Legislation Update

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Legislation Update 2017-11-07T17:01:21+00:00

Please note each bill’s interpersonal violence area of focus indicated below:

HT = Human Trafficking, DV = Domestic Violence, SA = Sexual Assault

Updated: 11/7/17

Recently Signed Legislation

AB 260 (HT) – This bill would require hotels, motels, and bed and breakfast inns, as defined, not including personal residences, to post the mandated (though SB 1193) notice relating to slavery and human trafficking, as specified. For more information, click here.

AB 264 (DV) – This bill expands a court’s authority to issue a post-conviction restraining order at the time of sentencing.  Currently, this is available for victims of domestic violence and certain sex offenses.  AB 264 expands the statute to include victims of gang-related crimes, as well as percipient witnesses of any of the covered offenses. For more information, click here.

AB 326 (DV) (SA) (HT) – This bill empowers the Board of Barbering and Cosmetology to promote awareness of physical and sexual abuse among their clients. For more information, click here.

AB 459 (SA) (DV) – This bill restricts (under the California Public Records Act) public disclosure of a video or audio recording help by law enforcement that depicts a victim of sexual or domestic violence, and requires that the victim family be given access to a copy of the recording. For more information, click here.

AB 539 – This bill authorizes the issuance of a search warrant for misdemeanor invasion of privacy violations under PC 647j(1)-(3). For more information, click here.

AB 557 (DV) – This bill authorizes, as of July 1, 2018, applicants for and recipients of California Work Opportunity and Responsibility to Kids (CalWORKs) benefits who have experienced domestic violence to be eligible for CalWORKs homeless assistance and good-cause exemptions from school participation and immunization requirements under specified circumstances. For more information, click here.

AB 643 (SA) (DV) – This bill requires information about teen relationship abuse and intimate partner violence to also include the early warning signs thereof. For more information, click here.

AB 953 (SA) (DV)  – This bill allows a court to make information about a minor contained in a civil harassment or domestic violence protective order confidential, subject to a balancing test. For more information, click here.

AB 1227 (HT) – Under the current California Healthy Youth Act sexual health educational instruction includes, among other things, information about sexual harassment, sexual assault, adolescent relationship abuse, intimate partner violence, and sex trafficking. This bill would require that instruction to additionally include information about sexual abuse and to include information about human trafficking instead of sex trafficking. For more information, click here.

SB 204 (DV) – This bell enacts Uniform Recognition and Enforcement of Canadian Domestic Violence Protection Orders Act, which authorizes the enforcement of valid Canadian domestic violence protection orders in a tribula of this state under certain conditions. For more information, click here.

SB 225 (HT) – This bill would require the human trafficking notice (that specific business are mandated to post through Sb 1193) to specify that a person can also text a specified number of services and support and would revise the names of the nonprofit organizations listed in the notice. The bill, by January 1, 2019, would also require the department to revise and update the notice, as specified. For more information, click here.

SB 230 (HT) – This bill amends Evidence Code section 1108 to include human trafficking under PC 236.1(b) or (c) in the definition of “sexual offense” for purposes of the exception to the rule against character evidence. For more information, click here.

SB 331 (DV) – This bill expands the definition of a “domestic violence victim services organization” for the purposed of the domestic violence victim-counselor evidentiary privilege. For more information, click here.

SB 384 (SB 421) (SA) – This bill creates a tiered registry for sex offenders so that people will be required to register for 10 years, 20 years or lifetime depending on the conviction offense. For more information, click here.

SB 500 (SA) – This bill expands the definition of “consideration” in the existing extortion statutes (PC 518 et seq) to include sexual conduct and images, but also clarifies that it is not extortion for someone under 18 years old to extort sexual conduct or images. For more information, click here.

