Under existing law, human trafficking is a crime and law enforcement officers who are assigned field and investigative duties are required to complete minimum training pertaining to the handling of human trafficking complaints. Existing law generally provides support services for individuals who are survivors of human trafficking, including public social services and address confidentiality, as specified.

Existing law establishes the Commission on Peace Officer Standards and Training to prescribe selection and training standards for peace officers. Existing law requires the commission to develop training curriculum in specified areas and to develop model policies that may be used by local law enforcement agencies, including model policies for investigations of missing persons, elder and dependent adult abuse, and hate crimes.

This bill would require the commission to, by no later than June 1, 2026, develop guidelines for interacting with survivors of human trafficking. The bill would require each law enforcement agency to, by no later than December 1, 2026, adopt a written policy for interacting with survivors of human trafficking based on the guidelines developed by the commission.

By requiring local agencies to adopt a new policy, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Under existing law, human trafficking is a crime and law enforcement officers who are assigned field and investigative duties are required to complete minimum training pertaining to the handling of human trafficking complaints. Existing law generally provides support services for individuals who are survivors of human trafficking, including public social services and address confidentiality, as specified.

Existing law establishes the Commission on Peace Officer Standards and Training to prescribe selection and training standards for peace officers. Existing law requires the commission to develop training curriculum in specified areas and to develop model policies that may be used by local law enforcement agencies, including model policies for investigations of missing persons, elder and dependent adult abuse, and hate crimes.

This bill would require the commission to, by no later than June 1, 2026, develop guidelines for interacting with survivors of human trafficking. The bill would require each law enforcement agency to, by no later than December 1, 2026, adopt a written policy for interacting with survivors of human trafficking based on the guidelines developed by the commission.

By requiring local agencies to adopt a new policy, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Under existing law, human trafficking is a crime and law enforcement officers who are assigned field and investigative duties are required to complete minimum training pertaining to the handling of human trafficking complaints. Existing law generally provides support services for individuals who are survivors of human trafficking, including public social services and address confidentiality, as specified.

Existing law establishes the Commission on Peace Officer Standards and Training to prescribe selection and training standards for peace officers. Existing law requires the commission to develop training curriculum in specified areas and to develop model policies that may be used by local law enforcement agencies, including, model policies for investigations of missing persons, elder and dependent adult abuse, and hate crimes.

This bill would require the commission to, by no later than June 1, 2026, develop guidelines for interacting with survivors of human trafficking. The bill would require each law enforcement agency to, by no later than December 1, 2026, adopt a written policy for interacting with survivors of human trafficking based on the guidelines developed by the commission.

By requiring local agencies to adopt a new policy, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Under existing law, human trafficking is a crime and law enforcement officers who are assigned field and investigative duties are required to complete minimum training pertaining to the handling of human trafficking complaints. Existing law generally provides support services for individuals who are survivors of human trafficking, including public social services and address confidentiality, as specified.

Existing law authorizes each county to establish an interagency sexual assault response team. Existing law requires each county with a sexual assault response team to meet certain requirements.

This bill would require a county that has an interagency sexual assault response team to establish a survivor review board, for the purpose of soliciting, accepting, and reviewing feedback from survivors regarding their experience with service providers, as specified. The bill would require this board to include certain members, including survivors of violence, and would require counties to compensate survivors of violence who are members of the board for their time in the same manner as members of other county boards who are required to be survivors of violence. The bill would require this board to meet at least once every two months to review feedback, develop recommendations in response to feedback, and to respond to any feedback in writing, as specified. The bill would prohibit information shared with this board from being shared with immigration officials.

Existing law establishes the Commission on Peace Officer Standards and Training to prescribe selection and training standards for peace officers. Existing law requires the commission to develop training curriculum in specified areas and to develop model policies that may be used by local law enforcement agencies, including, model policies for investigations of missing persons, elder and dependent adult abuse, and hate crimes.

This bill would require the commission to, by no later than June 1, 2026, develop guidelines for interacting with survivors of human trafficking. The bill would require each law enforcement agency to, by no later than December 1, 2026, adopt a written policy for interacting with survivors of human trafficking based on the guidelines developed by the commission.

By requiring local agencies to adopt a new policy, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Under existing law, human trafficking is a crime and law enforcement officers who are assigned field and investigative duties are required to complete minimum training pertaining to the handling of human trafficking complaints. Existing law generally provides support services for individuals who are survivors of human trafficking, including public social services and address confidentiality, as specified.

Existing law authorizes each county to establish an interagency sexual assault response team. Existing law requires each county with a sexual assault response team to meet certain requirements.

This bill would require a county that has an interagency sexual assault response team to establish a survivor review board, for the purpose of soliciting, accepting, and reviewing feedback from survivors regarding their experience with service providers, as specified. The bill would require this board to meet at least once every two months to review feedback, develop recommendations in response to feedback, and to respond to any feedback in writing, as specified.

Existing law establishes the Commission on Peace Officer Standards and Training to prescribe selection and training standards for peace officers. Existing law requires the commission to develop training curriculum in specified areas and to develop model policies that may be used by local law enforcement agencies, including, model policies for investigations of missing persons, elder and dependent adult abuse, and hate crimes.

This bill would require the commission to develop a model policy to, by no later than June 1, 2026, develop guidelines for interacting with survivors of human trafficking. The bill would require each law enforcement agency to, by no later than January December 1, 2026, adopt a written policy for interacting with survivors of human trafficking and would allow agencies to satisfy this requirement by adopting the model policy developed by the commission. based on the guidelines developed by the commission.

By requiring local agencies to adopt a new policy, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Under existing law, human trafficking is a crime and law enforcement officers who are assigned field and investigative duties are required to complete minimum training pertaining to the handling of human trafficking complaints. Existing law generally provides support services for individuals who are survivors of human trafficking, including public social services and address confidentiality, as specified.

Existing law authorizes each county to establish an interagency sexual assault response team. Existing law requires each county with a sexual assault response team to meet certain requirements.

This bill would require a county that has an interagency sexual assault response team to establish a survivor review board, for the purpose of soliciting, accepting, and reviewing feedback from survivors regarding their experience with service providers, as specified. The bill would require this board to meet at least once every two months to review feedback, develop recommendations in response to feedback, and to respond to any feedback in writing, as specified.

Existing law establishes the Commission on Peace Officer Standards and Training to prescribe selection and training standards for peace officers. Existing law requires the commission to develop training curriculum in specified areas and to develop model policies that may be used by local law enforcement agencies, including, model policies for investigations of missing persons, elder and dependent adult abuse, and hate crimes.

This bill would require the commission to develop a model policy for interacting with survivors of human trafficking. The bill would require each law enforcement agency to, by no later than January 1, 2026, adopt a written policy for interacting with survivors of human trafficking and would allow agencies to satisfy this requirement by adopting the model policy developed by the commission.

By requiring local agencies to adopt a new policy, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Under existing law, human trafficking is a crime and law enforcement officers who are assigned field and investigative duties are required to complete minimum training pertaining to the handling of human trafficking complaints. Existing law generally provides support services for individuals who are survivors of human trafficking, including public social services and address confidentiality, as specified.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Under existing law, human trafficking is a crime and law enforcement officers who are assigned field and investigative duties are required to complete minimum training pertaining to the handling of human trafficking complaints. Existing law generally provides support services for individuals who are survivors of human trafficking, including public social services and address confidentiality, as specified.

This bill would enact the Survivors of Human Trafficking Support Act. The act would require the California Health and Human Services Agency to establish a statewide human trafficking survivor passport program for the purposes of identifying a person as a survivor of human trafficking and increasing efficiency in providing assistance to them. The act would authorize a county to establish a Human Trafficking Survivor Board to work with community-based organizations to identify and address issues relating to human trafficking in the local community. The bill would require a board established by a county to be composed of certain individuals, including people with lived experiences, and to prepare an annual report. The act would require state and local enforcement agencies to establish and maintain protocols for how to interact with people who are victims of human trafficking that include a best practice to contact and coordinate with a community-based organization. By requiring local law enforcement agencies to establish and maintain these protocols, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2020

Author:(Bonta)

As Amended Ver:August 15, 2024

Majority vote

SUMMARY

Requires the Commission on Peace Officer Standards and Training (POST) to develop guidelines for law enforcement personnel interactions with survivors of human trafficking, and requires law enforcement agencies to establish a written policy regarding interactions with survivors of human trafficking based off the POST guidelines.

Senate Amendments

1. Delete provisions requiring counties with interagency sexual assault response teams to establish a survivor review board.
2. Remove the requirement that law enforcement policies regarding interactions with sex trafficking survivors must incorporate best practices.
3. Provide that, a law enforcement policy regarding interactions with human trafficking survivors must include a requirement that, if a survivor request an advocates, a law enforcement officer contact, in addition to a rape crisis center, other appropriate organizations such as an immigrant services organization.
4. Specify that the a law enforcement policy regarding interactions with human trafficking survivors include a requirement that an officer provide a referral to organizations that provide service to survirors of human trafficking, including, but not limited to, immigrant services organizations.
5. Provide that law enforcement policies regarding interactions with human trafficking survivors must include:
   1. A requirement that a law enforcement agency, in collaboration with community-based organizations, establish a process for referrals of human trafficking victims to the county social services department.
   2. A requirement that a law enforcement agency work with community-based organizations to provide referrals to services that are consistent with a survivor's culture, sexual orientation, and gender identity.
6. Clarify that, in developing and promulgating minimum guidelines for law enforcement personnel interactions with survivors of human trafficking, POST shall collaborate with appropriate groups and individuals having an interest and expertise in human trafficking.
7. Require POST, in addition to community-based organizations providing services to survivors of human trafficking, to collaborate with both of the following:
   1. Organizations with experience supporting survivors of labor trafficking, including, but not limited to, immigrant legal service providers.
   2. Human trafficking victim service organizations, domestic violence victim service organizations, and rape crisis centers, as defined.
8. Require POST, when collaborating with the above organizations, to prioritize organizations that have been providing services for at least five years.

