Amended IN Senate March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 376Introduced by Senator RubioFebruary 09, 2023An act to add Section 236.21 to the Penal Code, relating to human trafficking.LEGISLATIVE COUNSEL'S DIGESTSB 376, as amended, Rubio. Human trafficking: identification and prevention. victim rights.Under existing law, anyone who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, or with the intent to effect a violation of specified sex crimes, is guilty of human trafficking. Existing law requires law enforcement agencies to use due diligence to identify all victims of human trafficking regardless of the citizenship of the person.This bill would provide that a victim of human trafficking or abuse has the right to have a human trafficking advocate, as defined, and a support person of the victims choosing present at an interview by a law enforcement authority, prosecutor, or defense attorney and would require the human trafficking advocate to advise the victim of the applicable limitations on the confidentiality of the victims communications with the advocate. The bill would require the attending law enforcement authority or prosecutor to notify a victim of human trafficking or abuse of their right to have a human trafficking advocate and support person of their choosing present at the interview, as specified. By creating a new notification requirement for local law enforcement and prosecutors, 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 no reimbursement is required by this act for a specified reason.Existing law makes it a crime of human trafficking for a person to deprive or violate the personal liberty of another with the intent to obtain forced labor or services, or with the intent to effect or maintain any violation of specified crimes.This bill would state the intent of the Legislature to enact legislation creating a data-informed, evidence-based estimate of the prevalence of human trafficking in California in order to support early identification and prevention of new trafficking cases.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 236.21 is added to the Penal Code, to read:236.21. (a) (1) A victim of human trafficking or abuse, as defined in Section 236.1 of this code or Section 1038.2 of the Evidence Code, has the right to have a human trafficking advocate and a support person of the victims choosing present at an interview by a law enforcement authority, prosecutor, or defense attorney.(2) Prior to being present at an interview conducted by a law enforcement authority, prosecutor, or defense attorney, a human trafficking advocate shall advise the victim of applicable limitations on the confidentiality of communications between the victim and the human trafficking advocate.(3) As used in this section, human trafficking advocate means a person employed by an organization specified in Section 1038.2 of the Evidence Code.(b) (1) Prior to the commencement of the initial interview by a law enforcement authority or a prosecutor pertaining to a criminal action arising out of a human trafficking incident, a victim of human trafficking or abuse, as defined in Section 236.1 of this code or Section 1038.2 of the Evidence Code, shall be notified orally or in writing by the attending law enforcement authority or prosecutor that the victim has the right to have a human trafficking advocate and a support person of the victims choosing present at the interview.(2) At the time the victim is advised of their rights pursuant to paragraph (1), the attending law enforcement authority or prosecutor shall also advise the victim of the right to have a human trafficking advocate and a support person present at an interview by the defense attorney or investigators or agents employed by the defense attorney.(3) This subdivision applies to investigators and agents employed or retained by law enforcement or the prosecutor.(c) An initial investigation by law enforcement to determine whether a crime has been committed and the identity of the suspects does not constitute a law enforcement interview for purposes of this section.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.It is the intent of the Legislature to enact legislation creating a data-informed, evidence-based estimate of the prevalence of human trafficking in California in order to support early identification and prevention of new trafficking cases.
Amended IN Senate March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 376Introduced by Senator RubioFebruary 09, 2023An act to add Section 236.21 to the Penal Code, relating to human trafficking.LEGISLATIVE COUNSEL'S DIGESTSB 376, as amended, Rubio. Human trafficking: identification and prevention. victim rights.Under existing law, anyone who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, or with the intent to effect a violation of specified sex crimes, is guilty of human trafficking. Existing law requires law enforcement agencies to use due diligence to identify all victims of human trafficking regardless of the citizenship of the person.This bill would provide that a victim of human trafficking or abuse has the right to have a human trafficking advocate, as defined, and a support person of the victims choosing present at an interview by a law enforcement authority, prosecutor, or defense attorney and would require the human trafficking advocate to advise the victim of the applicable limitations on the confidentiality of the victims communications with the advocate. The bill would require the attending law enforcement authority or prosecutor to notify a victim of human trafficking or abuse of their right to have a human trafficking advocate and support person of their choosing present at the interview, as specified. By creating a new notification requirement for local law enforcement and prosecutors, 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 no reimbursement is required by this act for a specified reason.Existing law makes it a crime of human trafficking for a person to deprive or violate the personal liberty of another with the intent to obtain forced labor or services, or with the intent to effect or maintain any violation of specified crimes.This bill would state the intent of the Legislature to enact legislation creating a data-informed, evidence-based estimate of the prevalence of human trafficking in California in order to support early identification and prevention of new trafficking cases.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Senate March 16, 2023
Amended IN Senate March 16, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 376
Introduced by Senator RubioFebruary 09, 2023
Introduced by Senator Rubio
February 09, 2023
An act to add Section 236.21 to the Penal Code, relating to human trafficking.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 376, as amended, Rubio. Human trafficking: identification and prevention. victim rights.
