Election 2012

Mitchell Brooks / mbrooks@sacbee.com

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Ballot Watch: Increasing penalties for human trafficking

Published: Saturday, Oct. 13, 2012 - 12:00 am | Page 3A
Last Modified: Friday, Feb. 15, 2013 - 12:20 pm

Proposition 35 grew from an unsuccessful effort by two activists - Daphne Phung, founder of California Against Slavery, and former Facebook executive Chris Kelly - to get laws passed in the Legislature.

Phung was targeting human trafficking, and Kelly's bill sought to require sex offenders to turn over their Internet information to law enforcement.

But laws mandating longer prison sentences were not popular among lawmakers already trying to downsize the prison population by court order, and Kelly met resistance from the head of the Assembly's Public Safety Committee, Democrat Tom Ammiano of San Francisco.

Kelly tapped his substantial wealth to finance signature gathering and joined with Phung to push an initiative that became Proposition 35.

WHAT IT DOES

• Expands the definition of human trafficking to include distribution of obscene materials depicting minors and to eliminate the requirement that prosecutors prove force or coercion occurred in cases involving minors.

• Increases maximum sentences and fines for those convicted of human trafficking. The majority of fines collected - 70 percent - would go toward services for victims; the remaining fines would go toward prevention, witness protection and rescue operations by law enforcement agencies.

• Requires people convicted of sex trafficking to register as sex offenders.

• Requires sex offenders to provide law enforcement with their Internet providers and identifiers, such as email addresses and user names.

• Prohibits use of evidence in trial that a person was engaged in criminal sexual conduct if that person is a victim of human trafficking.

WHAT IT COSTS

• The Legislative Analyst's Office estimates "a couple million dollars" annually to pay for prison costs flowing from longer sentences and more offenders.

• Cities and counties could face one-time costs of "up to a few million dollars" in adhering to the proposition's requirements for law enforcement training, according to the LAO.

• The LAO also noted that the true fiscal effects of this measure depend greatly on whether human trafficking continues to be primarily prosecuted by federal authorities, as it has been to date.

SUPPORTERS

• Chris M. Kelly, former Facebook executive and creator of the Safer California Foundation

• Daphne Phung, activist and founder of California Against Slavery

• Law enforcement groups, including the Peace Officers Research Association of California and the California Police Chiefs Association

WHAT SUPPORTERS SAY

• Human traffickers exploit children as young as 12 years old and deserve harsher sentences for the physical, sexual and emotional abuse of their victims.

• Requiring sex offenders to disclose their Internet-related information will help stop the exploitation of children online.

• Boosting the fines paid by convicted traffickers will help pay for victims' services.

OPPONENTS

• Erotic Service Providers Legal, Education and Research Project, Inc.

• ACLU of Northern California

• Assemblyman Tom Ammiano, D-San Francisco

WHAT OPPONENTS SAY

• The measure's definition of "human trafficking" is overly broad and its language vague, possibly snaring those involved in consensual prostitution and possibly leading to further litigation

• The proposition will tax an already over-burdened probation system and will cost the state money.

• Requiring all sex offenders to hand over their Internet information to law enforcement tramples on their rights to free and anonymous speech.

MONEY WATCH

SUPPORT: $2.3 million

• Chris M. Kelly, $2.1 million

• Peace Officers Research Association of California Political Issues Committee, more than $155,000

• Daphne Phung, $14,000

OPPOSE: None

ON THE WEB

Yes on 35: www.caseact.org

No on 35: www.esplerp.org

© Copyright The Sacramento Bee. All rights reserved.

Read more articles by Kim Minugh



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