COMMENTS

As Passed by The Assembly, this bill:

1. Required counties that have established an interagency sexual assault response team to establish a survivor review board to review feedback from survivors regarding their experience.
2. Required the members of the review board to include key contributors to the interagency sexual assault response team and survivors of sexual assault.
3. Provided that the purpose of the review board is to solicit, accept, and review feedback from survivors regarding their experience with service providers, including, without limitation, law enforcement, health care, and advocates.
4. Provided that such survivor feedback may be submitted in any form, may be submitted anonymously, and may be submitted by a service provider on behalf of a survivor.
5. Required the review board to meet at least once every two months to review feedback that has been submitted, and to review all feedback to identify and respond to any of the following, without limitation:
   1. Policies and procedures resulting in positive outcomes;
   2. Policies and procedures resulting in negative outcomes and recommended changes to those policies and procedures;
   3. Failures to follow policy or protocol by service providers requiring training or accountability; or,
   4. Commendable accomplishments of service providers deserving recognition.
6. The review board must respond in writing to any survivor submitting feedback within 30 days of reviewing the feedback, unless that feedback was anonymously submitted.
7. The board shall report recommendations regarding policies and procedures to the appropriate agency heads or legislative bodies.
8. Required each law enforcement agency, by December 1, 2026, to establish and maintain a written policy regarding interactions with survivors of human trafficking, based on the guidelines developed by the Commission on Peace Officer Standards and Training ("POST") identified below.
9. Required any such written policy to incorporate best practices and to include, without limitation, all of the following:
   1. That an officer contacting a survivor of human trafficking inform them that they have the right to have an advocate present during any interviews with law enforcement and other subsequent examinations and proceedings;
   2. That an officer explain the benefits of being represented by an advocate, including, without limitation, confidentiality and evidentiary privilege, emotional support, assistance in accessing resources, and assistance with understanding their legal rights;
   3. That, if the survivor requests an advocate, the officer contact the rape crisis center and arrange for an advocate to be present for any further interviews or examinations;
   4. That an officer obtain a waiver in writing if a survivor refuses an advocate, and inform them that they may revoke their waiver at any time and request an advocate; and,
   5. That an officer provide referrals to organizations that provide services to survivors of human trafficking.
10. Required law enforcement agency to create a standardized written waiver of advocacy or may use the waiver developed by POST, as provided below.
11. Required POST, by June 1, 2026, to develop and promulgate minimum guidelines for law enforcement personnel interactions with survivors of human trafficking. Law enforcement agencies shall use these guidelines as a resource in creating their own policy for law enforcement interactions with survivors of trafficking.
12. Required the guidelines to, without limitation, include the same criteria in the policies required of law enforcement agencies, as outlined above.
13. Required POST, in developing the guidelines, to collaborate with community-based organizations providing services to health care professionals and survivors of human trafficking.
14. Required POST to develop and promulgate a standardized written waiver of advocacy.
15. Defined "law enforcement agency" as any department or agency of the state or any political subdivision thereof that employs any peace officer and that provides uniformed general law enforcement services to the public. This includes, without limitation, any municipal police department, county sheriff's department, the California Highway Patrol, and the University of California and California State University police departments.

According to the Author

"Human trafficking continues to have a strong and dark presence in the United States. It has crept into nearly every corner of our state, including in my own district. In 2021, the National Human Trafficking Hotline identified 1,334 human trafficking cases in California. Of those cases, 2,122 victims were involved. Even with the data we do know, understanding the true scope of human trafficking is difficult because it is a seriously underreported crime. As we continue to work on understanding the scope of human trafficking, it is crucial that we continue to focus on survivor's needs. My bill recognizes the impact of human trafficking in our communities and centers the need to continue to support and lift up survivors. AB 2020 centers survivors by easing access to identification documents, allowing survivors to more easily access critical services such as housing when they need it, establishes human trafficking survivor boards where survivors can speak to their experiences and challenges, and implements and expands upon law enforcement protocols and best practices."

Arguments in Support

According to Smart Justice California "Victims of human trafficking deal with significant emotional and psychological trauma. The State of California has taken a number of legislative steps in recent years to provide victims of human trafficking more services for healing, support, and community reintegration. However, those services are frequently distributed across disparate providers, making it difficult for victims to navigate their way through the recovery process. AB 2020 provides a framework to help coordinate services for victims of human trafficking.

"AB 2020 would require the California Health and Human Services Agency to establish a statewide human trafficking survivor passport program for the purposes of identifying a person as a survivor of human trafficking and increasing efficiency in providing assistance to them. The bill would authorize counties to establish a Human Trafficking Survivor Board to work with community-based organizations to address issues relating to human trafficking in the local community. The bill would also require state and local enforcement agencies to establish protocols for how to interact with people who are victims of human trafficking that include a best practice to contact and coordinate with a community-based organization."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Senate Appropriations Committee:

1. POST estimates approximately $250,000 one-time costs (General Fund) to develop and create guidelines required by this bill. POST indicates that this bill will require POST to update training in both the regular basic course (academy) as well as some of the POST legacy courses that are designed for investigators. These costs will be minor and absorbable.
2. Likely reimbursable costs (local funds, General Fund) to each law enforcement agency in the state to adopt a written policy on interactions with human trafficking survivors. Costs are likely minor and absorbable, especially if an agency satisfies this requirement by adopting the POST model policy, as permitted by the bill. If costs are not absorbable, they may be reimbursable if the Commission on State Mandates determines the duties imposed by this bill constitute a reimbursable state mandate.

VOTES:

ASM PUBLIC SAFETY: 8-0-0

YES: McCarty, Alanis, Lackey, Stephanie Nguyen, Reyes, Ting, Wilson, Zbur

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

ABS, ABST OR NV: Sanchez, Dixon, Jim Patterson, Ta

ASSEMBLY FLOOR: 71-0-9

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Vince Fong, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

ABS, ABST OR NV: Calderon, Cervantes, Megan Dahle, Flora, Friedman, Gabriel, Holden, Mathis, Luz Rivas

UPDATED

VERSION: August 15, 2024

CONSULTANT: Ilan Zur / PUB. S. / (916) 319-3744 FN: 0004980

 THIRD READING  

Bill No: AB 2020

Author: Bonta (D), et al.

Amended: 8/15/24 in Senate

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 5-0, 6/18/24

AYES: Wahab, Seyarto, Bradford, Skinner, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/15/24

AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab

ASSEMBLY FLOOR: 71-0, 5/21/24 - See last page for vote

SUBJECT: Survivors of Human Trafficking Support Act

SOURCE: Author

DIGEST:

This bill requires law enforcement agencies and the Commission on Peace Officer Standards and Training (POST) to develop and promulgate minimum guidelines for law enforcement personnel interactions with survivors of human trafficking.

ANALYSIS:

Existing law:

1. Authorizes a city, county, city and county, or community-based nonprofit organization to establish a human trafficking multidisciplinary personnel team consisting of two or more persons who are trained in the prevention, identification, management, or treatment of human trafficking cases and who are qualified to provide a broad range of services related to human trafficking. (Pen. Code, § 13753, subd. (a).)
2. Provides that following a report of suspected human trafficking, members of such a multidisciplinary personnel team may exchange with one another information and writings that relate to any incident of human trafficking that may also be designated as confidential under state law if the member of the team having that information or writing reasonably believes it is generally relevant to the prevention, identification, or treatment of human trafficking, subject to confidentiality restrictions. (Pen. Code, § 13753, subd. (c).)
3. Requires that such sharing of information shall be governed by protocols developed in each county describing how and what information may be shared by the human trafficking multidisciplinary team. (Pen. Code, § 13753, subd. (e).)
4. Provides that a victim of sexual assault as the result of specified offenses has the right to have victim advocates and a support person of the victim’s choosing present at any interview by law enforcement authorities, district attorneys, or defense attorneys. (Pen. Code, 679.04, subd. (a).)
5. Specifies that a sexual assault victim retains this right regardless of whether the victim has previously waived the right in a previous medical evidentiary or physical examination or in a previous interview by law enforcement authorities, district attorneys, or defense attorneys. (Pen. Code, 679.04, subd. (a).)
6. Specifies that the support person for a sexual assault victim may be excluded from an interview by law enforcement or the district attorney if they determine that the presence of the support person would be detrimental to the purpose of the interview. (Pen. Code, 679.04, subd. (a).)
7. Defines “victim advocate” as a sexual assault counselor, as defined, or a victim advocate working in a center, as specified. (Pen. Code, 679.04, subd. (a).)
8. Provides that prior to the commencement of the initial interview by law enforcement authorities or the district attorney pertaining to any criminal action arising out of a sexual assault, a victim of sexual assault as the result of specified offenses shall be notified in writing by the attending law enforcement authority or district attorney that the victim has the right to have victim advocates and a support person of the victim s choosing present at the interview or contact, about other rights of the victim pursuant to law, as specified, and that the victim has the right to request to have a person of the same gender as the victim present in the room during any interview with a law enforcement official or district attorney, unless no such person is reasonably available. This provision applies to investigators and agents employed or retained by law enforcement or district attorney. (Pen. Code, 679.04, subd. (b)(1).)
9. States that at the time a sexual assault victim is advised of their rights, the attending law enforcement authority or district attorney shall also advise the victim of the right to have victim advocates and a support person present at any interview by the defense attorney or investigators or agents employed by the defense attorney. (Pen. Code, 679.04, subd. (b)(2).)
10. Specifies that the presence of a victim advocate shall not defeat any existing right otherwise guaranteed by law. A victim's waiver of the right to a victim advocate is inadmissible in court, unless a court determines the waiver is at issue in the pending litigation. (Pen. Code, 679.04, subd. (b)(3).)
11. Specifies that the victim has the right to request to have a person of the same gender or opposite gender as the victim present in the room during any interview with a law enforcement official or district attorney, unless no such person is reasonably available. (Pen. Code, 679.04, subd. (b)(4).)
12. States that an initial investigation by law enforcement to determine whether a crime has been committed and the identity of the suspects shall not constitute a law enforcement interview for purposes of this section. (Pen. Code, 679.04, subd. (c).)\
13. Provides that a person who deprives or violates the personal liberty of another to obtain forced labor or services is guilty of human trafficking, and can be imprisoned for 5, 8, or 12 years. (Pen. Code, § 236.1, subd. (a).)
14. States that a person who deprives or violates the personal liberty of another with the intent to pimp, pander, procure, or commit another specified sex crime, is guilty of human trafficking and may be imprisoned for 8, 14, or 20 years. (Pen. Code, § 236.1, subd. (b).)
15. Provides that a person who induces or persuades a minor to engage in a commercial sex act, as specified, is guilty of human trafficking and may be imprisoned for 5, 8, or 12 years, or for 15 years to life if some form of violence, threat, or duress is involved. (Pen. Code, § 236.1, subd. (c).)
16. Defines a human trafficking “victim” as a person who consults a human trafficking caseworker for the purpose of securing assistance concerning a condition related to their experience as a human trafficking victim. (Evid. Code, § 1038.2, subd. (e).)
17. Defines a “human trafficking caseworker” as a person employed by a human trafficking victim service organization, who has a specified degree or license, and meets other specified qualifications. (Evid. Code, § 1038.2, subd. (c).)
18. Provides that cases involving minor victims of human trafficking shall be provided with assistance from the local county Victim Witness Assistance Center, if the minor so desires. However, this does not require local agency’s to operate a Victim Witness Assistance Center. (Pen. Code, § 236.13.)
19. Establishes in the State Treasury the Human Trafficking Victims Assistance Fund. Moneys in the fund shall only be expended to support programs for victims of human trafficking. (Gov. Code § 8590.7 (a).)
20. Defines “domestic violence victim service organization” as a nongovernmental organization or entity that provides shelter, programs, or services to victims of domestic violence and their children. (Evidence Code 1037.1 (b)(1)).

