BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 1731 (Atkins) - Statewide Interagency Human Trafficking Task  
          Force
          
           ----------------------------------------------------------------- 
          |                                                                 |
          |                                                                 |
          |                                                                 |
           ----------------------------------------------------------------- 
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Version:  August 1, 2016        |Policy Vote:  PUB. S. 7 - 0     |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Urgency:  No                    |Mandate:  No                    |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Hearing Date:  August 1, 2016   |Consultant:  Jolie Onodera      |
          |                                |                                |
           ----------------------------------------------------------------- 


          This bill meets the criteria for referral to the Suspense File.


          Bill  
          Summary:  AB 1731 would permanently establish the Statewide  
          Interagency Human Trafficking Task Force within the Department  
          of Justice (DOJ), as specified.


          Fiscal  
          Impact:  
            DOJ  :  First-year costs of $175,000 (General Fund) in FY  
            2016-17, and $313,000 (General Fund) annually thereafter to  
            chair the task force and complete the mandated task force  
            activities including statewide data collection and increased  
            public outreach. 
            Task Force members  :  Minor, absorbable workload impact  
            (General Fund) to various state agencies to provide a task  
            force representative.
            Advisory committee(s)  :  Unknown, potentially significant costs  
            (General Fund) to fund the staffing and activities of the  
            advisory committee(s) established by the task force. To the  







          AB 1731 (Atkins)                                       Page 1 of  
          ?
          
          
            extent the advisory committee executes some of the duties that  
            otherwise would have been completed by the DOJ in its workload  
            estimate, the associated costs would be redirected from the  
            cost of the task force to the advisory committee.


          Background:  In 2012, the DOJ published a report entitled, "The State of  
          Human Trafficking in California," which reported the following:
              It remains a key challenge to identify the scope  
              of human trafficking in California, as statistical  
              data on victims, arrests, and convictions are  
              unreliable. As described in the 2007 report, the  
              crime itself is hidden and under-reported. Common  
              categories and shared definitions do not exist -  
              nor is there any single agency responsible for  
              statewide data collection. As a further  
              complicating factor, potential cases of human  
              trafficking are often investigated and prosecuted  
              under related offenses such as pimping, pandering,  
              and prostitution rather than the Penal Code 236.1,  
              which criminalizes human trafficking.

          The report included numerous recommendations,  
          including but not limited to the following:


              Gather Comprehensive Human Trafficking  
              Information: California needs a central  
              clearinghouse to coordinate and compile human  
              trafficking information from local, state, and  
              federal law enforcement agencies and governments,  
              as well as non-governmental organizations. It is  
              important for any data collection effort to take  
              special care to ensure that all partners share  
              common working definitions of key terms, and to  
              address the relative dearth of information about  
              labor trafficking as compared to sex trafficking. 


              Utilize California's Fusion Center System for  
              Human Trafficking Information Sharing: California  
              lacks a centralized mechanism for the collection,  
              analysis, and dissemination of human trafficking  
              information. California's State Threat Assessment  








          AB 1731 (Atkins)                                       Page 2 of  
          ?
          
          
              System (STAS) provides critical tactical and  
              strategic intelligence about trends and emerging  
              patterns relating to criminal activity across the  
              state, and ensures that first responders and  
              policy makers are provided with relevant and  
              timely situational awareness, as well as  
              information on traffickers' current tactics and  
              techniques. In coordination with the Attorney  
              General's Office, California's anti-trafficking  
              task forces should partner with other local,  
              state, and federal law enforcement and the STAS to  
              improve California's human trafficking information  
              sharing environment.


              Increase Public Awareness: To raise awareness of  
              this crime, public and private anti-trafficking  
              partners can mount a coordinated, comprehensive  
              public awareness campaign to improve awareness of  
              human trafficking amongst the general public.


          This bill seeks to permanently establish a statewide task force  
          to facilitate more collaborative efforts to combat human  
          trafficking.


          Proposed  
          Law:  This bill would create the Statewide Interagency Human  
          Trafficking Task Force within the DOJ, consisting of  
          representatives from all of the following agencies:
          (1) A representative of the Department of Justice shall be the  
          chair of the task force.
          (2) The State Department of Social Services (DSS).
          (3) The Children and Family Services Division of the DSS.
          (4) The Labor and Workforce Development Agency.
          (5) The State Department of Public Health.
          (6) The Department of Corrections and Rehabilitation.
          (7) The State Department of Education.
          (8) The Judicial Council.
          (9) The California Victim Compensation and Government Claims  
          Board.
          (10) The Department of Consumer Affairs. 









          AB 1731 (Atkins)                                       Page 3 of  
          ?
          
          
          This bill would require the task force to do all of the  
          following:
                 Gather statewide data on sex and labor traffickers, sex  
               buyers, and human trafficking victims, including statistics  
               on prosecution of offenders as well as services provided to  
               victims, including commercially sexually exploited  
               children.
                 Recommend interagency protocols and best practices for  
               training and outreach to the law enforcement community,  
               victim service providers, and other state or private sector  
               employees likely to encounter trafficking, such as  
               educators and hotel workers.
                 Evaluate and implement approaches to increase public  
               awareness about human trafficking and make new  
               recommendations on these approaches.

          This bill would specify that the protocols shall not duplicate  
          the protocols developed by the California Child Welfare Council,  
          as specified.

          This bill would provide that if the task force determines that  
          the expertise of an advisory committee or advisory committees is  
          needed to execute the duties imposed upon it pursuant to this  
          section, the task force may create an advisory committee or  
          advisory committees comprised of subject matter experts,  
          including but not limited to, representatives of relevant county  
          and municipality agencies, survivors, businesses, nonprofit  
          organizations, and any other entities, groups, or individuals  
          the task force deems appropriate.


          Prior  
          Legislation:  AB 22 (Lieber) Chapter 240/2005 established civil  
          and criminal penalties for trafficking in human beings, allowed  
          for forfeiture of assets derived from human trafficking, made  
          legislative findings, and created the California Alliance to  
          Combat Trafficking and Slavery (California ACTS) Task Force.


                                      -- END --

          










          AB 1731 (Atkins)                                       Page 4 of  
          ?