Why Did Democrats Block SB14

Why Did Democrats Block SB14

Update: As of 7/13/2023

BREAKING: in forced emergency hearing, the Assembly Public Safety Committee passes SB 14 to make child trafficking a serious felony in California. passes 6-0.

Vote:
Jones-Sawyer Y
Alanis Y
Bonta – not voting
Bryan – not voting
Ortega Y
Lackey Y
Santiago Y
Zbur Y

— Ashley Zavala (@ZavalaA) July 13, 2023

Senate Bill 14

SB 14, or Senate Bill 14, was introduced by Senator Shannon Grove.  It was swiftly blocked by the Assembly Democrats this past week.

SB 14 Proposed Adding Child Trafficking To List of Serious Felonies to 3 Strikes Law

SB 14 adds child trafficking for purposes of a commercial sex act to the list of “serious” felonies subject to enhanced penalties, including under California’s Three Strikes Law.  (The Three Strikes law is codified here, in Penal Code 1192.7.

Existing Law

Currently, what is in the list of “serious felonies” in California?

(1) Murder or voluntary manslaughter; (2) mayhem; (3) rape; (4) sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (5) oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (6) lewd or lascivious act on a child under 14 years of age; (7) any felony punishable by death or imprisonment in the state prison for life; (8) any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm; (9) attempted murder; (10) assault with intent to commit rape or robbery; (11) assault with a deadly weapon or instrument on a peace officer; (12) assault by a life prisoner on a noninmate; (13) assault with a deadly weapon by an inmate; (14) arson; (15) exploding a destructive device or any explosive with intent to injure; (16) exploding a destructive device or any explosive causing bodily injury, great bodily injury, or mayhem; (17) exploding a destructive device or any explosive with intent to murder; (18) any burglary of the first degree; (19) robbery or bank robbery; (20) kidnapping; (21) holding of a hostage by a person confined in a state prison; (22) attempt to commit a felony punishable by death or imprisonment in the state prison for life; (23) any felony in which the defendant personally used a dangerous or deadly weapon; (24) selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug, as described in paragraph (2) of subdivision (d) of Section 11055 of the Health and Safety Code, or any of the precursors of methamphetamines, as described in subparagraph (A) of paragraph (1) of subdivision (f) of Section 11055 or subdivision (a) of Section 11100 of the Health and Safety Code; (25) any violation of subdivision (a) of Section 289 where the act is accomplished against the victim’s will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person; (26) grand theft involving a firearm; (27) carjacking; (28) any felony offense, which would also constitute a felony violation of Section 186.22; (29) assault with the intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220; (30) throwing acid or flammable substances, in violation of Section 244; (31) assault with a deadly weapon, firearm, machinegun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter, in violation of Section 245; (32) assault with a deadly weapon against a public transit employee, custodial officer, or school employee, in violation of Section 245.2, 245.3, or 245.5; (33) discharge of a firearm at an inhabited dwelling, vehicle, or aircraft, in violation of Section 246; (34) commission of rape or sexual penetration in concert with another person, in violation of Section 264.1; (35) continuous sexual abuse of a child, in violation of Section 288.5; (36) shooting from a vehicle, in violation of subdivision (c) or (d) of Section 26100; (37) intimidation of victims or witnesses, in violation of Section 136.1; (38) criminal threats, in violation of Section 422; (39) any attempt to commit a crime listed in this subdivision other than an assault; (40) any violation of Section 12022.53; (41) a violation of subdivision (b) or (c) of Section 11418; and (42) any conspiracy to commit an offense described in this subdivision.

Why is Child Trafficking Not On this List??

Murder. Rape.  Attempted Murder.

Carjacking. Wait, what?

Carjacking in on that list of “serious felonies”.  But child trafficking isn’t?

Something is amiss.  I’ve already sent this inquiry to all my criminal lawyer friends, and none of them know.  So if you guys know anyone who would know why the Democrats blocked this Bill, please tell me!

Researching SB 14

I researched it.  This is what it says on the senate-floor-analyses.

According to the Departments of Justice, human trafficking is among the world’s fastest growing criminal enterprises and is estimated to be a $150 billion-a-year global industry. It is a form of modern day slavery that profits from the exploitation of our most vulnerable populations. One common misperception is that human trafficking requires movement across borders. In reality, it involves controlling a person or group through force, fraud, or coercion to exploit the victims for forced labor, sexual exploitation, or both. This can occur entirely within a single country or it can cross borders. Human trafficking strips victims of their freedom and violates our nation’s promise that every person in the United States is guaranteed basic human rights. It is also a crime. Attorney General’s Office is focused on combating the pervasive issue of human trafficking in California and has made it one of his top priorities.