This bill:

1. Requires each law enforcement agency, by December 1, 2026, to establish and maintain a written policy regarding interactions with survivors of human trafficking. This requirement can be satisfied by adopting the model policy created by the Commission on Peace Officer Standards and Training (“POST”) identified in the bill.
2. Requires any such written policy to incorporate best practices and to include, without limitation, all of the following:
3. That an officer contacting a survivor of human trafficking inform them that they have the right to have an advocate present during any interviews with law enforcement and other subsequent examinations and proceedings;
4. That an officer explain the benefits of being represented by an advocate, including, without limitation, confidentiality and evidentiary privilege, emotional support, assistance in accessing resources, and assistance with understanding their legal rights;
5. That, if the survivor requests an advocate, the officer contact the rape crisis center or another appropriate organization, such as an immigrant services organization, and arrange for an advocate to be present for any further interviews or examinations;
6. That an officer obtain a waiver in writing if a survivor refuses an advocate, and inform them that they may revoke their waiver at any time and request an advocate;
7. That an officer provide referrals to organizations that provide services to survivors of human trafficking, trafficking, including, but not limited to, immigrant services organizations;
8. That a law enforcement agency, in collaboration with community-based organizations, establish a process for referrals of human trafficking victims to the county social services department; and,
9. That a law enforcement agency work with community-based organizations to provide referrals to services that are consistent with a survivor’s culture, sexual orientation, and gender identity.
10. Requires POST, by January 1, 2026, to develop and promulgate a model policy for law enforcement personnel interactions with survivors of human trafficking.
11. Requires this model policy to, without limitation, include the same criteria required of law enforcement agencies, as outlined above.
12. Requires POST, in developing the policy, to collaborate with individuals and groups that have an interest and expertise in human trafficking. POST shall prioritize organizations that have been providing services for at least five years.
13. Requires POST to develop and promulgate a standardized written waiver of advocacy.
14. Requires law enforcement agency to create a standardized written waiver of advocacy or may use the waiver developed by POST.
15. Defines “law enforcement agency” as any department or agency of the state or any political subdivision thereof that employs any peace officer and that provides uniformed general law enforcement services to the public. This includes, without limitation, any municipal police department, county sheriff’s department, the California Highway Patrol, and the University of California and California State University police departments.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee:

• POST estimates approximately $250,000 one-time costs (General Fund) to develop and create guidelines required by this bill. POST indicates that this bill will require POST to update training in both the regular basic course (academy) as well as some of the POST legacy courses that are designed for investigators. These costs will be minor and absorbable.
• Likely reimbursable costs (local funds, General Fund) to each law enforcement agency in the state to adopt a written policy on interactions with human trafficking survivors. Costs are likely minor and absorbable, especially if an agency satisfies this requirement by adopting the POST model policy, as permitted by the bill. If costs are not absorbable, they may be reimbursable if the Commission on State Mandates determines the duties imposed by this bill constitute a reimbursable state mandate.

SUPPORT: (Verified 8/15/24)

Alameda County Office of Education
Alliance for Reparations, Reconciliation, and Truth
Black Equity Collective
CA Council of Community Behavioral Health Agencies
California Academy of Child and Adolescent Psychiatry
California Black Power Network
California Public Defenders Association
California Reparations Task Force Members Dr. Cheryl Grills, Lisa Holder, and Don Tamaki
Catalyst California
County of Los Angeles Board of Supervisors
Equal Justice Society
Greater Sacramento Urban League
Livefree California
Multi-faith Action Coalition
San Diego Unified School District
Santa Monica Democratic Club

OPPOSITION: (Verified 8/15/24)

None received

ARGUMENTS IN SUPPORT:

According to the County of San Diego:

Human trafficking has a devastating presence in the United States. In 2021, the National Human Trafficking Hotline received 51,073 contacts about human trafficking and issues related to human trafficking across the United States. Contacts can include phone calls, texts, websites, online tip reports, or emails. Of those contacts, there were 10,360 human trafficking cases, and 16,710 victims involved in these cases. For California, the hotline received 5,257 contacts. Of those contacts, 1,334 human trafficking cases were identified with 2,122 victims involved in those cases. Understanding the true scope of human trafficking is difficult because it can often go unreported. Additionally, there are indicators that Indigenous, Latina and Black women and girls are disproportionately represented among human trafficking victims and survivors. However, there is a lack of nationwide data for people of color.

Initiate Justice understands from experiences that victims and survivors of human trafficking are ill-served by our current systems, especially law enforcement. With Black and Latina women and girls experiencing human trafficking, and related abuse, often being criminalized and punished by law enforcement. Additionally, law enforcement involvement can oftentimes exacerbate the harms that women and girls are experiencing by their abusers.

Survivors of trafficking often find themselves first interacting with government agencies through encounters with law enforcement. In fact, the first time that survivors come into contact with law enforcement is often as an offender. […] According to a 2023 National Survivor Study, sixty-two percent of survivors reported being cited, detained, or arrested by law enforcement.

Effectively identifying survivors and working with them using a trauma centered approach, could make a critical and life-saving difference for a survivor. While some law enforcement agencies may already have protocols and practices in place when they interact with or interview human trafficking survivors, those protocols and best practices can be implemented at agencies across the state so that survivors are better identified and referred to services and the resources they need.

ASSEMBLY FLOOR: 71-0, 5/21/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Vince Fong, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Calderon, Cervantes, Megan Dahle, Flora, Friedman, Gabriel, Holden, Mathis, Luz Rivas

Prepared by: John Duncan / PUB. S. /

8/18/24 17:49:58

**** END ****

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

AB 2020 (Bonta) - Survivors of Human Trafficking Support Act

Bill Summary:

AB 2020 requires the Commission on Peace Officer Standards and Training (POST) to establish a model policy for law enforcement interactions with survivors of human trafficking and requires each law enforcement agency to adopt a written policy on the same subject.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 15, 2024

Fiscal Impact:

• POST estimates approximately $250,000 one-time costs (General Fund) to develop and create guidelines required by this bill. POST indicates that this bill will require POST to update training in both the regular basic course (academy) as well as some of the POST legacy courses that are designed for investigators. These costs will be minor and absorbable.
• Likely reimbursable costs (local funds, General Fund) to each law enforcement agency in the state to adopt a written policy on interactions with human trafficking survivors. Costs are likely minor and absorbable, especially if an agency satisfies this requirement by adopting the POST model policy, as permitted by the bill. If costs are not absorbable, they may be reimbursable if the Commission on State Mandates determines the duties imposed by this bill constitute a reimbursable state mandate.

Author Amendments:

These amendments add a coauthor and strike provisions in the bill that would require a county that has an interagency sexual assault response team to establish a survivor review board, as specified.

-- END --

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

AB 2020 (Bonta) - Survivors of Human Trafficking Support Act

Bill Summary:

AB 2020 requires the Commission on Peace Officer Standards and Training (POST) to establish a model policy for law enforcement interactions with survivors of human trafficking, and requires each law enforcement agency to adopt a written policy on the same subject. This bill also requires require counties that have a Sexual Assault Response Team (SART) to establish a human trafficking Survivor Board to review feedback from survivors regarding their experiences with service providers.

Fiscal Impact:

• POST estimates approximately $250,000 one-time costs (General Fund) to develop and create guidelines required by this bill. POST indicates that this bill will require POST to update training in both the regular basic course (academy) as well as some of the POST legacy courses that are designed for investigators. These costs will be minor and absorbable.
  
• Likely reimbursable costs (local funds, General Fund) to each law enforcement agency in the state to adopt a written policy on interactions with human trafficking survivors. Costs are likely minor and absorbable, especially if an agency satisfies this requirement by adopting the POST model policy, as permitted by the bill. If costs are not absorbable, they may be reimbursable if the Commission on State Mandates determines the duties imposed by this bill constitute a reimbursable state mandate.
  
• Costs (local funds) to each county with a SART to establish the required survivor review board. Because a county is authorized (but not mandated) to form a SART, costs incurred to comply with this provision are likely nonreimbursable local costs. If costs are not absorbable, they may be reimbursable if the Commission on State Mandates determines the duties imposed by this bill constitute a reimbursable state mandate.

