, subdivision (a), human trafficking occurs when a person deprives or violates the liberty of another person with the intent to obtain forced work or services, which can include commercial sex acts, forced labor, and domestic servitude. California is one of the largest sites of human trafficking in the country, with 12,696 human trafficking cases and 24,046 victims identified by the Human Trafficking Hotline since 2007. Existing law requires urgent care centers and certain emergency rooms to post a standard written notice about human trafficking. The standard notice was developed by the Department of Justice and includes the phone numbers for several human trafficking victims’ services hotlines. Certain other businesses like airports, truck stops, hotels, and hair, nail, and skin care businesses are also required to post the same standard notice. This bill requires each facility that provides pediatric medical services, including labor and delivery services, to post the standard notice near the entrance of the facility.
Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081
Date of Hearing: March 21, 2023
ASSEMBLY COMMITTEE ON JUDICIARY
Brian Maienschein, Chair
ABPCA Bill Id:AB 1740
Author:(Sanchez) – As Introduced Ver:February 17, 2023
proposed consent (As Proposed to be Amended)
SUBJECT: Human trafficking: notice: pediatric care facilities
KEY ISSUE: should pediatric care facilities, as defined, be required to post informational notices regarding human trafficking on their premises?
SYNOPSIS
Existing law requires specified businesses to post notices and train their employees regarding how to recognize evidence of human or sex trafficking, with particular attention paid to establishments that see higher levels of human trafficking such as public transit stations, emergency rooms, massage parlors, and hotels. Victims of labor trafficking regularly pass through the health care system, including to access pediatric health care services. This bill would take a small, but arguably important, step towards curbing the trafficking of minors in California by requiring pediatric facilities to post informational notices on how to identify potential instances of human trafficking, and how to subsequently respond to them. This bill has received no support or opposition.
SUMMARY: Requires facilities providing pediatric services, as defined, to post a notice publicizing human trafficking resources in a conspicuous place near the public entrance of an establishment. Defines “facilities providing pediatric services,” as a medical facility that provides medical services rendered by any licensed physician to persons from birth to 21 years of age, including attendance at labor and delivery.
EXISTING LAW:
- Establishes, under federal law, the crimes of kidnapping in interstate or foreign commerce, peonage, slavery, involuntary servitude, forced labor, and trafficking in persons, and provides for criminal and civil penalties. (18 U.S.C. Secs. 1201, 1581 – 1597.)
- Recognizes, under the federal Victims of Trafficking and Violence Protection Act of 2000, the prevalence of continued human trafficking domestically and abroad, and delineates various federal actions to combat trafficking, punish perpetrators, and provide services to victims of trafficking. (22 U.S.C. Section 7101 et seq.)
- Provides that any person who deprives or violates the personal liberty of another with the intent to effect or maintain prostitution, pimping, child pornography, extortion, obscene live conduct, or to obtain forced labor or services is guilty of human trafficking. (Penal Code Section 236.1.)
- Requires the operators of bars, adult or sexually oriented businesses, massage businesses that are not licensed by a central massage licensing authority, specified airports, rail stations, bus stations, truck stops, emergency rooms with general acute care hospitals, urgent care centers, farm labor contractors, privately operated job recruitment centers, roadside rest stops, hotels, motels, bed and breakfast inns, and hair, nail, electrolysis, and skin care and other related businesses or establishments to post a notice publicizing human trafficking resources and requires the notice to be posted in a conspicuous place near the public entrance of the establishment or in another conspicuous location in clear view of the public and employees where similar notices are customarily posted. (Civil Code Section 52.6 (a).)
- Subjects a facility or business required to post a publicizing human trafficking resources to civil penalties for failure to post the notice. (Civil Code Section 52.6 (h).)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: Civil Code Section 52.6 details requirements for certain businesses to post notices and train their employees regarding how to recognize evidence of human or sex trafficking. This section pays particular attention to establishments that see higher levels of human trafficking, including public transit stations, emergency rooms, rest areas, massage parlors, and hotels. (Civil Code Section 52.6 (a)(1) – (13).) Past legislative efforts to require public notices have been based upon the rationale that such notices will provide victims of human trafficking with crucial information that can lead to rescue and follow-up services.
There is general agreement about the efficacy of notice posting and employee educational requirements, with 25 states including California, implementing laws requiring establishments to post a trafficking notice containing the number of the National Human Trafficking Hotline. (Human Trafficking State Laws, National Conference of State Legislatures, available at https://www.ncsl.org/research/civil-and-criminal-justice/human-trafficking-laws.aspx#tabs-5.). The USC Gould Law School’s International Human Rights Clinic notes that community awareness is a critical tool for combatting trafficking. (Over-Policing Sex Trafficking: How U.S. Law Enforcement Should Reform Operations, USC Gould International Human Rights Clinic (November 2021), available at https://humanrightsclinic.usc.edu/2021/11/15/over-policing-sex-trafficking-how-u-s-law-enforcement-should-reform-operations/.) In focus groups conducted by Polaris, a non-profit dedicated to combatting human trafficking, victims of trafficking largely supported posting information about the National Human Trafficking Hotline numbers in areas where potential victims could access it. (On-Ramps, Intersections, and Exit Routes: A Roadmap for Systems and Industries to Prevent and Disrupt Human Trafficking, Polaris (July 2018) at p. 26 available at https://polarisproject.org/wp-content/uploads/2018/08/A-Roadmap-for-Systems-and-Industries-to-Prevent-and-Disrupt-Human-Trafficking-Health-Care.pdf.) In the same study, Polaris found labor trafficking victims were identified both as health care clients as well as workers in the health care industry. (Id. at p. 25.) Additionally, the report documented significant instances of victims of human trafficking accessing health care. Approximately 69% of victims reported passing through the health care system, many for treatment of an illness or injury they suffered due to their exploitation. (Id. at p. 17.) Among the 16 different industries included in Polaris’ study, respondents in 13 distinct industries reported having obtained pediatric health care in particular. (Id. At p. 16). According to the author:
Human trafficking is on the rise in California and unfortunately minors make up a significant proportion of human trafficking victims. Recent studies have shown that a majority of actively trafficked victims access healthcare services. That is why I introduced AB 1740 to provide greater notice of life-saving information to trafficked minors accessing pediatric healthcare services.
