California 2021-2022 Regular Session Status: Enacted Bipartisan · 3 R · 1 D cosponsors

AB 1788 — Sex trafficking: hotels: actual knowledge or reckless disregard: civil penalty.

Last action — Chaptered by Secretary of State - Chapter 760, Statutes of 2022.

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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 03, 2022. Enacted.

Prognosis

Likely to advance 96% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    1 primary, 4 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (3 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 7 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 requires hotels, as defined, to provide at least 20 minutes of training to their staff on how to recognize human trafficking as it pertains specifically to the hotel sector. Existing law does not create liability against a hotel or its employees for the lack of reporting a human trafficking case. This bill would allow civil penalties to be imposed against a hotel, as defined, if a supervisory employee, as defined, of the hotel knew of or acted with reckless disregard of the activity constituting sex trafficking activity, as defined, that occurred within the hotel and failed to inform law enforcement, the National Human Trafficking Hotline, or another appropriate victim service organization, as specified, or if any employee of that hotel was acting within the scope of employment and knowingly benefited from participating in a venture that the employee knew, or acted in reckless disregard of the activity constituting sex trafficking activity within the hotel. This bill would authorize a city, county, or city and county attorney to seek equitable relief against a hotel, and to seek a civil penalty of $1,000 for the first violation, $3,000 for a 2nd violation within the same calendar year, and $5,000 for a 3rd and any subsequent violation of sex trafficking within the same calendar year. The bill would authorize a court to consider specified factors and exercise its discretion to increase the amount of the civil penalty, not to exceed $10,000, for any 4th or subsequent violation. The bill would require that the action be commenced within 5 years of the violation, or within 5 years of the date the victim attains the age of majority.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 760, Statutes of 2022.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 1.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 2.).

  7. Read second time. Ordered to third reading.

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

  9. Read second time. Ordered to third reading.

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

  11. From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 11).

  12. In committee: Referred to suspense file.

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

  14. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 8).

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

  16. Referred to Coms. on JUD. and APPR.

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

  18. Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 0. Page 4112.)

  19. Read second time. Ordered to third reading.

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

  21. From committee: Amend, and do pass as amended. (Ayes 9. Noes 0.) (March 22).

  22. In committee: Hearing postponed by committee.

  23. Referred to Com. on JUD.

  24. From printer. May be heard in committee March 6.

  25. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 4 co-sponsors · 117 not signed on · 2 voted No

Sponsors (1)

  • Cunningham

Co-sponsors (4)

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"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 1788 Cunningham Concurrence in Senate Amendments

Passed 77 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 29102
Unaffiliated 39000
Republican 9000
Total 77102
% of votes cast 96%1%0%3%
How each member voted (80)
Member Party Vote
Bloom — Yea
Mullin — Yea
Holden — Yea
Jones-Sawyer — Yea
Wood — Yea
Smith — Yea
Cunningham — Yea
Cooper — Yea
Voepel — Yea
Cooley — Yea
Maienschein — Yea
Rodriguez — Yea
Kiley — Yea
Nazarian — Yea
Ting — Yea
O'Donnell — Yea
Waldron — Yea
Medina — Yea
McCarty — Yea
Friedman — Yea
Bigelow — Yea
Rendon — Yea
Villapudua — Yea
Salas — Yea
Quirk — Yea
Low — Yea
Levine — Yea
Daly — Yea
Gray — Yea
Mathis — Yea
Santiago — Yea
Mayes — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Not Voting
Bryan, Isaac G. Democratic Not Voting
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Nay
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