Background:

This bill seeks to improve interactions between human trafficking survivors and law enforcement personnel in several ways. First, it requires a county with a SART to establish a survivor review board. The purpose of the board is to solicit, accept, and review feedback from survivors regarding their experience with service providers, including, without limitation, law enforcement, health care, and advocates. The bill requires a board to meet at least every two months and to share feedback from survivors with the SART, and to make recommendations for policy changes to improve survivors’ experience with government agencies.

Second, the bill requires POST to establish a model policy for law enforcement interactions with human trafficking survivors, and requires each law enforcement agency in the state to adopt a written policy to govern its interactions with survivors. The bill specifies an agency may satisfy this requirement by adopting POST’s model policy. POST’s policy must include several provisions specified by this bill, including a requirement that an officer interacting with a survivor inform them of their right to have an advocate present during law enforcement interviews, a requirement that the officer explain the benefits of having such an advocate present, and a requirement that if the survivor requests an advocate, the officer facilitate that request.

Proposed Law:

• Requires counties that have established an interagency sexual assault response team (SART) to establish a human trafficking survivor review board to review feedback from survivors regarding their experience.
• Requires counties to compensate members of the board who are survivors of violence for their time in the same manner as members of other county boards who are required to be survivors of violence.
• Provides that the purpose of the review board is to solicit, accept, and review feedback from survivors regarding their experience with service providers, including, without limitation, law enforcement, health care, and advocates.
• Requires the review board to report recommendations regarding policies and procedures to the Legislature, the county board of supervisors, and, if the county has a department that focuses on public safety or violence prevention, other than the sheriff’s office, to that agency.
• Requires each law enforcement agency, by December 1, 2026, to establish and maintain a written policy regarding interactions with survivors of human trafficking. This requirement can be satisfied by adopting the model policy created by the Commission on Peace Officer Standards and Training (“POST”) identified in the bill.
• Requires POST, by January 1, 2026, to develop and promulgate a model policy for law enforcement personnel interactions with survivors of human trafficking.
• Requires this model policy to, without limitation, include the same criteria required of law enforcement agencies, as outlined above.
• Requires POST to develop and promulgate a standardized written waiver of advocacy.
• Requires law enforcement agency to create a standardized written waiver of advocacy or may use the waiver developed by POST.

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Aisha Wahab, Chair

2023 - 2024 Regular

Bill No: AB 2020 Hearing Date: June 18, 2024

Subject: Survivors of Human Trafficking Support Act

HISTORY

Source: Author

Prior Legislation: SB 376 (Rubio), Chapter 109, Statutes of 2023.

AB 380 (Arambula), held in Senate Appropriations, 2023.

AB 1149 (Grayson), held in Assembly Appropriations 2023.

AB 235 (Rubio) held in Assembly Appropriations, 2023.

AB 2553 (Grayson), held in Senate Appropriations, 2022.

AB 998 (Grayson), Chapter 802, Statutes of 2018.

AB 1475 (Cooper), Chapter 210, Statutes of 2015.

AB 2229 (Brownley), Chapter 464, Statutes of 2010.

Support: California Public Defenders Association; City of Oakland; Ella Baker Center for Human Rights; Glide; Initiate Justice; National Association of Pediatric Nurse Practitioners California; Prosecutors Alliance; and Smart Justice California, a Project of Tides Advocacy

Opposition: None known

Assembly Floor Vote: 71 - 0

PURPOSE

The purpose of this bill is to require counties that have a Sexual Assault Response Team (SART) to also establish a human trafficking Survivor Board to review feedback from survivors regarding their experiences with service providers. This bill also requires law enforcement agencies and the Commission on Peace Officer Standards and Training (POST) to develop and promulgate minimum guidelines for law enforcement personnel interactions with survivors of human trafficking.

Existing law authorizes each county establish and implement an interagency sexual assault response team (SART) program for the purpose of providing a forum for interagency cooperation and coordination, to assess and make recommendations for the improvement in the local sexual assault intervention system, and to facilitate improved communication and working relationships to effectively address the problem of sexual assault in California. (Pen. Code, § 13898.)

Existing law provides that, dependent upon local needs and goals, each SART may consist of representatives from the following agencies or organizations:

• Law enforcement agencies.
• County district attorneys’ offices.
• Rape crisis centers.
• Local sexual assault forensic examination teams.
• Crime laboratories.
• Child protective services.
• Local victim and witness assistance centers.
• County public health departments.
• County mental health services departments.
• Forensic interview centers.
• University and college Title IX coordinators.
• University and college police departments. (Pen. Code, § 13898.1.)

Existing law provides that such SART programs have the following objectives:

• Review local sexual assault intervention undertaken by all disciplines to promote effective intervention and best practices.
• Assess relevant trends, including drug-facilitated sexual assault, the incidence of predatory date rape, and human sex trafficking.
• Evaluate the cost-effectiveness and feasibility of a per capita funding model for local sexual assault forensic examination teams to achieve stability for this component of the SART program.
• Evaluate the effectiveness of individual agency and interagency protocols and systems by conducting case reviews of cases involving sexual assault.
• Plan and implement effective prevention strategies and collaborate with other agencies and educational institutions to address sexual assault perpetrated by strangers, sexual assault perpetrated by persons known to the victim, including, but not limited to, a friend, family member, or general acquaintance of the victim, predatory date rape, risks associated with binge alcohol drinking, and drug-facilitated sexual assault. (Pen. Code, § 13898.2.)

Existing law authorizes a city, county, city and county, or community-based nonprofit organization to establish a human trafficking multidisciplinary personnel team consisting of two or more persons who are trained in the prevention, identification, management, or treatment of human trafficking cases and who are qualified to provide a broad range of services related to human trafficking. (Pen. Code, § 13753, subd. (a).)

Existing law provides that following a report of suspected human trafficking, members of such a multidisciplinary personnel team may exchange with one another information and writings that relate to any incident of human trafficking that may also be designated as confidential under state law if the member of the team having that information or writing reasonably believes it is generally relevant to the prevention, identification, or treatment of human trafficking, subject to confidentiality restrictions. (Pen. Code, § 13753, subd. (c).)

Existing law requires that such sharing of information shall be governed by protocols developed in each county describing how and what information may be shared by the human trafficking multidisciplinary team. (Pen. Code, § 13753, subd. (e).)

Existing law provides that a victim of sexual assault as the result of specified offenses has the right to have victim advocates and a support person of the victim’s choosing present at any interview by law enforcement authorities, district attorneys, or defense attorneys. (Pen. Code, 679.04, subd. (a).)

Existing law specifies that a sexual assault victim retains this right regardless of whether the victim has previously waived the right in a previous medical evidentiary or physical examination or in a previous interview by law enforcement authorities, district attorneys, or defense attorneys. (Pen. Code, 679.04, subd. (a).)

Existing law specifies that the support person for a sexual assault victim may be excluded from an interview by law enforcement or the district attorney if they determine that the presence of the support person would be detrimental to the purpose of the interview. (Pen. Code, 679.04, subd. (a).)

Existing law defines “victim advocate” as a sexual assault counselor, as defined, or a victim advocate working in a center, as specified. (Pen. Code, 679.04, subd. (a).)

Existing law provides that prior to the commencement of the initial interview by law enforcement authorities or the district attorney pertaining to any criminal action arising out of a sexual assault, a victim of sexual assault as the result of specified offenses shall be notified in writing by the attending law enforcement authority or district attorney that the victim has the right to have victim advocates and a support person of the victim s choosing present at the interview or contact, about other rights of the victim pursuant to law, as specified, and that the victim has the right to request to have a person of the same gender as the victim present in the room during any interview with a law enforcement official or district attorney, unless no such person is reasonably available. This provision applies to investigators and agents employed or retained by law enforcement or district attorney. (Pen. Code, 679.04, subd. (b)(1).)

Existing law states that at the time a sexual assault victim is advised of their rights, the attending law enforcement authority or district attorney shall also advise the victim of the right to have victim advocates and a support person present at any interview by the defense attorney or investigators or agents employed by the defense attorney. (Pen. Code, 679.04, subd. (b)(2).)

Existing law specifies that the presence of a victim advocate shall not defeat any existing right otherwise guaranteed by law. A victim's waiver of the right to a victim advocate is inadmissible in court, unless a court determines the waiver is at issue in the pending litigation. (Pen. Code, 679.04, subd. (b)(3).)

Existing law specifies that the victim has the right to request to have a person of the same gender or opposite gender as the victim present in the room during any interview with a law enforcement official or district attorney, unless no such person is reasonably available. (Pen. Code, 679.04, subd. (b)(4).)

Existing law states that an initial investigation by law enforcement to determine whether a crime has been committed and the identity of the suspects shall not constitute a law enforcement interview for purposes of this section. (Pen. Code, 679.04, subd. (c).)\

Existing law provides that a person who deprives or violates the personal liberty of another to obtain forced labor or services is guilty of human trafficking, and can be imprisoned for 5, 8, or 12 years. (Pen. Code, § 236.1, subd. (a).)

Existing law states that a person who deprives or violates the personal liberty of another with the intent to pimp, pander, procure, or commit another specified sex crime, is guilty of human trafficking and may be imprisoned for 8, 14, or 20 years. (Pen. Code, § 236.1, subd. (b).)

Existing law provides that a person who induces or persuades a minor to engage in a commercial sex act, as specified, is guilty of human trafficking and may be imprisoned for 5, 8, or 12 years, or for 15 years to life if some form of violence, threat, or duress is involved. (Pen. Code, § 236.1, subd. (c).)

Existing law defines a human trafficking “victim” as a person who consults a human trafficking caseworker for the purpose of securing assistance concerning a condition related to their experience as a human trafficking victim. (Evid. Code, § 1038.2, subd. (e).)