Under existing law, anyone who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, or with the intent to effect a violation of specified sex crimes, is guilty of human trafficking. Existing law requires law enforcement agencies to use due diligence to identify all victims of human trafficking regardless of the citizenship of the person.This bill would provide that a victim of human trafficking or abuse has the right to have a human trafficking advocate, as defined, and a support person of the victims choosing present at an interview by a law enforcement authority, prosecutor, or defense attorney and would require the human trafficking advocate to advise the victim of the applicable limitations on the confidentiality of the victims communications with the advocate. The bill would require the attending law enforcement authority or prosecutor to notify a victim of human trafficking or abuse of their right to have a human trafficking advocate and support person of their choosing present at the interview, as specified. By creating a new notification requirement for local law enforcement and prosecutors, 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 no reimbursement is required by this act for a specified reason.Existing law makes it a crime of human trafficking for a person to deprive or violate the personal liberty of another with the intent to obtain forced labor or services, or with the intent to effect or maintain any violation of specified crimes.This bill would state the intent of the Legislature to enact legislation creating a data-informed, evidence-based estimate of the prevalence of human trafficking in California in order to support early identification and prevention of new trafficking cases.
Under existing law, anyone who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, or with the intent to effect a violation of specified sex crimes, is guilty of human trafficking. Existing law requires law enforcement agencies to use due diligence to identify all victims of human trafficking regardless of the citizenship of the person.
This bill would provide that a victim of human trafficking or abuse has the right to have a human trafficking advocate, as defined, and a support person of the victims choosing present at an interview by a law enforcement authority, prosecutor, or defense attorney and would require the human trafficking advocate to advise the victim of the applicable limitations on the confidentiality of the victims communications with the advocate. The bill would require the attending law enforcement authority or prosecutor to notify a victim of human trafficking or abuse of their right to have a human trafficking advocate and support person of their choosing present at the interview, as specified. By creating a new notification requirement for local law enforcement and prosecutors, 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 no reimbursement is required by this act for a specified reason.
Existing law makes it a crime of human trafficking for a person to deprive or violate the personal liberty of another with the intent to obtain forced labor or services, or with the intent to effect or maintain any violation of specified crimes.
This bill would state the intent of the Legislature to enact legislation creating a data-informed, evidence-based estimate of the prevalence of human trafficking in California in order to support early identification and prevention of new trafficking cases.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 236.21 is added to the Penal Code, to read:236.21. (a) (1) A victim of human trafficking or abuse, as defined in Section 236.1 of this code or Section 1038.2 of the Evidence Code, has the right to have a human trafficking advocate and a support person of the victims choosing present at an interview by a law enforcement authority, prosecutor, or defense attorney.(2) Prior to being present at an interview conducted by a law enforcement authority, prosecutor, or defense attorney, a human trafficking advocate shall advise the victim of applicable limitations on the confidentiality of communications between the victim and the human trafficking advocate.(3) As used in this section, human trafficking advocate means a person employed by an organization specified in Section 1038.2 of the Evidence Code.(b) (1) Prior to the commencement of the initial interview by a law enforcement authority or a prosecutor pertaining to a criminal action arising out of a human trafficking incident, a victim of human trafficking or abuse, as defined in Section 236.1 of this code or Section 1038.2 of the Evidence Code, shall be notified orally or in writing by the attending law enforcement authority or prosecutor that the victim has the right to have a human trafficking advocate and a support person of the victims choosing present at the interview.