The International Labor Organization estimates that there are more than 24.9 million human trafficking victims worldwide at any time. This includes 16 million victims of labor exploitation, 4.8 million victims of sexual exploitation, and 4.1 million victims of state imposed forced labor. The victims of human trafficking are often young girls and women. Young girls and women are 57.6% of forced labor victims and 99.4% of sex trafficking victims.

Current Penalty

The current penalty for human trafficking for the purpose of obtaining forced labor or services is imprisonment in state prison for up to 12 years. If the offense involves human trafficking for the purpose of specified sexual conduct, obscene matter or extortion, the punishment proscribed is up to 20 years imprisonment in state prison. If the offense involves causing a minor to engage in a commercial sex act, the penalty imposed may be 15-years to life. (Pen. Code, § 236.1.) The court may also impose up
to a $1.5 million fine on a person convicted of human trafficking. (Pen. Code §§ 236.1 and 236.4.)

A person convicted of human trafficking for sexual conduct is also required to register as a sex offender. (Pen. Code, § 290, subd. (c).) Any property of money used to facilitate human trafficking is subject to seizure. (Pen. Code, § 236.8.) If great bodily injury is inflicted on the victim to commit the human trafficking crime, an enhancement adding 5, 7, or 10 years in state prison applies. (Pen. Code, § 236.4, subd. (b).)

This Proposed Law (Senate Bill 14) Would Add Child Trafficking to the “Serious Felony” List

SB 14 seeks to amend the law to includes human trafficking of a minor on the list of serious felonies
and amends the “lock-in” date for the Three Strike Law to January 1, 2024, thereby expanding the offenses that count as strikes to include human trafficking of a minor

Why Did the Democrats Block this Bill?

Blocking this bill, while supporting/passing these other laws that are alarmingly dangerous to children, perplexes me to no end.  I would like to give everyone the benefit of the doubt.

Arguments in Opposition to SB14

I did find this Senate Floor Analysis

ARGUMENTS IN OPPOSITION

According to Sister Warriors Freedom Coalition: The penalties for human trafficking are already harsh, and there is no evidence that increasing criminal penalties will prevent or reduce human trafficking.  The penalties for human trafficking are already significant, i.e. from 5 years in state prison and up to 15 years to life in state prison (depending on the age of the victim, the purpose for the trafficking, and manner in which the trafficking was carried out– i.e. force, duress, etc.) Further, many of the underlying offenses listed in P.C. 236.1 also require sex registration pursuant to P.C. section 290. Moreover, there is no evidence that long prison sentences deter or prevent crime. If anything, low-level individuals involved in human trafficking will be prosecuted under this legislation, many of them will SB 14 be prosecuted for conduct done under duress or other pressures, and they will be easily and swiftly replaced.

SB 14 legitimizes “Three Strikes” which has proven to be ineffective at serving public safety and has contributed to the mass incarceration of Black Californians. California is one of 24 states, along with the
federal government, that enacted a version of Three-Strikes sentencing in the 1990s. However, California’s law contained some of the most severe sentence enhancements, applied to an especially broad group of felony offenses, and has been used more extensively in sentencing in criminal cases than in any other state. California’s law was also unique in mandating a doubled-sentence enhancement for any felony (for people with at least one prior serious or violent felony) regardless of whether or not the new felony was categorized as serious or violent.  Nearly one-in-three (29%) of people serving doubled-sentence enhancements in January 2022 (about 8,100 individuals) had a strike enhancement for a non-serious, non-violent offense.

What That Means to Me

Sounds like they’re saying they blocked it because “there is no proof that increasing punishment on a heinous crime actually reduces the crime.”

Oh and did they just invoke systemic racism?  SB 14 legitimizes “Three Strikes” which has proven to be ineffective at serving public safety and has contributed to the mass incarceration of Black Californians.

Sound of Freedom

Child trafficking is evil.  I recently saw a movie which handled this sensitive topic very professionally.  For some reason, the media has not really discussed it in any detail, and what little coverage they offer, it’s to portray child trafficking as a “conspiracy theory”.

The movie really moved my heart.  So much that I donated tickets to pay it forward, so others can watch it for free.  Apparently a lot of people did this, because there are many free tickets on line.

If you have time this weekend, I highly encourage you to check it out – here are free tickets!