AB 379 reinforces existing legal frameworks while establishing new penalties for loitering with the intent to purchase commercial sex. Specifically, it categorizes such loitering as a misdemeanor, punishable by a fine of $1,000. The bill also creates the Survivor Support Fund, where penalties collected will be deposited to support community-based organizations that assist victims of sex trafficking and exploitation. This financing mechanism intends to broaden the state's resources in addressing human trafficking-related offenses and supporting survivor services effectively.
Assembly Bill 379, introduced by Assembly Members Schultz and Nguyen, aims to amend existing laws related to prostitution in California. The bill stipulates that individuals who engage in prostitution with the intent to receive compensation will be offered diversion programs for their first two offenses, aiming to redirect them towards rehabilitation rather than punishment. This initiative aligns with the legislature's expressed intent to avoid criminalizing victims of human trafficking, underscoring the importance of addressing underlying issues and providing educational resources related to the exploitation of individuals involved in commercial sex.
The sentiment surrounding AB 379 is largely supportive among advocacy groups focused on human rights and victim support, as it emphasizes rehabilitation over punitive measures for individuals seeking to escape cycles of exploitation. However, some concerns have been raised about the effectiveness of diversion programs and whether they sufficiently address the needs of victims. Proponents argue that the incorporation of educational programs on human trafficking will better equip offenders to understand the repercussions of their actions and potentially decrease repeat offenses.
A point of contention in AB 379 is the implementation of increased fines for businesses or establishments failing to comply with the regulations aimed at combatting human trafficking—specifically increasing civil penalties for subsequent offenses from $500 to $2,000. Critics suggest that this may place an undue financial burden on small business owners while attempting to enforce compliance. Furthermore, the requirement for the California Victim Compensation Board to convene and oversee programs introduces additional layers of bureaucracy that some fear could hinder effective aid to victims if not managed appropriately.