(2) At the time the victim is advised of their rights pursuant to paragraph (1), the attending law enforcement authority or prosecutor shall also advise the victim of the right to have a human trafficking advocate and a support person present at an interview by the defense attorney or investigators or agents employed by the defense attorney.(3) This subdivision applies to investigators and agents employed or retained by law enforcement or the prosecutor.(c) An initial investigation by law enforcement to determine whether a crime has been committed and the identity of the suspects does not constitute a law enforcement interview for purposes of this section.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.It is the intent of the Legislature to enact legislation creating a data-informed, evidence-based estimate of the prevalence of human trafficking in California in order to support early identification and prevention of new trafficking cases.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 236.21 is added to the Penal Code, to read:236.21. (a) (1) A victim of human trafficking or abuse, as defined in Section 236.1 of this code or Section 1038.2 of the Evidence Code, has the right to have a human trafficking advocate and a support person of the victims choosing present at an interview by a law enforcement authority, prosecutor, or defense attorney.(2) Prior to being present at an interview conducted by a law enforcement authority, prosecutor, or defense attorney, a human trafficking advocate shall advise the victim of applicable limitations on the confidentiality of communications between the victim and the human trafficking advocate.(3) As used in this section, human trafficking advocate means a person employed by an organization specified in Section 1038.2 of the Evidence Code.(b) (1) Prior to the commencement of the initial interview by a law enforcement authority or a prosecutor pertaining to a criminal action arising out of a human trafficking incident, a victim of human trafficking or abuse, as defined in Section 236.1 of this code or Section 1038.2 of the Evidence Code, shall be notified orally or in writing by the attending law enforcement authority or prosecutor that the victim has the right to have a human trafficking advocate and a support person of the victims choosing present at the interview.(2) At the time the victim is advised of their rights pursuant to paragraph (1), the attending law enforcement authority or prosecutor shall also advise the victim of the right to have a human trafficking advocate and a support person present at an interview by the defense attorney or investigators or agents employed by the defense attorney.(3) This subdivision applies to investigators and agents employed or retained by law enforcement or the prosecutor.(c) An initial investigation by law enforcement to determine whether a crime has been committed and the identity of the suspects does not constitute a law enforcement interview for purposes of this section.
SECTION 1. Section 236.21 is added to the Penal Code, to read:
### SECTION 1.
236.21. (a) (1) A victim of human trafficking or abuse, as defined in Section 236.1 of this code or Section 1038.2 of the Evidence Code, has the right to have a human trafficking advocate and a support person of the victims choosing present at an interview by a law enforcement authority, prosecutor, or defense attorney.(2) Prior to being present at an interview conducted by a law enforcement authority, prosecutor, or defense attorney, a human trafficking advocate shall advise the victim of applicable limitations on the confidentiality of communications between the victim and the human trafficking advocate.(3) As used in this section, human trafficking advocate means a person employed by an organization specified in Section 1038.2 of the Evidence Code.(b) (1) Prior to the commencement of the initial interview by a law enforcement authority or a prosecutor pertaining to a criminal action arising out of a human trafficking incident, a victim of human trafficking or abuse, as defined in Section 236.1 of this code or Section 1038.2 of the Evidence Code, shall be notified orally or in writing by the attending law enforcement authority or prosecutor that the victim has the right to have a human trafficking advocate and a support person of the victims choosing present at the interview.(2) At the time the victim is advised of their rights pursuant to paragraph (1), the attending law enforcement authority or prosecutor shall also advise the victim of the right to have a human trafficking advocate and a support person present at an interview by the defense attorney or investigators or agents employed by the defense attorney.(3) This subdivision applies to investigators and agents employed or retained by law enforcement or the prosecutor.(c) An initial investigation by law enforcement to determine whether a crime has been committed and the identity of the suspects does not constitute a law enforcement interview for purposes of this section.
