Bill to make child sex trafficking in California a serious felony faces a secretive hurdle
State lawmakers in a key committee on Wednesday placed a proposal that would classify child sex trafficking as a "serious felony" in California onto a list of bills that are either passed or blocked without public discussion.
The Assembly Appropriations Committee placed the measure onto what's known as the "suspense file," a list of legislation expected to cost the state at least $150,000. The bill, SB 14, meets that threshold. The committee's primary purpose is to analyze the financial impact of bills, and its decision Wednesday was a typical part of the process.
A special hearing for bills on suspense is scheduled for Sept. 1. Suspense hearings are known for the fast pace at which lawmakers sift through bills, either passing or blocking them without any public explanation.
The bill's author, Sen. Shannon Grove, R-Bakersfield, tried but was unsuccessful in swaying the committee to pass the bill Wednesday and keep it off the suspense file.
"I want to make it very clear that there's no price tag that can be placed on a victim of human trafficking, especially a child," Grove said. "Selling a child to be raped over and over again is a crime that is so grotesque, immoral and barbaric; it should be prevented and stopped at any cost."
Grove also brought two child sex trafficking victims to the hearing to help make her case, including Briana Moseley, who said her sister died after struggling with mental health issues after being brutally raped by her trafficker and his friends. Mosley said the trafficker walks free.
"These young people's lives are priceless. Their traffickers should not be valued more than the victims," Mosley said.
"We thank you for the witnesses who were here to present. We appreciate the difficulty of the circumstances and applaud your courage," said Assemblyman Chris Holden, R-Pasadena, the chairman of the committee.
Classifying child sex trafficking as a serious felony under California law would make it a strikable offense, meaning repeat offenders or those who have committed other strikable offenses could face more time in prison. Grove has said the purpose of the measure is to prevent repeat child sex traffickers from being released from prison early.
The measure is more than halfway through the legislative process and cleared the State Senate unanimously earlier this year. The bill has had a rocky start since it reached the Assembly this summer. Lawmakers in the Assembly Public Safety Committee were forced to reverse their decision to block the bill after facing intense backlash from the public and some Democratic state leaders, including Gov. Gavin Newsom.
On Wednesday, the American Civil Liberties Union's lobbying arm in California argued the measure could criminalize child sex trafficking victims and require more funding for the state's prison system, echoing the concerns of some progressive Democratic lawmakers.
"Survivors are often forced to commit crimes by their traffickers, including recruitment, or they're working to keep other survivors safe, and they're misidentified as traffickers by law enforcement," said Duke Cooney, a legislative advocate for the ACLU.
Another part of the suspense process involves amending bills. Grove has been adamant about not making any changes to the measure she said has taken three years to get to this point and a high level of support. As of Wednesday afternoon, Grove's office said the committee had yet not asked her to amend the bill.