California 2011-2012 Regular Session Status: Enacted

AB 2212 — Human trafficking: civil penalties.

Last action — Chaptered by Secretary of State - Chapter 254, Statutes of 2012.

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  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 February 24, 2012. 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

Under existing law, a person who deprives or violates the personal liberty of another with the intent to effect or maintain a felony violation of specified sexual crimes, such as rape or pandering, or to obtain forced labor or services, is guilty of human trafficking, which is a felony punishable by imprisonment in the state prison for 3, 4, or 5 years. Existing law classifies a building or place used for the purpose of illegal gambling, lewdness, assignation, or prostitution, and every building or place in or upon which acts of illegal gambling, lewdness, assignation, or prostitution, are held or occur, as a nuisance, which shall be enjoined, abated, and prevented, and for which damages may be recovered through a prescribed process. Civil penalties recovered through this process are divided between the Restitution Fund in the State Treasury and either the city attorney and city prosecutor or the district attorney, depending on who brought the action. This bill would classify a building or place used for the purpose of, or in or upon which are held or occur acts of, human trafficking as a public nuisance. The bill would divide civil penalties collected through the nuisance provisions, in cases of human trafficking, between the Victim-Witness Assistance Fund, to be available upon appropriation by the Legislature to the California Emergency Management Agency to fund grants for human trafficking victim services and prevention programs, and the city attorney and city prosecutor or district attorney. Existing law authorizes a court to award costs, including the costs of investigation and discovery, and reasonable attorney's fees to the prevailing party in cases in which a governmental agency seeks to enjoin the use of a building or place for, or to enjoin acts of, illegal gambling, lewdness, assignation, or prostitution. The bill would make that provision applicable to cases in which a governmental agency seeks to enjoin the use of a building or place for, or to enjoin acts of, human trafficking.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 254, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 5 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 5908.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 4 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 4223.).

  7. Ordered to special consent calendar.

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 7. Noes 0.) (June 19).

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

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

  12. Referred to Com. on PUB. S.

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

  14. Read third time. Passed. Ordered to the Senate. (Ayes 71. Noes 0. Page 4491.)

  15. Read second time. Ordered to consent calendar.

  16. From committee: Do pass. To consent calendar. (Ayes 10. Noes 0.) (April 17).

  17. From committee: Do pass and re-refer to Com. on JUD. with recommendation: to consent calendar. (Ayes 5. Noes 0.) (April 10). Re-referred to Com. on JUD.

  18. Referred to Coms. on PUB. S. and JUD.

  19. Read first time.

  20. From printer. May be heard in committee March 27.

  21. Introduced. To print.

Sponsors

  • Block · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Block

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 2212 BLOCK Concurrence in Senate Amendments

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 73004
Republican 2000
Democratic 1000
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Yea
Butler — Yea
Feuer — Yea
Carter — Yea
Cedillo — Yea
Fong — Yea
Alejo — Yea
Cook — Yea
Allen — Yea
Yamada — Yea
Fuentes — Yea
Furutani — Yea
Garrick — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Gatto — Yea
Fletcher — Yea
Gorell — Yea
Campos — Yea
Halderman — Not Voting
Bonilla — Yea
Atkins — Yea
Hall — Yea
Hayashi — Yea
Huber — Yea
Beall — Yea
Chesbro — Yea
Conway — Yea
Davis — Yea
Donnelly — Yea
Hueso — Yea
Huffman — Yea
Jeffries — Yea
Lara — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Morrell — Yea
Nestande — Yea
Norby — Yea
Pan — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Valadao — Not Voting
Wagner — Yea
Williams — Yea
Achadjian — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Knight — Yea
Ma — Yea
Mansoor — Yea
Monning — Yea
Nielsen — Yea
Olsen — Yea
Perea — Not Voting
Smyth — Yea
Torres — Yea
Wieckowski — Yea
Eng — Yea
Dickinson — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Special Consent #14 AB2212 Block By Liu

