California AB 379

Under existing law, a person who solicits, or who agrees to engage in, or who engages in, any act of prostitution is guilty of disorderly conduct, a misdemeanor. Under existing law, if the person solicited was under 16 years of age, or if the person solicited was under 18 years of age at the time of the offense and the person solicited was a victim of human trafficking, the offense is punishable as a misdemeanor by imprisonment in the county jail for not more than one year and a fine not to exceed $10,000 or as a felony by imprisonment in the county jail for 16 months or 2 or 3 years. This bill would additionally make that increased punishment applicable if the solicited minor was more than 3 years younger than the defendant at the time of the offense. The bill would require a defendant subject to that increased punishment, if granted probation, to successfully complete an education program on human trafficking and the exploitation of children, as specified. The bill would make it a misdemeanor for any person to loiter in any public place with the intent to purchase commercial sex, as specified. The bill would make any person who violates that crime or who commits prostitution in exchange for providing compensation, money, or anything of value to the other person subject to an additional fine of $1,000, and would establish the Survivor Support Fund and require that additional fine be deposited in the fund. The bill would require the California Victim Compensation Board to establish a grant program to provide grants to community-based organizations that provide direct services and outreach to victims of sex trafficking and exploitation, and would, upon appropriation by the Legislature, authorize moneys in the Survivor Support Fund to be used for the purposes of that grant program. By creating a new crime and increasing the punishment of a crime, this bill would impose a state-mandated local program. Existing law requires specified businesses and other establishments, including, among others, airports, intercity passenger rail or light rail stations, bus stations, facilities that provide pediatric care, and truck stops, to post a notice, as developed by the Department of Justice, that contains information relating to slavery and human trafficking, including information regarding specified nonprofit organizations that a person can call for services or support in the elimination of slavery and human trafficking. Existing law makes a business or establishment that fails to comply with the requirements of these provisions liable for a civil penalty of $500 for a first offense, and $1,000 for each subsequent offense. This bill would increase that civil penalty to $1,000 for a first offense, and $2,000 for each subsequent offense. The bill would require these fines to be deposited in the Survivors Support Fund. Existing law allows 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. Existing law authorizes 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. Existing law authorizes 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. This bill would additionally authorize the attorney general to enforce these provisions. The bill would increase the penalty for a violation of these provisions to $3,000 for a first violation, $10,000 for a 2nd violation within a 24-month period of time, and $15,000 for the third and any subsequent violation within a 24-month period of time. The bill would authorize the court to increase the amount of the civil penalty in an amount not to exceed $40,000 for a 4th or subsequent violation. The bill would require fines collected pursuant to these provisions to be deposited in the Survivors Support Fund. Existing law establishes the Office of Emergency Services, which is required to, among other things, allocate and award funds to communities developing and providing ongoing citizen involvement and crime resistance programs. This bill would require the office, to the extent funds are available for this purpose, to allocate and award funds to up to 11 district attorney offices that employ a vertical prosecution methodology for the prosecution of human trafficking crimes and that meet other specified criteria, including minimum staffing levels for the program. The bill would require the office, on or before January 1, 2028, to submit to the Legislature and the office of the Governor a report that describes the counties that received funding pursuant to this program, the number of prosecutions for human trafficking cases filed by the counties receiving funding, the number of human trafficking convictions obtained by those counties, and the sentences imposed for human trafficking crimes in those counties. 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.