Initiative
This ballot initiative would strengthen California’s human trafficking laws by:
Increasing deterrent against traffickers
- Increased penalties and fines, and potential additional fine (Sec. 4 and 7).
Making it easier for District Attorneys to prosecute human trafficking offenses
- Lower standard of proof for sex trafficking of minors (Sec. 4).
- Clearer definition of human trafficking offense through inclusion of psychological coercion into potential elements of offense (Sec. 7).
Providing more protection and provisions for human trafficking victims
- Greater evidentiary protections for human trafficking victims in criminal justice system (Sec. 2).
- Longer timeframe for human trafficking victims to bring civil suit against trafficker (Sec. 1).
- Greater allocation of certain seized assets and fines to organizations that serve human trafficking victims (Sec. 3 and 7).
Requiring that law enforcement officers be trained about human trafficking.
- Mandatory two-hour human trafficking training for law enforcement officers (Sec. 8).
HOW TO READ THE INITIATIVE
Like all legal documents, this one isn’t written like a novel. If you’re so motivated, here are some tips to read it:
- The initiative has 9 parts (SEC). The heading of each part tells whether it’s an amendment (change) to existing statutes or an addition.
- For amendments, strikethrough means remove from current statute and underline means add. Simple? One except is SEC 7 which introduces a new Chapter 10 Human Trafficking to the California Penal Codes. Since the entire SEC 7 is new, no underlining is needed.
- Structure order is Civil Codes, Evidence Codes, and then Penal Codes by section #.
- SEC 4, 5, and 6 will go under the newly created Chapter 10 Human Trafficking.
- Start your reading with SEC 7 – 250 (“the soap box”) gives the reasons behind the entire initiative. 251 is definitions, 252 (in SEC 4) defines human trafficking and the penalty/fine, 253 is additional fine that can be imposed to fund victim services, 254 deals with illegally restricting someone’s liberty by unauthorized removal of their legal documents, 255 is enhanced penalty for great bodily injury, 256 is repeat offender penalty, 257 (SEC 5) tells law officers to be on the lookout for signs of trafficking , and finally 258 (SEC 6) is instruction for paperwork to identify a victim of trafficking.
The full text of the initiative is available with each petition.
