California 2011-2012 Regular Session Status: Enacted

AB 90 — Human trafficking: minors.

Last action — Chaptered by Secretary of State - Chapter 457, Statutes of 2011.

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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 January 06, 2011. Enacted.

Prognosis

Likely to advance 80% · 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.

  • 10 sponsors

    1 primary, 9 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 and proceeds acquired through 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, including human trafficking. This bill would include within the definition of criminal profiteering activity any crime in which the perpetrator induces, encourages, or persuades, or causes through force, fear, coercion, deceit, violence, duress, menace, or threat of unlawful injury to the victim or to another person, a person under 18 years of age to engage in a commercial sex act. Under existing law, 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. This bill would include the proceeds from any case in which the perpetrator induces, encourages, or persuades, or causes through force, fear, coercion, deceit, violence, duress, menace, or threat of unlawful injury to the victim or to another person, a person under 18 years of age to engage in a commercial sex act, to 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, as specified. By expanding the scope of an existing crime, 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 457, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 2716.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 31 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 2082.).

  7. Read second time and amended. Ordered to third reading.

  8. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.

  9. Read second time and amended. Re-referred to Com. on APPR.

  10. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 5).

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

  13. Referred to Com. on PUB. S.

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

  15. Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1637.)

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 17. Noes 0.) (May 27).

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

  19. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 26). Re-referred to Com. on APPR.

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

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

  22. Referred to Com. on PUB. S.

  23. From printer. May be heard in committee February 6.

  24. Read first time. To print.

Sponsors

  • Blumenfield · Cosponsor
  • Portantino · Cosponsor
  • Dickinson · Cosponsor
  • Fuller · Cosponsor
  • Gorell · Cosponsor
  • Halderman · Cosponsor
  • Jeffries · Cosponsor
  • Lieu · Cosponsor
  • Ma · Cosponsor
  • Swanson · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 9 co-sponsors · 112 not signed on

Sponsors (1)

  • Swanson

Co-sponsors (9)

  • Blumenfield
  • Portantino
  • Dickinson
  • Fuller
  • Gorell
  • Halderman
  • Jeffries
  • Lieu
  • Ma

Not signed on (112)

112 members have not signed on to this bill.

Show all 112 →

"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 90 SWANSON Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 76001
Democratic 1000
Republican 2000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Hall — Yea
Butler — Yea
Hagman — Yea
Hill — Yea
Hueso — Yea
Jeffries — Yea
Knight — Yea
John A. Pérez — Yea
Mitchell — Yea
Atkins — Yea
Miller — Yea
Pan — Yea
Portantino — Yea
Perea — Yea
Ammiano — Yea
Carter — Yea
Cedillo — Yea
Chesbro — Yea
Donnelly — Yea
Skinner — Yea
Valadao — Yea
Allen — Yea
Bonilla — Yea
Fuentes — Yea
Fong — Yea
Fletcher — Yea
Campos — Yea
Galgiani — Yea
Conway — Yea
Gatto — Yea
Gordon — Yea
Halderman — Yea
Beall — Yea
Block — Yea
Harkey — Yea
Huffman — Yea
Lara — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Olsen — Yea
Smyth — Yea
Solorio — Yea
Torres — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Norby — Yea
Silva — Yea
Swanson — Yea
Wagner — Yea
Williams — Yea
Cook — Yea
Eng — Yea
Feuer — Yea
Davis — Yea
Dickinson — Yea
Furutani — Yea
Garrick — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
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 →

3rd Reading AB90 Swanson By Lieu

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 33004
Democratic 2000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Walters — Yea
Steinberg — Yea
Lowenthal — Yea
Price — Yea
Yee — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Runner — Not Voting
Hancock — Yea
Lieu — Yea
Huff — Yea
Alquist — Yea
Anderson — Yea
Blakeslee — Yea
Harman — Not Voting
Hernandez — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Vargas — Yea
Wolk — Yea
Wright — Not Voting
Cannella — Not Voting
Wyland — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Dutton — Yea
Fuller — 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 →

AB 90 SWANSON Assembly Third Reading

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 76001
Democratic 1000
Republican 2000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Halderman — Yea
Hall — Yea
Yamada — Yea
Feuer — Yea
Garrick — Yea
Hagman — Yea
John A. Pérez — Yea
Mitchell — Yea
Atkins — Yea
Huber — Yea
Butler — Yea
Hueso — Yea
Campos — Yea
Carter — Yea
Portantino — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Cedillo — Yea
Allen — Yea
Ammiano — Yea
Chesbro — Yea
Cook — Yea
Donnelly — Yea
Olsen — Yea
Perea — Yea
Skinner — Yea
Solorio — Yea
Valadao — Yea
Wieckowski — Yea
Bonilla — Yea
Fong — Yea
Fletcher — Yea
Furutani — Yea
Gatto — Yea
Gordon — Yea
Gorell — Not Voting
Conway — Yea
Beall — Yea
Harkey — Yea
Huffman — Yea
Lara — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Swanson — Yea
Torres — Yea
Achadjian — Yea
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hill — Yea
Jeffries — Yea
Knight — Yea
Ma — Yea
Mansoor — Yea
Norby — Yea
Pan — Yea
Silva — Yea
Smyth — Yea
Wagner — Yea
Williams — Yea
Eng — Yea
Davis — Yea
Dickinson — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
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 →

Do pass.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Campos — Yea
Fuentes — Yea
Mitchell — Yea
Hall — Yea
Donnelly — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Norby — Yea
Solorio — Yea
Wagner — Yea
Blumenfield — Yea
Bradford — Yea
Harkey — Yea
Davis — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 90 do?
Existing law, the California Control of Profits of Organized Crime Act, provides the procedure for the forfeiture of property and proceeds acquired through 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, including human trafficking. This bill would include within the definition of criminal profiteering activity any crime in which the perpetrator induces, encourages, or persuades, or causes through force, fear, coercion, deceit, violence, duress, menace, or threat of unlawful injury to the victim or to another person, a person under 18 years of age to engage in a commercial sex act. Under existing law, 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. This bill would include the proceeds from any case in which the perpetrator induces, encourages, or persuades, or causes through force, fear, coercion, deceit, violence, duress, menace, or threat of unlawful injury to the victim or to another person, a person under 18 years of age to engage in a commercial sex act, to 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, as specified. By expanding the scope of an existing crime, 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.
Who sponsors AB 90?
AB 90 is sponsored by Blumenfield, Portantino, Dickinson, Fuller, Gorell, Halderman, Jeffries, Lieu, Ma, and Swanson.
What is the current status of AB 90?
This bill has been enacted into law. Introduced January 06, 2011. Enacted.
Where can I track AB 90?
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