Existing law defines a “human trafficking caseworker” as a person employed by a human trafficking victim service organization, who has a specified degree or license, and meets other specified qualifications. (Evid. Code, § 1038.2, subd. (c).)

Existing law provides that cases involving minor victims of human trafficking shall be provided with assistance from the local county Victim Witness Assistance Center, if the minor so desires. However, this does not require local agency’s to operate a Victim Witness Assistance Center. (Pen. Code, § 236.13.)

Existing law establishes in the State Treasury the Human Trafficking Victims Assistance Fund. Moneys in the fund shall only be expended to support programs for victims of human trafficking. (Gov. Code § 8590.7 (a).)

This bill requires counties that have established an interagency sexual assault response team (SART) to establish a human trafficking survivor review board to review feedback from survivors regarding their experience.

This bill requires the members of the review board to include specified members that include:

• Key contributors to the interagency SART and survivors of sexual assault;
• Survivors of violence who have lived experience as a consumer of social services, behavioral health services, and housing support services;
• Community providers and advocates with expertise in community-based violence intervention or response programs or initiatives with a public health approach;
• A representative of a law enforcement agency who has expertise in community-based policing.

This bill requires counties to compensate members of the board who are survivors of violence for their time in the same manner as members of other county boards who are required to be survivors of violence.

This bill provides that the purpose of the review board is to solicit, accept, and review feedback from survivors regarding their experience with service providers, including, without limitation, law enforcement, health care, and advocates.

This bill provides that such survivor feedback may be submitted in any form, may be submitted anonymously, and may be submitted by a service provider on behalf of a survivor.

This bill requires the review board to meet at least once every two months to review feedback that has been submitted, and to review all feedback to identify and respond to any of the following, without limitation:

• Policies and procedures resulting in positive impacts;
• Policies and procedures resulting in negative impacts and recommended changes to those policies and procedures;
• Failures to follow policy or protocol by service providers requiring training or accountability; or,
• Commendable accomplishments of service providers deserving recognition.

This bill prohibits the review board from sharing information with immigration officials.

This bill requires the review board to respond in writing to any survivor submitting feedback within 30 days of reviewing the feedback, unless that feedback was anonymously submitted.

This bill requires the review board to report recommendations regarding policies and procedures to the Legislature, the county board of supervisors, and, if the county has a department that focuses on public safety or violence prevention, other than the sheriff’s office, to that agency.

This bill requires each law enforcement agency, by December 1, 2026, to establish and maintain a written policy regarding interactions with survivors of human trafficking. This requirement can be satisfied by adopting the model policy created by the Commission on Peace Officer Standards and Training (“POST”) identified in the bill.

This bill requires any such written policy to incorporate best practices and to include, without limitation, all of the following:

• That an officer contacting a survivor of human trafficking inform them that they have the right to have an advocate present during any interviews with law enforcement and other subsequent examinations and proceedings;
• That an officer explain the benefits of being represented by an advocate, including, without limitation, confidentiality and evidentiary privilege, emotional support, assistance in accessing resources, and assistance with understanding their legal rights;
• That, if the survivor requests an advocate, the officer contact the rape crisis center or another appropriate organization, such as an immigrant services organization, and arrange for an advocate to be present for any further interviews or examinations;
• That an officer obtain a waiver in writing if a survivor refuses an advocate, and inform them that they may revoke their waiver at any time and request an advocate;
• That an officer provide referrals to organizations that provide services to survivors of human trafficking, trafficking, including, but not limited to, immigrant services organizations;
• That a law enforcement agency, in collaboration with community-based organizations, establish a process for referrals of human trafficking victims to the county social services department; and,
• That a law enforcement agency work with community-based organizations to provide referrals to services that are consistent with a survivor’s culture, sexual orientation, and gender identity.

This bill requires POST, by January 1, 2026, to develop and promulgate a model policy for law enforcement personnel interactions with survivors of human trafficking.

This bill requires this model policy to, without limitation, include the same criteria required of law enforcement agencies, as outlined above.

This bill requires POST, in developing the policy, to collaborate with both types of groups:

• Community-based organizations have been providing services for at least five years and that are well-established community-based organizations; and,
• Organizations with experience supporting survivors of labor trafficking, including, but not limited to, immigrant legal service providers.

This bill requires POST to develop and promulgate a standardized written waiver of advocacy.

This bill requires law enforcement agency to create a standardized written waiver of advocacy or may use the waiver developed by POST.

This bill defines “law enforcement agency” as any department or agency of the state or any political subdivision thereof that employs any peace officer and that provides uniformed general law enforcement services to the public. This includes, without limitation, any municipal police department, county sheriff’s department, the California Highway Patrol, and the University of California and California State University police departments.

COMMENTS

1. Need for This Bill

According to the Author:

Human trafficking continues to have a strong and dark presence in the United States. It has crept into nearly every corner of our state, including in my own district. In 2021, the National Human Trafficking Hotline identified 1,334 human trafficking cases in California. Of those cases, 2,122 victims were involved. Even with the data we do know, understanding the true scope of human trafficking is difficult because it is a seriously underreported crime. As we continue to work on understanding the scope of human trafficking, it is crucial that we continue to focus on survivor's needs. My bill recognizes the impact of human trafficking in our communities and centers the need to continue to support and lift up survivors. AB 2020 centers survivors by establishing human trafficking survivor boards where survivors can speak to their experiences and challenges, and implements and expands upon law enforcement protocols.

1. Human Trafficking

According to the Department of Justice (DOJ), human trafficking, also known as modern-day slavery, is a crime involving the coercion or compelling of a person to provide labor or services, or to engage in commercial sex acts. The coercion can be physical or psychological, and may involve the use of violence, threats, lies, or debt bondage. It is among the world’s fastest growing criminal enterprises and is estimated to be a $150 billion-a-year worldwide industry. The International Labor Organization estimates that there are approximately 24.9 million human trafficking victims globally at any given time. (DOJ. What is Human Trafficking?; DOJ. Human Trafficking.)

The U.S. is widely regarded as a destination country for human trafficking. (DOJ. What is Human Trafficking?; DOJ. Human Trafficking.) At the federal level, it is estimated that 14,500 to 17,500 victims are trafficked into the U.S. annually. At the state level, California is one of the nation’s top destination states for human trafficking. Human trafficking victims do not necessarily fit into any one profile. (Id.) Victims of human trafficking include men, women, and children from diverse backgrounds in terms of race, color, national origin, religion, sexual orientation, socioeconomic status, and education level. (Id.) Many domestic victims of sex trafficking are runaway or homeless youth with backgrounds of sexual and physical abuse, poverty, or addiction; these vulnerabilities are often exploited by traffickers. (Id.)

1. The California Trafficking Victims Protection Act

The California Trafficking Victims Protection Act, enacted in 2006, established human trafficking for forced labor or services as a felony crime. (See Pen. Code, § 236.1) Since the California Trafficking Victims Protection Act, a number of additional laws have been passed in California related to human trafficking. (Judicial Council of California (JCC), Human Trafficking in California: Toolkit for Judicial Officers (2017).) “Trafficking victims have certain commonalities that make them vulnerable to exploitation, including poverty, history of sexual or physical abuse, a lack of family or family support, young age, and limited education.” (Id. at 3.) “Traffickers convince victims to distrust outsiders, particularly law enforcement, and victims are kept unaware of their rights.” (Id. at p. 4.) “Collaborative approaches to treating victims as victims rather than as criminals have been identified as successful practices. Victim-centered approaches to prosecution ensure that victims are treated as victims and not as criminals, and that they have access to adequate services, assistance, and benefits.” (Id. at p. 5.)

1. Law Enforcement Contacts with Survivors of Sex Trafficking

According to a survivor survey “Encounters with law enforcement are some of the first institutional interactions for many survivors of trafficking. Whether as a juvenile, pre-trafficking, or after exit, law enforcement and the justice system play a large role in many survivors’ lives. Of respondents, 62 percent were arrested, detained, or cited by law enforcement. Of those arrested, detained, or cited, 81 percent reported that it happened during their trafficking experience. The impact of arrest on survivors is both an emotional challenge and a logistical one. Of those who were arrested, detained, or cited, 71 percent had a criminal record as a result.” (Polaris, In Harm’s Way: How Systems Fail Human Trafficking Survivors.)

1. Argument in Support

According to the County of San Diego:

Human trafficking has a devastating presence in the United States. In 2021, the National Human Trafficking Hotline received 51,073 contacts about human trafficking and issues related to human trafficking across the United States. Contacts can include phone calls, texts, websites, online tip reports, or emails. Of those contacts, there were 10,360 human trafficking cases, and 16,710 victims involved in these cases. For California, the hotline received 5,257 contacts. Of those contacts, 1,334 human trafficking cases were identified with 2,122 victims involved in those cases. Understanding the true scope of human trafficking is difficult because it can often go unreported. Additionally, there are indicators that Indigenous, Latina and Black women and girls are disproportionately represented among human trafficking victims and survivors. However, there is a lack of nationwide data for people of color.

Initiate Justice understands from experiences that victims and survivors of human trafficking are ill-served by our current systems, especially law enforcement. With Black and Latina women and girls experiencing human trafficking, and related abuse, often being criminalized and punished by law enforcement. Additionally, law enforcement involvement can oftentimes exacerbate the harms that women and girls are experiencing by their abusers.

Survivors of trafficking often find themselves first interacting with government agencies through encounters with law enforcement. In fact, the first time that survivors come into contact with law enforcement is often as an offender. […] According to a 2023 National Survivor Study, sixty-two percent of survivors reported being cited, detained, or arrested by law enforcement.

Effectively identifying survivors and working with them using a trauma centered approach, could make a critical and life-saving difference for a survivor. While some law enforcement agencies may already have protocols and practices in place when they interact with or interview human trafficking survivors, those protocols and best practices can be implemented at agencies across the state so that survivors are better identified and referred to services and the resources they need.

[…] For these reasons, Initiate Justice is pleased to support AB 2020.

