AB 1656: Human trafficking case continuances.

Existing law makes a person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, or to effect or maintain a violation of various felony or misdemeanor offenses, including offenses relating to prostitution, child pornography, as specified, or extortion, as defined, guilty of human trafficking. Existing law makes a person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to effect or maintain a violation of various felony or misdemeanor offenses, also guilty of human trafficking.

Existing law establishes the requirements for a continuance to be granted in a criminal case, including a showing of good cause. Existing law defines good cause for this purpose to include, but not be limited to, cases involving specified crimes, including murder and domestic violence, and to apply when the prosecuting attorney assigned to the case has another trial, preliminary hearing, or motion to suppress in progress in that court or another court.

This bill would, in a case involving human trafficking, require the court, in determining if good cause for a continuance exists, to give great weight to the fact that the prosecuting attorney assigned to the case has another trial, preliminary hearing, or motion to suppress in progress in that court or another court. The bill would authorize the court to grant only one continuance for a maximum of 10 additional court days for that reason.

This bill would incorporate additional changes to Section 1050 of the Penal Code proposed by AB 2052 to be operative only if this bill and AB 2052 are enacted and this bill is enacted last.