Sex trafficking victim
An officer talks with a sex trafficking victim. Courtesy FBI

Human trafficking has been called the “crime of our time.” On Tuesday, state legislators advanced a key bill that would change how the crime of human trafficking is treated under California law. 

Under current statutes, trafficking is considered non-serious and non-violent. Under proposed Senate Bill 14, authored by Sen. Shannon Grove, a Republican from Bakersfield, trafficking in minors would become a felony.

An amended SB 14 passed out of the Senate’s Public Safety Committee on Tuesday. The bill, if ultimately passed and signed by the Governor, would apply to the trafficking of minors, 18 years and younger. The effect of the bill would be to make the trafficking of minors a strike under the state’s three strikes law. A second offense can double a prison term under that law.

The legislation was needed, said San Diego County District Attorney Summer Stephan.

“Everybody understands that human trafficking is in the top three criminal industries in the United States,” she said, “but that California is the place that has the most reports of human trafficking in the United States.”

Grove calls the crime “heinous and brutal,” saying “this is a small step we can take to begin protecting our survivors and procure some small modicum of justice.”  

It’s taken years for this legislative idea to move this far along, something that has frustrated Stephan.

“It’s truly hard to imagine that human trafficking, the worst kind of crime, the worst kind of dehumanization, that really just abuses not just the body of human beings, but their minds, their souls, their spirits, their dignity, is not considered a serious felony in the State of California,” she said. 

There have been previous attempts to pass similar legislation, one this year on the Assembly side and one last year in the Senate. The Senate effort died in the same committee it had to clear on Tuesday.

One chief obstacle at that time was Sen. Scott Weiner, a Democrat from San Francisco who authored a controversial law that limits police from questioning someone they suspect is engaged in prostitution. Weiner argued last year against the “felony,” bill saying the penalty for trafficking was severe enough. 

Weiner was considered a possible obstacle again by numerous supporters of the legislation. But, this time he supported the amended bill, part of an unanimous 5-0 bipartisan vote, with the legislation now moving on to the Appropriations Committee.   

It’s not a complete victory for advocates because human trafficking of victims 19 years and older is still considered a non-serious and non-violent crime.

“It is not everything we wanted but it is nonetheless a huge win,” said Tyson McCoy with the Kern County District Attorney’s office.

“This is a major victory for everyone who works in the anti-trafficking field in California,” he added. “Getting past the Public Safety Committee is no easy task.”

Grove said she is thankful for her legislation’s progress but more needs to be done.

“While I am thankful that my legislation passed out of Senate Public Safety and will protect countless children who are trafficked, I remain committed to continuing to fight for survivors and victims of all ages,” she said.

Stephan says the work is just beginning.

“We speak through our laws, this is how we put forth our vision, our heart, what we believe and so far we’ve really failed our victims.”