-- END –

ASSEMBLY THIRD READING

ATR Bill Id:AB 2020

Author:(Bonta)

As Amended Ver:May 16, 2024

Majority vote

SUMMARY

Requires counties with interagency sexual assault response teams to establish a survivor review board and requires law enforcement agencies to establish written policies regarding interactions with survivors of human trafficking.

Major Provisions

1. Requires counties that have established an interagency sexual assault response team to establish a survivor review board to review feedback from survivors regarding their experience.
2. Requires the members of the review board to include key contributors to the interagency sexual assault response team and survivors of sexual assault.
3. Provides that the purpose of the review board is to solicit, accept, and review feedback from survivors regarding their experience with service providers, including, without limitation, law enforcement, health care, and advocates.
4. Provides that such survivor feedback may be submitted in any form, may be submitted anonymously, and may be submitted by a service provider on behalf of a survivor.
5. Requires the review board to meet at least once every two months to review feedback that has been submitted, and to review all feedback to identify and respond to any of the following, without limitation:
   1. Policies and procedures resulting in positive outcomes;
   2. Policies and procedures resulting in negative outcomes and recommended changes to those policies and procedures;
   3. Failures to follow policy or protocol by service providers requiring training or accountability; or,
   4. Commendable accomplishments of service providers deserving recognition.
6. The review board must respond in writing to any survivor submitting feedback within 30 days of reviewing the feedback, unless that feedback was anonymously submitted.
7. The board shall report recommendations regarding policies and procedures to the appropriate agency heads or legislative bodies.
8. Requires each law enforcement agency, by December 1, 2026, to establish and maintain a written policy regarding interactions with survivors of human trafficking, based on the guidelines developed by the Commission on Peace Officer Standards and Training ("POST") identified below.
9. Requires any such written policy to incorporate best practices and to include, without limitation, all of the following:
   1. That an officer contacting a survivor of human trafficking inform them that they have the right to have an advocate present during any interviews with law enforcement and other subsequent examinations and proceedings;
   2. That an officer explain the benefits of being represented by an advocate, including, without limitation, confidentiality and evidentiary privilege, emotional support, assistance in accessing resources, and assistance with understanding their legal rights;
   3. That, if the survivor requests an advocate, the officer contact the rape crisis center and arrange for an advocate to be present for any further interviews or examinations;
   4. That an officer obtain a waiver in writing if a survivor refuses an advocate, and inform them that they may revoke their waiver at any time and request an advocate; and,
   5. That an officer provide referrals to organizations that provide services to survivors of human trafficking.
10. Requires law enforcement agency to create a standardized written waiver of advocacy or may use the waiver developed by POST, as provided below.
11. Requires POST, by June 1, 2026, to develop and promulgate minimum guidelines for law enforcement personnel interactions with survivors of human trafficking. Law enforcement agencies shall use these guidelines as a resource in creating their own policy for law enforcement interactions with survivors of trafficking.
12. Requires the guidelines to, without limitation, include the same criteria in the policies required of law enforcement agencies, as outlined above.
13. Requires POST, in developing the guidelines, to collaborate with community-based organizations providing services to health care professionals and survivors of human trafficking.
14. Requires POST to develop and promulgate a standardized written waiver of advocacy.
15. Defines "law enforcement agency" as any department or agency of the state or any political subdivision thereof that employs any peace officer and that provides uniformed general law enforcement services to the public. This includes, without limitation, any municipal police department, county sheriff's department, the California Highway Patrol, and the University of California and California State University police departments.

COMMENTS

According to the Author

"Human trafficking continues to have a strong and dark presence in the United States. It has crept into nearly every corner of our state, including in my own district. In 2021, the National Human Trafficking Hotline identified 1,334 human trafficking cases in California. Of those cases, 2,122 victims were involved. Even with the data we do know, understanding the true scope of human trafficking is difficult because it is a seriously underreported crime. As we continue to work on understanding the scope of human trafficking, it is crucial that we continue to focus on survivor's needs. My bill recognizes the impact of human trafficking in our communities and centers the need to continue to support and lift up survivors. AB 2020 centers survivors by easing access to identification documents, allowing survivors to more easily access critical services such as housing when they need it, establishes human trafficking survivor boards where survivors can speak to their experiences and challenges, and implements and expands upon law enforcement protocols and best practices."

Arguments in Support

According to Smart Justice California "Victims of human trafficking deal with significant emotional and psychological trauma. The State of California has taken a number of legislative steps in recent years to provide victims of human trafficking more services for healing, support, and community reintegration. However, those services are frequently distributed across disparate providers, making it difficult for victims to navigate their way through the recovery process. AB 2020 provides a framework to help coordinate services for victims of human trafficking.

"AB 2020 would require the California Health and Human Services Agency to establish a statewide human trafficking survivor passport program for the purposes of identifying a person as a survivor of human trafficking and increasing efficiency in providing assistance to them. The bill would authorize counties to establish a Human Trafficking Survivor Board to work with community-based organizations to address issues relating to human trafficking in the local community. The bill would also require state and local enforcement agencies to establish protocols for how to interact with people who are victims of human trafficking that include a best practice to contact and coordinate with a community-based organization."

Arguments in Opposition

None submitted.

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. Costs (local funds) to each county with a SART to establish the required survivor review board. Because a county is authorized (but not mandated) to form a SART, costs incurred to comply with this provision are likely nonreimbursable local costs.
2. Costs (General Fund) to POST to establish model policies, likely in the hundreds of thousands of dollars. POST reports estimated one-time costs between $250,000 and $400,000 to develop the model policy. POST also reports minor and absorbable costs to make conforming updates to its regular basic academy training course and some of its legacy courses for investigators.
3. Likely reimbursable costs (local funds, General Fund) to each law enforcement agency in the state to adopt a written policy on interactions with human trafficking survivors. Costs are likely minor and absorbable, especially if an agency satisfies this requirement by adopting the POST model policy, as permitted by the bill. If costs are not absorbable, they may be reimbursable if the Commission on State Mandates determines the duties imposed by this bill constitute a reimbursable state mandate.

According to the Legislative Analyst's Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years. 

VOTES

ASM PUBLIC SAFETY: 8-0-0

YES: McCarty, Alanis, Lackey, Stephanie Nguyen, Reyes, Ting, Wilson, Zbur

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

ABS, ABST OR NV: Sanchez, Dixon, Jim Patterson, Ta

UPDATED

VERSION: May 16, 2024

CONSULTANT: Ilan Zur / PUB. S. / (916) 319-3744 FN: 0003329

Date of Hearing: May 8, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2020

Author:(Bonta) – As Amended Ver:April 9, 2024

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

SUMMARY:

This bill requires a county with an interagency sexual assault response team (SART) to establish a survivor review board, requires the Commission on Peace Officer Standards and Training (POST) to establish a model policy for law enforcement interactions with survivors of human trafficking, and requires each law enforcement agency to adopt a written policy on the same subject.

FISCAL EFFECT:

1. Costs (local funds) to each county with a SART to establish the required survivor review board. Because a county is authorized (but not mandated) to form a SART, costs incurred to comply with this provision are likely nonreimbursable local costs.
2. Costs (General Fund) to POST to establish model policies, likely in the hundreds of thousands of dollars. POST reports estimated one-time costs between $250,000 and $400,000 to develop the model policy. POST also reports minor and absorbable costs to make conforming updates to its regular basic academy training course and some of its legacy courses for investigators.
3. Likely reimbursable costs (local funds, General Fund) to each law enforcement agency in the state to adopt a written policy on interactions with human trafficking survivors. Costs are likely minor and absorbable, especially if an agency satisfies this requirement by adopting the POST model policy, as permitted by the bill. If costs are not absorbable, they may be reimbursable if the Commission on State Mandates determines the duties imposed by this bill constitute a reimbursable state mandate.

According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years. 

COMMENTS:

1. Purpose. According to the author:

Human trafficking continues to have a strong and dark presence in the United States. It has crept into nearly every corner of our state, including in my own district. In 2021, the National Human Trafficking Hotline identified 1,334 human trafficking cases in California. Of those cases, 2,122 victims were involved. Even with the data we do know, understanding the true scope of human trafficking is difficult because it is a seriously underreported crime. As we continue to work on understanding the scope of human trafficking, it is crucial that we continue to focus on survivor's needs. My bill recognizes the impact of human trafficking in our communities and centers the need to continue to support and lift up survivors. AB 2020 centers survivors by establishing human trafficking survivor boards where survivors can speak to their experiences and challenges, and implements and expands upon law enforcement protocols and best practices.

1. Background. This bill seeks to improve interactions between human trafficking survivors and law enforcement personnel in several ways. First, it requires a county with a SART to establish a survivor review board. The purpose of the board is to solicit, accept, and review feedback from survivors regarding their experience with service providers, including, without limitation, law enforcement, health care, and advocates. The bill requires a board to meet at least every two months and to share feedback from survivors with the SART, and to make recommendations for policy changes to improve survivors’ experience with government agencies.

Second, the bill requires POST to establish a model policy for law enforcement interactions with human trafficking survivors, and requires each law enforcement agency in the state to adopt a written policy to govern its interactions with survivors. The bill specifies an agency may satisfy this requirement by adopting POST’s model policy. POST’s policy must include several provisions specified by this bill, including a requirement that an officer interacting with a survivor inform them of their right to have an advocate present during law enforcement interviews, a requirement that the officer explain the benefits of having such an advocate present, and a requirement that if the survivor requests an advocate, the officer facilitate that request.

Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081

Date of Hearing:

Counsel: Ilan Zur

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Kevin McCarty, Chair

ABPCA Bill Id:AB 2020

Author:(Bonta) – As Amended Ver:April 9, 2024

SUMMARY:

1. Requires counties with interagency sexual assault response teams to establish a survivor review board and requires law enforcement agencies to establish written policies regarding interactions with survivors of human trafficking. Specifically, this bill:
2. Requires counties that have established an interagency sexual assault response team [limited scope??] to establish a survivor review board to review feedback from survivors regarding their experience.
3. Requires the members of the review board to include key contributors to the interagency sexual assault response team and survivors of sexual assault.
4. Provides that the purpose of the review board is to solicit, accept, and review feedback from survivors regarding their experience with service providers, including, without limitation, law enforcement, health care, and advocates.
5. Provides that such survivor feedback may be submitted in any form, may be submitted anonymously, and may be submitted by a service provider on behalf of a survivor.
6. Requires the review board to meet at least once every two months to review feedback that has been submitted, and to review all feedback to identify and respond to any of the following, without limitation:
   1. Policies and procedures resulting in positive outcomes;
   2. Policies and procedures resulting in negative outcomes and recommended changes to those policies and procedures;
   3. Failures to follow policy or protocol by service providers requiring training or accountability; or,
   4. Commendable accomplishments of service providers deserving recognition.
7. The review board must respond in writing to any survivor submitting feedback within 30 days of reviewing the feedback, unless that feedback was anonymously submitted.
8. The board shall report recommendations regarding policies and procedures to the appropriate agency heads or legislative bodies.
9. Requires each law enforcement agency, by January 1, 2026, to establish and maintain a written policy regarding interactions with survivors of human trafficking. This requirement can be satisfied by adopting the model policy created by the Commission on Peace Officer Standards and Training (“POST”) identified below.
10. Requires any such written policy to incorporate best practices and to include, without limitation, all of the following:
    1. That an officer contacting a survivor of human trafficking inform them that they have the right to have an advocate present during any interviews with law enforcement and other subsequent examinations and proceedings;
    2. That an officer explain the benefits of being represented by an advocate, including, without limitation, confidentiality and evidentiary privilege, emotional support, assistance in accessing resources, and assistance with understanding their legal rights;
    3. That, if the survivor requests an advocate, the officer contact the rape crisis center and arrange for an advocate to be present for any further interviews or examinations;
    4. That an officer obtain a waiver in writing if a survivor refuses an advocate, and inform them that they may revoke their waiver at any time and request an advocate; and,
    5. That an officer provide referrals to organizations that provide services to survivors of human trafficking.
11. Requires law enforcement agency to create a standardized written waiver of advocacy or may use the waiver developed by POST, as provided below.
12. Requires POST, by January 1, 2026, to develop and promulgate a model policy for law enforcement personnel interactions with survivors of human trafficking.
13. Requires this model policy to, without limitation, include the same criteria required of law enforcement agencies, as outlined above.
14. Requires POST, in developing the policy, to collaborate with community-based organizations providing services to health care professionals and survivors of human trafficking.
15. Requires POST to develop and promulgate a standardized written waiver of advocacy.
16. Defines “law enforcement agency” as any department or agency of the state or any political subdivision thereof that employs any peace officer and that provides uniformed general law enforcement services to the public. This includes, without limitation, any municipal police department, county sheriff’s department, the California Highway Patrol, and the University of California and California State University police departments.

EXISTING LAW:

1. Authorizes each county establish and implement an interagency sexual assault response team (SART) program for the purpose of providing a forum for interagency cooperation and coordination, to assess and make recommendations for the improvement in the local sexual assault intervention system, and to facilitate improved communication and working relationships to effectively address the problem of sexual assault in California. (Pen. Code, § 13898.)
2. Provides that, dependent upon local needs and goals, each SART may consist of representatives from the following agencies or organizations:
   1. Law enforcement agencies.
   2. County district attorneys’ offices.
   3. Rape crisis centers.
   4. Local sexual assault forensic examination teams.
   5. Crime laboratories.
   6. Child protective services.
   7. Local victim and witness assistance centers.
   8. County public health departments.
   9. County mental health services departments.
   10. Forensic interview centers.
   11. University and college Title IX coordinators.
   12. University and college police departments. (Pen. Code, § 13898.1.)
3. Provides that such SART programs have the following objectives
   1. Review local sexual assault intervention undertaken by all disciplines to promote effective intervention and best practices.
   2. Assess relevant trends, including drug-facilitated sexual assault, the incidence of predatory date rape, and human sex trafficking.
   3. Evaluate the cost-effectiveness and feasibility of a per capita funding model for local sexual assault forensic examination teams to achieve stability for this component of the SART program.
   4. Evaluate the effectiveness of individual agency and interagency protocols and systems by conducting case reviews of cases involving sexual assault.
   5. Plan and implement effective prevention strategies and collaborate with other agencies and educational institutions to address sexual assault perpetrated by strangers, sexual assault perpetrated by persons known to the victim, including, but not limited to, a friend, family member, or general acquaintance of the victim, predatory date rape, risks associated with binge alcohol drinking, and drug-facilitated sexual assault. (Pen. Code, § 13898.2.)
4.  Authorizes a city, county, city and county, or community-based nonprofit organization to establish a human trafficking multidisciplinary personnel team consisting of two or more persons who are trained in the prevention, identification, management, or treatment of human trafficking cases and who are qualified to provide a broad range of services related to human trafficking. (Pen. Code, § 13753, subd. (a).)
5. Provides that following a report of suspected human trafficking, members of such a multidisciplinary personnel team may exchange with one another information and writings that relate to any incident of human trafficking that may also be designated as confidential under state law if the member of the team having that information or writing reasonably believes it is generally relevant to the prevention, identification, or treatment of human trafficking, subject to confidentiality restrictions. (Pen. Code, § 13753, subd. (c).)
6. Such sharing of information shall be governed by protocols developed in each county describing how and what information may be shared by the human trafficking multidisciplinary team. (Pen. Code, § 13753, subd. (e).)
7. Provides that a victim of sexual assault as the result of specified offenses has the right to have victim advocates and a support person of the victim’s choosing present at any interview by law enforcement authorities, district attorneys, or defense attorneys. (Pen. Code, 679.04, subd. (a).)
   
8. Specifies that a sexual assault victim retains this right regardless of whether the victim has previously waived the right in a previous medical evidentiary or physical examination or in a previous interview by law enforcement authorities, district attorneys, or defense attorneys. (Pen. Code, 679.04, subd. (a).)
   
9. Specifies that the support person for a sexual assault victim may be excluded from an interview by law enforcement or the district attorney if they determine that the presence of the support person would be detrimental to the purpose of the interview. (Pen. Code, 679.04, subd. (a).)
   
10. Defines “victim advocate” as a sexual assault counselor, as defined, or a victim advocate working in a center, as specified. (Pen. Code, 679.04, subd. (a).)
    
11. Provides that prior to the commencement of the initial interview by law enforcement authorities or the district attorney pertaining to any criminal action arising out of a sexual assault, a victim of sexual assault as the result of specified offenses shall be notified in writing by the attending law enforcement authority or district attorney that the victim has the right to have victim advocates and a support person of the victim s choosing present at the interview or contact, about other rights of the victim pursuant to law, as specified, and that the victim has the right to request to have a person of the same gender as the victim present in the room during any interview with a law enforcement official or district attorney, unless no such person is reasonably available. This provision applies to investigators and agents employed or retained by law enforcement or district attorney. (Pen. Code, 679.04, subd. (b)(1).)
    
12. States that at the time a sexual assault victim is advised of their rights, the attending law enforcement authority or district attorney shall also advise the victim of the right to have victim advocates and a support person present at any interview by the defense attorney or investigators or agents employed by the defense attorney. (Pen. Code, 679.04, subd. (b)(2).)
    
13. Specifies that the presence of a victim advocate shall not defeat any existing right otherwise guaranteed by law. A victim's waiver of the right to a victim advocate is inadmissible in court, unless a court determines the waiver is at issue in the pending litigation. (Pen. Code, 679.04, subd. (b)(3).)
    
14. Specifies that the victim has the right to request to have a person of the same gender or opposite gender as the victim present in the room during any interview with a law enforcement official or district attorney, unless no such person is reasonably available. (Pen. Code, 679.04, subd. (b)(4).)
    
15. States that an initial investigation by law enforcement to determine whether a crime has been committed and the identity of the suspects shall not constitute a law enforcement interview for purposes of this section. (Pen. Code, 679.04, subd. (c).)
16. Provides that a person who deprives or violates the personal liberty of another to obtain forced labor or services is guilty of human trafficking, and can be imprisoned for 5, 8, or 12 years. (Pen. Code, § 236.1, subd. (a).)
    
17. States that a person who deprives or violates the personal liberty of another with the intent to pimp, pander, procure, or commit another specified sex crime, is guilty of human trafficking and may be imprisoned for 8, 14, or 20 years. (Pen. Code, § 236.1, subd. (b).)
    
18. Provides that a person who induces or persuades a minor to engage in a commercial sex act, as specified, is guilty of human trafficking and may be imprisoned for 5, 8, or 12 years, or for 15 years to life if some form of violence, threat, or duress is involved. (Pen. Code, § 236.1, subd. (c).)
    
19. Defines a human trafficking “victim” as a person who consults a human trafficking caseworker for the purpose of securing assistance concerning a condition related to their experience as a human trafficking victim. (Evid. Code, § 1038.2, subd. (e).)
    
20. Defines a “human trafficking caseworker” as a person employed by a human trafficking victim service organization, who has a specified degree or license, and meets other specified qualifications. (Evid. Code, § 1038.2, subd. (c).)
21. Provides that cases involving minor victims of human trafficking shall be provided with assistance from the local county Victim Witness Assistance Center, if the minor so desires. However, this does not require local agency’s to operate a Victim Witness Assistance Center. (Pen. Code, § 236.13.)
22. Establishes in the State Treasury the Human Trafficking Victims Assistance Fund. Moneys in the fund shall only be expended to support programs for victims of human trafficking. (Gov. Code § 8590.7 (a).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "Human trafficking continues to have a strong and dark presence in the United States. It has crept into nearly every corner of our state, including in my own district. In 2021, the National Human Trafficking Hotline identified 1,334 human trafficking cases in California. Of those cases, 2,122 victims were involved. Even with the data we do know, understanding the true scope of human trafficking is difficult because it is a seriously underreported crime. As we continue to work on understanding the scope of human trafficking, it is crucial that we continue to focus on survivor's needs. My bill recognizes the impact of human trafficking in our communities and centers the need to continue to support and lift up survivors. AB 2020 centers survivors by easing access to identification documents, allowing survivors to more easily access critical services such as housing when they need it, establishes human trafficking survivor boards where survivors can speak to their experiences and challenges, and implements and expands upon law enforcement protocols and best practices.”
   
