AB 1918: Human trafficking: body art practitioners.

Existing law establishes the Department of Justice, under the direction and control of the Attorney General. Under existing law, the department is responsible for gathering, analyzing, and storing intelligence pertaining to certain crimes, among other things.

Existing law, the California Emergency Services Act, creates, within the office of the Governor, the Office of Emergency Services (Cal OES) under the supervision of the Director of Emergency Services. Existing law declares that Cal OES is responsible for addressing natural, technological, or human-caused disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters on people and property. Existing law establishes, within Cal OES, the Curriculum Development Advisory Committee to provide advice on the development of specified course curricula.

This bill would require the Department of Justice, in consultation with Cal OES and the Civil Rights Department, to develop and administer a training program regarding human trafficking awareness, as provided, as a condition of registration to perform body art. The bill would require the training to be conducted by an approved nonprofit organization and to include information on how to recognize and respond to signs of human trafficking, how to refer a person to resources for victims of human trafficking, and how to report suspected instances of human trafficking, among other things. The bill would require that the training program be provided at no cost to the individual.

Existing law, the Safe Body Art Act, regulates the performance of body art, as defined, and requires the permitting of body art facilities and the registration of body art practitioners. Existing law prohibits a person from performing body art without registering with the local enforcement agency, as defined, and prohibits a body art facility from conducting business without a valid health permit. Existing law requires an applicant, as a condition of registration, to provide evidence demonstrating that the applicant has completed a federal Occupational Safety and Health Administration Bloodborne Pathogen Training, among other things. Existing law makes performing body art without being registered and performing body art at an unpermitted location a misdemeanor and provides administrative penalties for other violations.

This bill would require an applicant for registration to perform body art to provide evidence that they have completed the human trafficking awareness training program described above. The bill would require a body art provider who is registered before January 1, 2027, and who is renewing their registration to complete the above-described training by January 1, 2030, and would make their registration inactive if that deadline is not met until the training is completed.

This bill would prohibit a body art practitioner or the owner of a body art facility from publicly disclosing personal identifying information about a client suspected to be a victim of human trafficking, except as provided. The bill would limit the civil and criminal liability of a practitioner and owner under these provisions, in certain circumstances.

By increasing the duties of local enforcement agencies, 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.