California 2009-2010 Regular Session Status: Enacted

AB 17 — Human trafficking.

Last action — Chaptered by Secretary of State - Chapter 211, Statutes of 2009.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 01, 2008. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 211, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 2:45 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 77. Noes 0. Page 2924.)

  5. Assembly Rule 77 suspended. (Page 2889.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 3 pursuant to Assembly Rule 77.

  7. Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 36. Noes 0. Page 2023.)

  8. Ordered to Special Consent Calendar.

  9. Read second time. To third reading.

  10. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  11. Read second time, amended, and re-referred to Com. on APPR.

  12. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 14).

  13. In committee: Hearing postponed by committee.

  14. In committee: Hearing postponed by committee.

  15. Referred to Com. on PUB. S.

  16. In Senate. Read first time. To Com. on RLS. for assignment.

  17. Read third time. Urgency clause adopted. Passed and to Senate. (Ayes 77. Noes 0. Page 2027.)

  18. Read third time, amended, and returned to third reading. (Page 1941.).

  19. Read second time. To third reading.

  20. Read second time and amended. Ordered returned to second reading.

  21. From committee: Amend, and do pass as amended. (Ayes 17. Noes 0.) (May 28).

  22. In committee: Set, first hearing. Referred to APPR. suspense file.

  23. Re-referred to Com. on APPR.

  24. Read second time and amended.

  25. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 28).

  26. Re-referred to Com. on PUB. S.

  27. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  28. In committee: Set, first hearing. Hearing canceled at the request of author.

  29. Referred to Com. on PUB. S.

  30. From printer. May be heard in committee January 1.

  31. Read first time. To print.

Sponsors

  • Swanson · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Swanson

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 17 SWANSON Concurrence in Senate Amendments

Passed 89 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 83002
Democratic 3000
Republican 3000
Total 89002
% of votes cast 98%0%0%2%
How each member voted (91)
Member Party Vote
Eng — Yea
Evans — Yea
Fuentes — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Tom — Yea
Furutani — Yea
Galgiani — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Cook — Yea
Duvall — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Hagman — Yea
Hall — Not Voting
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Krekorian — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Bass — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Harkey — Yea
Hill — Yea
Jeffries — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Coto — Yea
Feuer — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Fuller — Yea
Garrick — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Special Consent #17 AB17 Swanson

Passed 37 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 35003
Democratic 1001
Republican 1000
Total 37004
% of votes cast 90%0%0%10%
How each member voted (41)
Member Party Vote
Yee — Yea
Cedillo — Yea
Hancock — Yea
Corbett — Yea
Cox — Yea
Kehoe — Yea
Leno — Yea
McLeod — Yea
Pavley — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Benoit — Yea
Ducheny — Yea
Dutton — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Harman — Not Voting
Ashburn — Not Voting
Aanestad — Yea
Alquist — Yea
Hollingsworth — Yea
Huff — Yea
Liu — Yea
Maldonado — Yea
Oropeza — Yea
Romero — Yea
Wyland — Yea
Cogdill — Yea
Correa — Yea
DeSaulnier — Not Voting
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

AB 17 SWANSON Third Reading Urgency

Passed 89 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 83003
Democratic 3000
Republican 3000
Total 89003
% of votes cast 97%0%0%3%
How each member voted (92)
Member Party Vote
Hagman — Yea
Eng — Yea
Feuer — Yea
Charles — Yea
Fuentes — Yea
Fuller — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hernandez — Yea
Hill — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Duvall — Yea
Huffman — Yea
Jeffries — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Price — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Bill — Yea
Tom — Yea
Ammiano — Yea
Beall — Yea
Furutani — Not Voting
Bass — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Anderson — Yea
Blakeslee — Yea
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Villines — Yea
Emmerson — Yea
Evans — Yea
Davis — Yea
DeVore — Yea
Yamada — Not Voting
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Democratic 1000
Republican 1000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Charles — Yea
Fuentes — Yea
De — Yea
Leon — Yea
Hall — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Ammiano — Yea
Duvall — Yea
Krekorian — Yea
Miller — Yea
Price — Yea
Torlakson — Yea
Harkey — Yea
Nielsen — Yea
Skinner — Yea
Solorio — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 17 do?
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.
Who sponsors AB 17?
AB 17 is sponsored by Swanson.
What is the current status of AB 17?
This bill has been enacted into law. Introduced December 01, 2008. Enacted.
Where can I track AB 17?
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