Human trafficking.

Existing law, the California Control of Profits of Organized Crime Act, provides the procedure for the forfeiture of property acquired through a pattern of criminal profiteering activity and for the forfeiture of the proceeds of a pattern of criminal profiteering activity, as specified, and requires the prosecution to file a petition for forfeiture in conjunction with certain criminal charges. Under existing law, criminal profiteering activity is defined to include specified crimes. This bill would include abduction or procurement by fraudulent inducement for prostitution within the definition of criminal profiteering activity, as specified. Under the California Control of Profits of Organized Crime Act, in all cases where property is forfeited and, if necessary, sold by the Department of General Services or a local governmental entity, the money forfeited or the proceeds of sale are required to be distributed by the state or local governmental entity in accordance with certain procedures, including to the general fund of the state or local governmental entity, whichever prosecutes. The bill would specify that in any case involving human trafficking of minors for purposes of prostitution or lewd conduct, or in any case involving abduction or procurement by fraudulent inducement for prostitution, in lieu of the distribution procedure described above, the proceeds shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund child sexual exploitation and child sexual abuse victim counseling centers and prevention programs. The bill would also require 50% of the funds deposited in the Victim-Witness Assistance Fund pursuant to this new requirement to be granted to community-based organizations that serve minor victims of human trafficking. Existing law authorizes the sentencing court to impose an additional fine of up to $5,000 on any person convicted of pimping, pandering, or procurement of a child under 16 years of age, as specified. Existing law provides that every fine imposed and collected for a person convicted of pimping, pandering, or procurement of a child under 16 years of age be deposited in the Victim-Witness Assistance Fund to be available for appropriation to the California Emergency Management Agency for grants to child exploitation and child sexual abuse victim counseling centers and prevention programs. This bill would increase the maximum amount of additional authorized fine to $20,000 for any person convicted of procurement of a child under 16 years of age, as specified. The bill would also authorize the court to order a defendant convicted of abducting a person under 18 years of age for the purpose of prostitution to pay an additional fine of $20,000. The bill would require that 50% of those fines collected and deposited in the Victim-Witness Assistance Fund pursuant to these provisions, including the fine authorized in the bill for abducting a minor for the purpose of prostitution, be granted to community-based organizations that serve minor victims of human trafficking. Because this bill would increase the penalty for an existing crime, it 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 no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.