Currently, 25 states including California, have laws requiring establishments to post a trafficking notice containing the number of National Human Trafficking Hotline. By increasing awareness of trafficking and the hotline, such notices are an effective method for combatting trafficking. The USC Gould Law School’s International Human Rights Clinic notes that community awareness is a critical tool for combatting trafficking. (USC Gould International Human Rights Clinic, Over-Policing Sex Trafficking: How U.S. Law Enforcement Should Reform Operations (November 2021), accessible here.)
With regard to labor trafficking in particular, the Little Hoover Commission argues strongly for the need for increased public awareness of labor trafficking in order to increase both victim identification and crime prevention.
This bill would take a small, but arguably important, step towards curbing the trafficking of minors in California by requiring pediatric facilities to post informational notices on how to identify potential instances of human trafficking, and how to subsequently respond to them. In order to ensure that the intended facilities are captured in the scope of this bill, the author proposes the following amendment:
(9) Facilities that provide pediatric care. For purposes of this section, “facilities that provide pediatric care” means a medical facility that provides pediatric services as defined in Section 16907.5 of the Welfare and Institutions Code.
The added language cross-references an existing definition of “pediatric care,” which defines the term to mean “all medical services rendered by any licensed physician to persons from birth to 21 years of age, and shall include attendance at labor and delivery.” With this amendment, this bill requires facilities that provide medical services through a licensed physician, such as a pediatrician, to conspicuously post a notice regarding human trafficking and available resources within their facility.
Training and education are critical tools for combatting trafficking. Though notices are an important step for combatting trafficking, educational training of employees could enhance their efficacy. In a nationally representative survey, many respondents held incorrect beliefs about who trafficking victims are and the circumstances surrounding trafficking. (Identifying Effective Counter-Trafficking Programs and Practices in the U.S.: Legislative, Legal, and Public Opinion Strategies that Work, Vanessa Bouche et al., (2016) available at https://www.ojp.gov/pdffiles1/nij/grants/249670.pdf.) Reporting from members of the public is uncommon because many people are unable to recognize labor trafficking victims. (Labor Trafficking: Strategies to Uncover this Hidden Crime, Little Hoover Commission (September 2020), available at https://lhc.ca.gov/sites/lhc.ca.gov/files/Reports/251/Report251.pdf) Even among law enforcement, researchers have noted that trafficking victims are often mistaken for sex workers. (Over-Policing Sex Trafficking: How U.S. Law Enforcement Should Reform Operations, USC Gould International Human Rights Clinic (November 15, 2021) available at https://humanrightsclinic.usc.edu/2021/11/15/over-policing-sex-trafficking-how-u-s-law-enforcement-should-reform-operations/.) Myths about trafficking may have a disparate impact on marginalized groups. As argued in the UCLA Law Review, due to a history of racial profiling and stereotyping, law enforcement may be more likely to perceive trafficking victims as criminals, rather than victims of abuse, when they are people of color. (The Racial Roots of Human Trafficking, Cheryl Nelson Butler (2015) UCLA Law Review, available at https://www.uclalawreview.org/racial-roots-human-trafficking/.)
Effective training could debunk myths about trafficking, increase the effectiveness of trafficking postings, and potentially lessen the disproportionate impact on people of color. The author may wish to strengthen the impact of notices by expanding the types of businesses required to administer training and education about recognizing trafficking to employees.
Recent similar or related legislation. AB 1788 (Cunningham, 2022) created civil penalties for hotels for instances of human trafficking that specified employees knew of, recklessly disregarded, or knowingly benefitted from and failed to report to either law enforcement or an appropriate victim services hotline within 24 hours. The bill authorized civil penalties up to $5,000 for violations. Status: Chap. 760, Stats. 2022.
AB 1661 (Davies, 2022) required hair, nail, electrolysis, and skin care, and other related businesses or establishments subject to regulation pursuant to the Barbering and Cosmetology Act to post a notice in the establishment containing specified information about resources available to survivors of slavery and human trafficking. Status: Chap. 106, Stats. 2022.
AB 2318 (Boerner Horvath, 2020) would have added short-term rentals to the list of businesses and establishments required to post human trafficking notices. Status: Due to bill limits imposed by the onset of the COVID-19 pandemic, this bill was held in Assembly Judiciary.
AB 260 (Santiago, 2017) included hotels, motels, and bed and breakfast inns in the list of establishments required to post human trafficking notices. Status: Chap. 547, Stats. 2017.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by: Manuela Boucher-de la Cadena / JUD. / (916) 319-2334
Bill Author
Bill Co-Author(s):