2. Human Trafficking: According to the Department of Justice (DOJ), human trafficking, also known as modern-day slavery, is a crime involving the coercion or compelling of a person to provide labor or services, or to engage in commercial sex acts. The coercion can be physical or psychological, and may involve the use of violence, threats, lies, or debt bondage. It is among the world’s fastest growing criminal enterprises and is estimated to be a $150 billion-a-year worldwide industry. The International Labor Organization estimates that there are approximately 24.9 million human trafficking victims globally at any given time. (DOJ. What is Human Trafficking? <https://oag.ca.gov/human-trafficking/what-is#top> [as of Mar. 29, 2023]; DOJ. Human Trafficking. <https://oag.ca.gov/human-trafficking> [as of Mar. 29, 2023].)
   
   The U.S. is widely regarded as a destination country for human trafficking. (DOJ. What is Human Trafficking? <https://oag.ca.gov/human-trafficking/what-is#top> [as of Jun. 7, 2023]; DOJ. Human Trafficking. <https://oag.ca.gov/human-trafficking> [as of Jun. 7, 2023].) At the federal level, it is estimated that 14,500 to 17,500 victims are trafficked into the U.S. annually. At the state level, California is one of the nation’s top destination states for human trafficking. Human trafficking victims do not necessarily fit into any one profile. (Id.) Victims of human trafficking include men, women, and children from diverse backgrounds in terms of race, color, national origin, religion, sexual orientation, socioeconomic status, and education level. (Id.) Many domestic victims of sex trafficking are runaway or homeless youth with backgrounds of sexual and physical abuse, poverty, or addiction; these vulnerabilities are often exploited by traffickers. (Id.)
   
3. The California Trafficking Victims Protection Act: The California Trafficking Victims Protection Act, enacted in 2006, established human trafficking for forced labor or services as a felony crime. (See Pen. Code, § 236.1) Since the California Trafficking Victims Protection Act, a number of additional laws have been passed in California related to human trafficking. (Judicial Council of California (JCC), Human Trafficking in California: Toolkit for Judicial Officers (2017) <http://www.courts.ca.gov/documents/human-trafficking-toolkit-cfcc.pdf > [as of Jun. 6, 2023] at p. 31.) “Trafficking victims have certain commonalities that make them vulnerable to exploitation, including poverty, history of sexual or physical abuse, a lack of family or family support, young age, and limited education.” (Id. at 3.) “Traffickers convince victims to distrust outsiders, particularly law enforcement, and victims are kept unaware of their rights.” (Id. at p. 4.) “Collaborative approaches to treating victims as victims rather than as criminals have been identified as successful practices. Victim-centered approaches to prosecution ensure that victims are treated as victims and not as criminals, and that they have access to adequate services, assistance, and benefits.” (Id. at p. 5.)
4. Law Enforcement Contacts with Survivors of Sex Trafficking: According to a survivor survey “Encounters with law enforcement are some of the first institutional interactions for many survivors of trafficking. Whether as a juvenile, pre-trafficking, or after exit, law enforcement and the justice system play a large role in many survivors’ lives. Of respondents, 62 percent were arrested, detained, or cited by law enforcement. Of those arrested, detained, or cited, 81 percent reported that it happened during their trafficking experience. The impact of arrest on survivors is both an emotional challenge and a logistical one. Of those who were arrested, detained, or cited, 71 percent had a criminal record as a result.” Polaris, In Harm’s Way: How Systems Fail Human Trafficking Survivors. Available at: <https://polarisproject.org/resources/in-harms-way-how-systems-fail-human-trafficking-survivors/> [as of April 14, 2024].)
5. Effect of this Bill: AB 2020 does two primary things. First, it requires counties that have establishes interagency sexual assault response teams to establish survivor review boards to review feedback from survivors, for the purposes of making recommendations to relevant agencies and legislative policies regarding policies and procedures pertaining to sexual assault. Second it requires law enforcement agencies to establish a written policy regarding interactions with human trafficking survivors that requires that officers: 1) inform survivors that they have the right to have an advocate present during any interviews with law enforcement; 2) explain the benefits of being represented by an advocate; 3) arrange for an advocate to be present if the survivor requests an advocate; and 4) provide referrals to organizations that provide services to survivors of human trafficking. AB 2020 would similarly require POST to develop model policies for law enforcement personnel interactions with survivors, for use by other law enforcement agencies.

This bill can reasonably be expected to support survivors of sexual assault and trafficking by centering the policies and procedures developed by sexual assault response teams around the voices of directly impacted survivors. Similarly, it seeks to reduce harmful law enforcement contacts such as arrests, detention, and citations that victims of sex trafficking have with law enforcement. It does so by requiring law enforcement officers to adopt policies that require them, when contacting a survivor of sex trafficking, to ensure that such survivors are aware of their right to be represented by an advocate to and to refer them to organizations providing services to human trafficking survivors. Such a survivor centered, services-oriented approach may reduce harmful interactions between trafficking victims and law enforcement and increase the likelihood that trafficking victims are connected to services and housing, rather than facing criminal penalties.

1. Additional Comments: The author may wish to clarify a couple aspects of the bill. First, for the requirement that review boards meet to identity policies and procedures resulting in positive and negative outcomes, it may be worth providing examples or criteria of the type of positive or negative outcomes this bill is referring to. Second, it may be worth identifying the specific agencies or legislative bodies that the review board must send their recommendations to, as well as the purpose and types of “recommendations regarding policies and procedures” they are required to send to such agencies. Lastly, AB 2020 requires that review boards response in writing to survivors who have submitted feedback. The author may wish to clarify what this response entails (e.g. confirming receipt, appreciation of feedback, or specifically addressing their concern).
2. Argument in Support: According to Smart Justice California “Victims of human trafficking deal with significant emotional and psychological trauma. The State of California has taken a number of legislative steps in recent years to provide victims of human trafficking more services for healing, support, and community reintegration. However, those services are frequently distributed across disparate providers, making it difficult for victims to navigate their way through the recovery process. AB 2020 provides a framework to help coordinate services for victims of human trafficking.

“AB 2020 would require the California Health and Human Services Agency to establish a statewide human trafficking survivor passport program for the purposes of identifying a person as a survivor of human trafficking and increasing efficiency in providing assistance to them. The bill would authorize counties to establish a Human Trafficking Survivor Board to work with community-based organizations to address issues relating to human trafficking in the local community. The bill would also require state and local enforcement agencies to establish protocols for how to interact with people who are victims of human trafficking that include a best practice to contact and coordinate with a community-based organization.”

1. Argument in Opposition: None.
2. Related Legislation:
   1. SB 376 (Rubio), Chapter 109, Statutes of 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.
   2. SB 14 (Grove), Chapter 230, Statutes of 2023, designates human trafficking of a minor for purposes of a commercial sex act as a “serious felony,” making it a strike for purposes of the Three Strikes Law, except as specified
   3. AB 380 (Arambula), of the 2023-2024 Legislative Session, would have established the Labor Trafficking Unit (LTU) within the Department of Industrial Relations’ Division of Labor Standards Enforcement (DLSE).AB 380 was held in Senate Appropriations Committee.
   4. AB 1149 (Grayson), of the 2023-2024 Legislative Session, would have established the California Multidisciplinary Alliance to Stop Trafficking Act (California MAST) task force to study specified topics relating to human trafficking and prepare a report of findings and recommendations by January 1, 2026. AB 1149 was held in Assembly Appropriations Committee.
   5. AB 235 (Rubio) of the 2023-2024 Legislative Session, would have established the Labor Trafficking Unit (LTU) within the Civil Rights Department (CRD). AB 235 died in Assembly Appropriations Committee.
3. Prior Legislation:
   1. AB 2553 (Grayson), of 2021-2022 Legislative Session, would have established the California Multidisciplinary Alliance to Stop Trafficking Act (California MAST) to examine collaborative models between governmental and nongovernmental organizations for protecting victims and survivors of trafficking. AB 2553 was held on the Senate Committee on Appropriations suspense file.
      
   2. Ab 998 (Grayson), Chapter 802, Statutes of 2018, authorizes a city, county, city and county, or a nonprofit organization to establish domestic violence and human trafficking multidisciplinary personnel teams trained in the prevention, identification, management, or treatment of those cases.
   3. AB 1475 (Cooper), Chapter 210, Statutes of 2015, authorizes each county to establish and implement an interagency sexual assault response team program for the purpose of, among other things, effectively addressing the problem of sexual assault.
   4. AB 406 (Torres), Chapter 406, Statutes of 2013, Deleted the January 1, 2014 sunset date on provisions of law that authorizes counties to establish child abuse multidisciplinary personnel teams within that county to allow provider agencies to share confidential information in order to investigate reports of suspected child abuse and neglect
      
   5. AB 2229 (Brownley), Chapter 464, Statutes of 2010, authorized members of a multidisciplinary personnel team engaged in the prevention, identification, and treatment of child abuse to disclose and exchange information telephonically and electronically if there is adequate verification of the identity of the multidisciplinary team members involved in the disclosure or exchange of information.
   6. AB 1858 (Hollingsworth), Chapter 1090, Statutes of 2002, authorized counties to establish and implement SAFE Team programs.

REGISTERED SUPPORT / OPPOSITION:

Support

California Public Defenders Association
Californians for Safety and Justice
Ella Baker Center for Human Rights
Glide
Initiate Justice
Prosecutors Alliance of California, a Project of Tides Advocacy
Smart Justice California, a Project of Tides Advocacy

Opposition: None

Analysis Prepared by:

Ilan Zur / PUB. S. / (916) 319-3744