SB 492

Human trafficking

Current law defines trafficking as actually, or attempting the action of,

recruiting, enticing, harboring, transporting, providing, or obtaining an individual

without consent of the individual. This bill eliminates the element that the

individual has not consented. Also, under current law, a person who engages in

trafficking for the purposes of labor, services, or a commercial sex act is guilty of a

felony if the trafficking is done by any specified act, including causing or threatening

to cause harm to any individual; restraining or threatening to restrain any

individual; or controlling any individual's access to an addictive controlled

substance. This bill adds threatening to control any individual's access to an

addictive controlled substance; using any scheme, pattern, or other means to coerce,

threaten, or intimidate any individual; using or threatening to use force or violence

on any individual; and causing or threatening to cause any individual to do any act

against the individual's will or without the individual's consent.

This bill creates a process under which an individual who has been convicted,

adjudicated delinquent, or found not guilty by reason of mental disease or defect for

the crime of prostitution may request a court to vacate the conviction, adjudication,

or finding, or to expunge the record. An individual may follow this process if the

individual was a victim of trafficking, committed the violation as a result of being a

victim, and submits a statement of facts and, if applicable, the reason the individual

failed previously to raise an affirmative defense or otherwise allege that the violation

was a result of being a trafficking victim. The court may comply with the request if

the court, after determining that the individual is qualified, notifies the prosecutor

of the request, gives the prosecutor opportunity to respond, and determines that the

individual will benefit and society will not be harmed.

Under current law, a person who receives compensation from the earnings of

a prostitute is guilty of a Class F felony. This bill adds that a person is guilty of a Class

F felony if the person knowingly receives compensation from the earnings of debt

bondage or from the earnings of sexual contact or intercourse for which anything of

value is given to, promised, or received by any person.

Sex offenses, victims of crimes, and domestic abuse

Under current law, a person who, for purposes of sexual arousal or gratification,

causes a child to expose genitals or pubic area or exposes genitals or pubic area to a

child is, with some exceptions, guilty of a felony. This bill adds the exposure of

"intimate parts," which is defined to include a breast, buttock, anus, or groin of a

human being.

Under current law, if a judge receives a presentence investigation report, the

judge must disclose the contents of the report to the district attorney prior to

sentencing and the district attorney generally must keep the report confidential.

This bill provides the victim the right to view the sentence recommendation on the