3rd Reading AB1788 Cunningham et al. By Wilk

Passed 32 Yea · 2 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 11101
Unaffiliated 17105
Republican 4000
Total 32206
% of votes cast 80%5%0%15%
How each member voted (40)
Member Party Vote
Borgeas — Yea
Glazer — Yea
Pan — Yea
Portantino — Yea
Hertzberg — Yea
Atkins — Yea
Rubio — Yea
Min — Yea
Wilk — Yea
Roth — Yea
Hueso — Yea
Melendez — Yea
Dodd — Yea
Gonzalez — Yea
Bates — Yea
Leyva — Yea
Nielsen — Yea
Kamlager — Nay
Skinner — Not Voting
Bradford — Not Voting
Eggman — Not Voting
Wieckowski — Not Voting
Newman — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Not Voting
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Nay
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass as amended

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 4000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Portantino — Yea
Bradford — Yea
Wieckowski — Yea
Bates — Yea
Laird, John Democratic Yea
McGuire, Mike Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Placed on suspense file

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 1000
Democratic 0001
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Bates — Yea
Bradford — Yea
Kamlager — Yea
Portantino — Yea
Laird, John Democratic Not Voting
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]

Passed 6 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 3001
Republican 1000
Democratic 2103
Total 6104
% of votes cast 55%9%0%36%
How each member voted (11)
Member Party Vote
Borgeas — Yea
Hertzberg — Yea
Gonzalez — Yea
Wieckowski — Not Voting
Caballero, Anna M. Democratic Not Voting
Durazo, Maria Elena Democratic Not Voting
Laird, John Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Nay
Jones, Brian W. Republican Yea

Official roll call →

AB 1788 Cunningham Assembly Third Reading

Passed 65 Yea · 0 Nay · 11 Other
Party YeaNayPresentNot Voting
Democratic 23005
Unaffiliated 33006
Republican 9000
Total 650011
% of votes cast 86%0%0%14%
How each member voted (76)
Member Party Vote
Bloom — Yea
Friedman — Yea
Cunningham — Yea
Cooper — Yea
Gray — Not Voting
Jones-Sawyer — Not Voting
Rodriguez — Not Voting
Nazarian — Not Voting
Medina — Not Voting
Villapudua — Not Voting
Voepel — Yea
Cooley — Yea
Mathis — Yea
Bigelow — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Salas — Yea
Santiago — Yea
Maienschein — Yea
Quirk — Yea
Wood — Yea
Kiley — Yea
Mayes — Yea
Ting — Yea
Low — Yea
Levine — Yea
O'Donnell — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Smith — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Not Voting
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Lee, Alex Democratic Not Voting
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Not Voting
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Not Voting
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 1788 do?
Existing law requires hotels, as defined, to provide at least 20 minutes of training to their staff on how to recognize human trafficking as it pertains specifically to the hotel sector. Existing law does not create liability against a hotel or its employees for the lack of reporting a human trafficking case. This bill would allow civil penalties to be imposed against a hotel, as defined, if a supervisory employee, as defined, of the hotel knew of or acted with reckless disregard of the activity constituting sex trafficking activity, as defined, that occurred within the hotel and failed to inform law enforcement, the National Human Trafficking Hotline, or another appropriate victim service organization, as specified, or if any employee of that hotel was acting within the scope of employment and knowingly benefited from participating in a venture that the employee knew, or acted in reckless disregard of the activity constituting sex trafficking activity within the hotel. This bill would authorize a city, county, or city and county attorney to seek equitable relief against a hotel, and to seek a civil penalty of $1,000 for the first violation, $3,000 for a 2nd violation within the same calendar year, and $5,000 for a 3rd and any subsequent violation of sex trafficking within the same calendar year. The bill would authorize a court to consider specified factors and exercise its discretion to increase the amount of the civil penalty, not to exceed $10,000, for any 4th or subsequent violation. The bill would require that the action be commenced within 5 years of the violation, or within 5 years of the date the victim attains the age of majority.
Who sponsors AB 1788?
AB 1788 is sponsored by Cunningham, Valladares, Suzette Martinez (Republican), Davies, Laurie (Republican), Lackey, Tom (Republican), and Muratsuchi, Al (Democratic).
What is the current status of AB 1788?
This bill has been enacted into law. Introduced February 03, 2022. Enacted.
Where can I track AB 1788?
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