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Republican 1000
Democratic 2000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Lowenthal — Yea
De León — Yea
Evans — Yea
Negrete McLeod — Yea
Fuller — Yea
Rubio — Yea
Cannella — Yea
Runner — Not Voting
Harman — Yea
Huff — Yea
Corbett — Yea
Anderson — Yea
Blakeslee — Yea
Correa — Yea
Dutton — Yea
Leno — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Hernandez — Yea
Kehoe — Yea
Lieu — Yea
Pavley — Yea
Steinberg — Yea
Vargas — Yea
Walters — Yea
Emmerson — Not Voting
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 6000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Hancock — Yea
Harman — Yea
Anderson — Yea
Liu — Yea
Price — Yea
Steinberg — Yea
Calderon, Lisa Democratic Yea

Official roll call →

AB 2212 BLOCK Consent Calendar Second Day

Passed 71 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 69008
Republican 2000
Democratic 0001
Total 71009
% of votes cast 89%0%0%11%
How each member voted (80)
Member Party Vote
Gorell — Yea
Halderman — Yea
Feuer — Yea
Fuentes — Yea
Galgiani — Yea
Butler — Yea
Gatto — Yea
Gordon — Yea
Hagman — Yea
Fong — Yea
Carter — Yea
Allen — Yea
Harkey — Yea
Hayashi — Yea
Conway — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Blumenfield — Yea
Cook — Yea
Hill — Yea
Hueso — Yea
Huffman — Yea
Knight — Yea
Logue — Yea
Nielsen — Yea
Olsen — Yea
Silva — Yea
Swanson — Yea
Valadao — Yea
Wagner — Yea
Campos — Yea
Bonilla — Yea
Atkins — Yea
Furutani — Not Voting
Fletcher — Not Voting
Hall — Yea
Lara — Yea
Cedillo — Not Voting
Chesbro — Yea
Donnelly — Yea
Miller — Yea
Morrell — Yea
Nestande — Not Voting
Pan — Yea
Solorio — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Bradford — Yea
Brownley — Not Voting
Buchanan — Yea
Huber — Yea
Jeffries — Yea
Ma — Yea
Mansoor — Yea
Mendoza — Yea
Monning — Yea
Norby — Not Voting
Perea — Yea
Skinner — Yea
Smyth — Not Voting
Torres — Yea
Williams — Yea
Eng — Yea
Davis — Not Voting
Dickinson — Yea
Yamada — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Republican 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Gorell — Yea
Feuer — Yea
Atkins — Yea
Huber — Yea
Wagner — Yea
Wieckowski — Yea
Alejo — Yea
Monning — Yea
Dickinson — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 2212 do?
Under existing law, a person who deprives or violates the personal liberty of another with the intent to effect or maintain a felony violation of specified sexual crimes, such as rape or pandering, or to obtain forced labor or services, is guilty of human trafficking, which is a felony punishable by imprisonment in the state prison for 3, 4, or 5 years. Existing law classifies a building or place used for the purpose of illegal gambling, lewdness, assignation, or prostitution, and every building or place in or upon which acts of illegal gambling, lewdness, assignation, or prostitution, are held or occur, as a nuisance, which shall be enjoined, abated, and prevented, and for which damages may be recovered through a prescribed process. Civil penalties recovered through this process are divided between the Restitution Fund in the State Treasury and either the city attorney and city prosecutor or the district attorney, depending on who brought the action. This bill would classify a building or place used for the purpose of, or in or upon which are held or occur acts of, human trafficking as a public nuisance. The bill would divide civil penalties collected through the nuisance provisions, in cases of human trafficking, between the Victim-Witness Assistance Fund, to be available upon appropriation by the Legislature to the California Emergency Management Agency to fund grants for human trafficking victim services and prevention programs, and the city attorney and city prosecutor or district attorney. Existing law authorizes a court to award costs, including the costs of investigation and discovery, and reasonable attorney's fees to the prevailing party in cases in which a governmental agency seeks to enjoin the use of a building or place for, or to enjoin acts of, illegal gambling, lewdness, assignation, or prostitution. The bill would make that provision applicable to cases in which a governmental agency seeks to enjoin the use of a building or place for, or to enjoin acts of, human trafficking.
Who sponsors AB 2212?
AB 2212 is sponsored by Block.
What is the current status of AB 2212?
This bill has been enacted into law. Introduced February 24, 2012. Enacted.
Where can I track AB 2212?
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Last checked for changes 3 months ago · updated continuously

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