Existing law allows the court to issue a protective order restraining a defendant from any contact with the victim if the defendant has been convicted of a crime of domestic violence, human trafficking, a crime in furtherance of a criminal street gang, or a registerable sex offense. Under existing law, the protective order may be valid for up to 10 years, as determined by the court. This bill would authorize those orders to be valid for up to 10 years, or one year after the person's release from the state prison or a county jail, whichever is later. Existing law authorizes a protective order restraining a person convicted of the crime of battery of specified persons, including a spouse or former spouse, to be valid for up to 15 years. The bill would authorize those orders to be valid for up to 15 years, or one year after the person's release from the state prison or a county jail, whichever is later. By extending the duration of protective orders, a violation of which is punishable as a crime, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 136.2 of the Penal Code proposed by SB 1395 and AB 2261, to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. 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.
Existing law allows the court to issue a protective order restraining a defendant from any contact with the victim if the defendant has been convicted of specified crimes, including a crime involving domestic violence, human trafficking, a crime in furtherance of a criminal street gang, or a registerable sex offense. This bill would additionally authorize the court to consider issuing an order restraining the defendant from contact with any person who is a member of the victim's family, as defined, or household. By authorizing the issuance of protective orders in certain circumstances and the extension of certain protective orders, a violation of which is punishable as a crime, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 136.2 of the Penal Code proposed by AB 1889 to be operative only if this bill and AB 1889 are enacted and this bill is enacted last. 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.
Existing law requires a social media platform to take certain actions with respect to child sexual abuse material on the social media platform, including requiring the platform to provide, in a mechanism that is reasonably accessible to users, a means for a user who is a California resident to report material to the platform that the user reasonably believes meets certain criteria, including that the reported material is child sexual abuse material and that the reporting user is depicted in the material. Existing law also requires the social media platform to collect information reasonably sufficient to enable the platform to contact, as specified, a reporting user. Existing law defines child sexual abuse material for these purposes to include obscene matter that depicts a minor personally engaging in, or personally simulating, sexual conduct. This bill would revise the definition of child sexual abuse material to instead include an intimate visual depiction, as defined, of an identifiable individual who is a minor. The bill would additionally require the above-described mechanism to be clear and conspicuous, as defined, and would delete the requirement that the reporting user be depicted in the material. The bill would require a social media platform to, among other things, ensure review by a natural person if there is not an established or known hash match to child sexual abuse material with respect to the reported material and the reported material is not otherwise blocked. The bill would require a social media platform to restore availability or functionality of the reporting mechanism if the reporting mechanism is unavailable or nonfunctional. Existing law makes a noncomplying social media company liable to a reporting user for actual damages and statutory damages, as specified. This bill would instead make a social media company liable to a depicted individual, as defined, for actual and statutory damages, as provided. The bill would also impose specified civil penalties on a noncomplying company to be collected in a civil action by certain public attorneys, including the Attorney General. Existing law establishes the Survivor Support Fund within the state treasury and makes moneys in the fund available, upon appropriation by the Legislature, for grants by the California Victim Compensation Board to community-based organizations that provide direct services to vulnerable individuals in areas with a high concentration of sex trafficking. This bill would require any penalty collected in a civil action by the Attorney General under these provisions to be deposited into the Survivor Support Fund. Existing law prohibits a social media platform from knowingly facilitating, aiding, or abetting commercial sexual exploitation, as defined. Existing law deems a social media platform to have knowledge for the purposes of this prohibition if material was reported to the social media platform using the reporting mechanism for 4 consecutive months, as provided. Existing law exempts a social media platform from being deemed in violation of this prohibition if it instituted a specified audit program and provided to each member of its board of directors a true and correct copy of each audit, as prescribed. This bill would remove the requirement that material was reported for 4 consecutive months to deem a social media platform to have knowledge for the purposes of the above-described prohibition. The bill would, in order to be exempt from that prohibition, require the social media platform to also submit the audit to the Attorney General, and if requested, to certain other public officials. The bill would provide that an audit submitted as described above is confidential and shall be exempt from disclosure under the California Public Records Act. This bill would declare its provisions severable. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect.