236.21. (a) (1) A victim of human trafficking or abuse, as defined in Section 236.1 of this code or Section 1038.2 of the Evidence Code, has the right to have a human trafficking advocate and a support person of the victims choosing present at an interview by a law enforcement authority, prosecutor, or defense attorney.(2) Prior to being present at an interview conducted by a law enforcement authority, prosecutor, or defense attorney, a human trafficking advocate shall advise the victim of applicable limitations on the confidentiality of communications between the victim and the human trafficking advocate.(3) As used in this section, human trafficking advocate means a person employed by an organization specified in Section 1038.2 of the Evidence Code.(b) (1) Prior to the commencement of the initial interview by a law enforcement authority or a prosecutor pertaining to a criminal action arising out of a human trafficking incident, a victim of human trafficking or abuse, as defined in Section 236.1 of this code or Section 1038.2 of the Evidence Code, shall be notified orally or in writing by the attending law enforcement authority or prosecutor that the victim has the right to have a human trafficking advocate and a support person of the victims choosing present at the interview.(2) At the time the victim is advised of their rights pursuant to paragraph (1), the attending law enforcement authority or prosecutor shall also advise the victim of the right to have a human trafficking advocate and a support person present at an interview by the defense attorney or investigators or agents employed by the defense attorney.(3) This subdivision applies to investigators and agents employed or retained by law enforcement or the prosecutor.(c) An initial investigation by law enforcement to determine whether a crime has been committed and the identity of the suspects does not constitute a law enforcement interview for purposes of this section.
236.21. (a) (1) A victim of human trafficking or abuse, as defined in Section 236.1 of this code or Section 1038.2 of the Evidence Code, has the right to have a human trafficking advocate and a support person of the victims choosing present at an interview by a law enforcement authority, prosecutor, or defense attorney.(2) Prior to being present at an interview conducted by a law enforcement authority, prosecutor, or defense attorney, a human trafficking advocate shall advise the victim of applicable limitations on the confidentiality of communications between the victim and the human trafficking advocate.(3) As used in this section, human trafficking advocate means a person employed by an organization specified in Section 1038.2 of the Evidence Code.(b) (1) Prior to the commencement of the initial interview by a law enforcement authority or a prosecutor pertaining to a criminal action arising out of a human trafficking incident, a victim of human trafficking or abuse, as defined in Section 236.1 of this code or Section 1038.2 of the Evidence Code, shall be notified orally or in writing by the attending law enforcement authority or prosecutor that the victim has the right to have a human trafficking advocate and a support person of the victims choosing present at the interview.(2) At the time the victim is advised of their rights pursuant to paragraph (1), the attending law enforcement authority or prosecutor shall also advise the victim of the right to have a human trafficking advocate and a support person present at an interview by the defense attorney or investigators or agents employed by the defense attorney.(3) This subdivision applies to investigators and agents employed or retained by law enforcement or the prosecutor.(c) An initial investigation by law enforcement to determine whether a crime has been committed and the identity of the suspects does not constitute a law enforcement interview for purposes of this section.
236.21. (a) (1) A victim of human trafficking or abuse, as defined in Section 236.1 of this code or Section 1038.2 of the Evidence Code, has the right to have a human trafficking advocate and a support person of the victims choosing present at an interview by a law enforcement authority, prosecutor, or defense attorney.
(2) Prior to being present at an interview conducted by a law enforcement authority, prosecutor, or defense attorney, a human trafficking advocate shall advise the victim of applicable limitations on the confidentiality of communications between the victim and the human trafficking advocate.
(3) As used in this section, human trafficking advocate means a person employed by an organization specified in Section 1038.2 of the Evidence Code.
(b) (1) Prior to the commencement of the initial interview by a law enforcement authority or a prosecutor pertaining to a criminal action arising out of a human trafficking incident, a victim of human trafficking or abuse, as defined in Section 236.1 of this code or Section 1038.2 of the Evidence Code, shall be notified orally or in writing by the attending law enforcement authority or prosecutor that the victim has the right to have a human trafficking advocate and a support person of the victims choosing present at the interview.
(2) At the time the victim is advised of their rights pursuant to paragraph (1), the attending law enforcement authority or prosecutor shall also advise the victim of the right to have a human trafficking advocate and a support person present at an interview by the defense attorney or investigators or agents employed by the defense attorney.
(3) This subdivision applies to investigators and agents employed or retained by law enforcement or the prosecutor.
(c) An initial investigation by law enforcement to determine whether a crime has been committed and the identity of the suspects does not constitute a law enforcement interview for purposes of this section.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 2.
It is the intent of the Legislature to enact legislation creating a data-informed, evidence-based estimate of the prevalence of human trafficking in California in order to support early identification and prevention of new trafficking cases.