SB 597 (DV) (SA) (HT) – Current law authorizes victims of domestic violence, sexual assault, or stalking to complete an application to be approved by the Secretary of State for the purpose of enabling state and local agencies to respond to requests for public records without disclosing a program participant’s residence address contained in any public record and otherwise provide for confidentiality of identity for that person, subject to specified conditions. This bill would make this program available to a victim of human trafficking, as defined. The bill would also make the program available to household members, as defined, of a victim of domestic violence, sexual assault, stalking, or human trafficking, excluding the perpetrator, if applicable. For more information, click here.

California State Continuing Bills (taken up again in January 2018):

AB 371 (HT) – This bill would make it a crime to contact or communicate with a minor, or attempt to contact or communicate with a minor, as specified, with the intent to commit human trafficking of the minor. By expanding the definition of a crime, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. For more information, click here

AB 704 (DV) (HT) – This bill would authorize a county to establish a domestic violence multidisciplinary personnel team and a human trafficking multidisciplinary personnel team to allow agencies to share confidential information in order to investigate reports of suspected crimes. This bill would authorize members of those multidisciplinary personnel teams to disclose to one another information and records that are relevant to the prevention, identification, or treatment of those crimes. For more information, click here

AB 815 (HT) –  This bill would require the Labor Commissioner to ensure that the Division of Labor Standards Enforcement office in Fresno (Department of Industrial Relations, Farm Labor Contractor Special Enforcement Unit) has sufficient resources for those examinations, licensing, and complaint processing purposes in relation to farm labor contractors. For more information, click here

AB 929 (DV) – This bill would clarify that a court must consider all documented evidence of any history of domestic violence, between the parties or perpetrated by either party against either party’s child when deciding whether to order spousal support. For more information, click here

AB 1268 (DV) (SA) – Would establish the Domestic Violence and Sexual Assault Prevention Fund to provide grants to non-profit organizations for the purpose of funding programs that incorporate comprehensive, evidence-based, and promising practices to prevent domestic violence and sexual assault. For more information, click here

AB 1402 (HT) – This bill would make the prohibitions on prostitution and related offenses applicable to a person under 18 years of age. By expanding the application of those crimes to those persons, this bill would impose a state-mandated local program. The bill would also make a technical nonsubstantive change to one of those provisions.This bill contains other related provisions and other existing laws. For more information, click here

SB 10 (DV) (SA) (HT) – This bill would revise the pretrial system by limiting pretrial detention to specified persons, eliminating the use of bail schedules, and establish pretrial services agencies tasked with conducting a risk assessment on arrested persons and preparing reports with recommendations for conditions of release. For more information, click here

SB 270 (HT) – This bill would require a hotel or motel that provides lodging services in the state to train its employees who are likely to interact or come into contact with victims of human trafficking in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency, as specified. The bill would prescribe certain characteristics that the training program is required to have and require it to be approved by the Department of Justice. For more information, click here

SB 767 (HT) – Current law prohibits an application for a claim for compensation submitted by a victim of human trafficking from being denied solely because a police report was not made by the victim and requires the California Victim Compensation Board to consider and approve applications for assistance based on human trafficking relying upon evidence other than a police report to establish that a human trafficking crime has occurred. Current law permits that evidence to include any reliable corroborating information approved by the board. This bill would also authorize, as reliable corroborating information approved by the board, the inclusion of evidence that a county child welfare caseworker who provides child welfare services has attested by affidavit that the individual was a victim of human trafficking. For more information, click here

Federal Ongoing Bills:

SB 1693 and  HR 1865 (HT) – These bills would amend the Communications Act of 1934 to specify that communications decency provisions protecting providers from liability for the private blocking or screening of offensive material shall not be construed to impair the enforcement of, or limit availability of victim restitution or civil remedies under, state or federal criminal or civil laws relating to sex trafficking of children or sex trafficking by force, fraud, or coercion. The bills amend the federal criminal code to specify that the violation for benefiting from “participation in a venture” engaged in sex trafficking of children, or by force, fraud, or coercion, includes knowing conduct by any person or entity by any means that assists, supports, or facilitates the violation.

Click below for more information on each bill:

SB1693 & HR 1865