This bill establishes January as National Human Trafficking Awareness Month in California to raise public awareness about human trafficking. The resolution recognizes the severity of human trafficking as a felony crime and highlights statistics showing its prevalence across the country and specific challenges with identifying male victims and labor trafficking cases. It aims to educate the public and encourage reporting and support for victims during this designated month.
Existing law establishes the Department of Justice, and makes the department responsible, in part, for overseeing statewide criminal justice programs. Existing law requires the Department of Justice to provide technical assistance to local law enforcement agencies and tribal governments relating to, among other things, providing guidance for law enforcement education and training on policing and criminal investigations on Indian lands, providing guidance on improving crime reporting, crime statistics, criminal procedures, and investigative tools, and facilitating and supporting improved communication between local law enforcement agencies and tribal governments. This bill would establish a Missing and Murdered Indigenous Persons Justice Program within and under the discretion of the Department of Justice. The bill would impose specified responsibilities on the program, including facilitating collaboration and acting as a liaison between tribal victims' families, tribal governments, and federal, tribal, state, and out-of-state law enforcement agencies, where appropriate, regarding active and inactive cases involving missing and murdered indigenous persons in California, including cases involving human trafficking. The bill, beginning July 1, 2030, and until January 1, 2033, would require the program to submit an annual report to both houses of the Legislature containing, among other things, aggregated data on the number of, and facts about, cases involving missing and murdered indigenous persons in California.
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.
Existing law requires a contract entered into by any state agency for the procurement or laundering of apparel, garments, or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, to require that a contractor certify that nothing furnished to the state pursuant to the contract has been laundered or produced by certain types of labor, including forced labor, as defined. Existing law makes any person who falsely certifies pursuant to these provisions guilty of a misdemeanor. This bill would, for a contract entered into or renewed on or after January 1, 2027, with an estimated value that exceeds $550,000, revise the above contracting requirements to also require a contractor to certify that the contract complies with specified requirements relating to human trafficking, including certain prohibitions on contractors, contractor employees, subcontractors, subcontractor employees, and their agents. The bill would revise the definition of forced labor to mean knowingly providing or obtaining labor or services of a person by, among other things, threats of serious harm to, or physical restraint against, that person or another person. This bill would require contractors and subcontractors to notify employees of specified prohibited activities and the actions that may be taken against them for violations. The bill would provide that a contractor is ineligible for, and shall not bid on, or submit a proposal for, a contract under these provisions if the contractor has failed to certify its compliance. The bill would also require a contractor to exercise due diligence in ensuring that its subcontractors comply with those requirements, including requiring each subcontractor to sign a certification. By expanding the scope of a crime, the bill would impose a state-mandated local program. This bill would, for a contract that has an estimated value that exceeds $550,000, require, before a contract or subcontract is awarded, a proposed contractor or proposed subcontractor to provide a certification to the contracting officer or contractor, as applicable, that states the contractor or subcontractor has implemented a compliance plan, as specified, and has conducted due diligence that either (1) to the best of the contractor's or subcontractor's knowledge and belief, certain parties have not engaged in any specified prohibited activities or (2) if the contractor or subcontractor is aware of abuses relating to the specified prohibited activities, then certain parties have taken the appropriate remedial and referral actions. This bill would require a contractor or subcontractor to take specified actions to ensure compliance with the above-described provisions, including requiring the contractor or subcontractor to disclose to the contracting officer and the state agency with oversight information sufficient to identify the nature and extent of a violation of a prohibited activity. The bill would specify certain actions a contractor would be required to take if a contractor, contractor employee, subcontractor, subcontractor employee, or agent violates these provisions or specified provisions, including, among others, notifying its employees of the actions that will be taken against the employee or agent for violations. Existing law authorizes certain sanctions to be imposed if a contractor knew or should have known that the apparel, garments, corresponding accessories, equipment, materials, or supplies furnished to the state were laundered or produced in violation of specified conditions, including, among others, voiding the contract under which the prohibited apparel, garments, or corresponding accessories, equipment, materials, or supplies were laundered or provided at the option of the state agency and removing the contractor from the bidder's list for a period not to exceed 360 days. This bill would, for a contract entered into or renewed on or after January 1, 2027, with an estimated value that exceeds $550,000, authorize additional sanctions, including, among others, requiring a contractor to remove a contractor employee from the performance of the contract, requiring the contractor to terminate a subcontractor, and suspending contract payments until the contractor has taken appropriate remedial action. The bill would also specify that these requirements govern contracts and subcontracts entered into by a state agency, regardless of place of performance. Existing law authorizes a contractor to request a hearing before an administrative law judge when sanctions are imposed. Existing law requires the administrative law judge to consider any measures the contractor has taken to ensure compliance with the above-described provisions and authorizes the administrative law judge to waive any or all sanctions if it is determined that the contractor has acted in good faith. This bill would, for a contract entered into or renewed on or after January 1, 2027, with an estimated value that exceeds $550,000, authorize the administrative law judge to additionally consider mitigating factors and aggravating factors, as specified. Existing law authorizes a state agency that investigates a complaint against a contractor for violation of the above-described provisions to limit its investigation to evaluating the information provided by the person or entity submitting the complaint and information provided by the contractor. This bill would, for a contract entered into or renewed on or after January 1, 2027, with an estimated value that exceeds $550,000, authorize the state agency to limit its investigation to credible information. The bill would require the contracting officer, upon receipt of credible information regarding a violation of specified provisions, to promptly notify the state agency with oversight, the agency debarring and suspending official, and law enforcement officials with jurisdiction over the alleged offense, as specified. The bill would authorize the contracting officer to direct the contractor to take specific steps to abate the alleged violation or enforcement of the requirements of its compliance plan. 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.
Existing law makes it a felony, generally known as human trafficking, to deprive or violate the personal liberty of another with the intent to effect or maintain a felony violation of, among other crimes, pimping, pandering, or abducting a minor for the purpose of prostitution. Existing law authorizes the forfeiture of vehicles, boats, airplanes, money, negotiable instruments, securities, real property, or other things of value used for the purpose of facilitating the human trafficking of a victim under 18 years of age for purposes of a commercial sex act and property acquired through, or that was received in exchange for the proceeds of, that crime. Existing law establishes a procedure for a prosecutor to petition for forfeiture of an interest in these items that includes appointment of a receiver to take possession of and manage any property. This bill would make the above-described provisions authorizing forfeiture of property and the procedure for effecting it applicable to all offenses of human trafficking involving a commercial sex act, regardless of the age of the victim.
The California Control of Profits of Organized Crime Act provides the procedure for the forfeiture of property and proceeds acquired through a pattern of criminal profiteering activity. Under the act, "criminal profiteering activity" includes human trafficking, and a "pattern of criminal profiteering activity" means engaging in at least 2 incidents of criminal profiteering that meet specific requirements. Under existing law other the act, an interest in a vehicle, real property, or other thing of value that was put to substantial use for the purpose of facilitating the crime of human trafficking that involves a commercial sex act where the victim was less than 18 years of age at the time of the commission of the crime, may be seized and ordered forfeited by the court upon the conviction of a person guilty of human trafficking that involves a commercial sex act where the victim is an individual under 18 years of age. This bill would rename the act as the "California Control of Profits of Organized Crime and Human Trafficking Act" and recast its provisions to authorize the forfeiture of property and proceeds acquired through human trafficking without the requirement to establish a pattern of criminal profiteering activity. The bill would reallocate the proceeds of forfeiture related to human trafficking to the Victim-Witness Assistance Fund and the Board of State and Community Corrections, as specified. The bill would specify that the provisions of the act are prohibited from being deemed to modify the provisions for forfeiture applicable to an interest in property that was put to substantial use for the purpose of facilitating the crime of human trafficking that involves a commercial sex act where the victim was less than 18 years of age at the time of the commission.
Existing law establishes the state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Existing law requires an individual incarcerated by the department who is transgender, nonbinary, or intersex, regardless of anatomy, to be housed at a correctional facility designated for men or women based on the individual's preference, except as specified for management or security concerns. This bill would require the department to deny a housing preference by an individual who is transgender, nonbinary, or intersex, regardless of anatomy, and require an individual to be housed in a facility consistent with the individual's anatomy, if the individual has been convicted of, or the department has credible evidence that the individual has committed, specific offenses, including, among others, rape or human trafficking, against one or more victims with a gender opposite to that of the individual, as determined by the individual's anatomy.
