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New California Law Harshens Penalties for Trafficking Children for Sex

Senate Bill (SB) 14 — legislation that makes trafficking of a minor for purposes of a commercial sex act a serious felony — is now the law in California. Gov. Gavin Newsom signed the bill on Sept. 25 accompanied by First Partner Jennifer Siebel Newsom, State Sen. Shannon Grove (R-Bakersfield), who authored the bill, State Sen. Anna Caballero (D-Merced), as well as survivors and advocates.

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Sen. Shannon Grove (R-Bakersfield) talks to the media at the State Capitol on Sept. 13 after SB 14 passed in the Assembly and Senate. CBM photo by Antonio Ray Harvey.
Sen. Shannon Grove (R-Bakersfield) talks to the media at the State Capitol on Sept. 13 after SB 14 passed in the Assembly and Senate. CBM photo by Antonio Ray Harvey.

By Antonio Ray Harvey
California
Black Media

Senate Bill (SB) 14 — legislation that makes trafficking of a minor for purposes of a commercial sex act a serious felony — is now the law in California.

Gov. Gavin Newsom signed the bill on Sept. 25 accompanied by First Partner Jennifer Siebel Newsom, State Sen. Shannon Grove (R-Bakersfield), who authored the bill, State Sen. Anna Caballero (D-Merced), as well as survivors and advocates.

SB 14 classifies human trafficking as a serious felony, subjecting it to the state’s “Three Strikes” law, which imposes harsher penalties and sentencing enhancements for individuals convicted of the offense.

“Human trafficking is a sick crime. With this new law, California is going further to protect kids. I’m grateful for the leadership of Senator Grove, Speaker Robert Rivas (D-Hollister), and Pro Tem (Sen. Toni) Atkins (D-San Diego) in spearheading this bipartisan effort to make our communities and children safer,” said Gov. Gavin Newsom at the signing ceremony.

According to the U.S. Drug Enforcement Agency, “human trafficking involves the use of force, fraud, or coercion to obtain some type of labor or commercial sex act. Every year, millions of men, women, and children are trafficked worldwide.”

Advocates of SB 14 believe it will be a deterrent for the men and women who exploit children using the internet or force them into labor in red-light districts in major California cities such as the 5.7-mile stretch on Figueroa Boulevard in Los Angeles, Capp Street in San Francisco, International Boulevard in Oakland, Stockton Boulevard in Sacramento, Dalbergia Street in San Diego, and Wilson Way in Stockton.

“We got some stats and numbers from Figueroa from people that work in that area to rescue women and children,” Grove said at the State Capitol on Sept. 13. “They made comments that this bill disproportionately affects people of color … and it does. (SB 14) gives women and children an opportunity to be rescued and the perpetrator to be prisoned for many years.

The United States operates a national hotline, which serves as a platform for individuals to report suspected trafficking or seek assistance. According to data gathered from the hotline in 2015 through 2021, the number of people trafficking victims nationwide rose from 12,000 in 2015 to more than 22,200 in 2019 and then fell to 16,700 in 2021.

Public Policy Institute of California (PPIC), reports that from 2015 to 2021, the share of human trafficking cases involving sex trafficking increased from 87% to 89% in California, and from 85% to 88% nationally.

Statewide and nationally, sex trafficking is most common in pornography, massage parlors, and hotels. Among those trafficked for their labor, about 1 in 5 works in private homes, according to PPIC’s data.

SB 14 was hotly debated as it made its way through the legislative process this past summer. Some members of the California Legislative Black Caucus (CLBC), including Assemblymember Reggie Jones-Sawyer (D-Los Angeles), chair of the Assembly Public Safety Committee were the targets of threats and racial slurs for not initially supporting the bill.

Jones-Sawyer and other CLBC members on the Public Safety Committee — Majority Leader Assemblymember Isaac Bryan (D-Ladera Heights) and Assemblymember Mia Bonta (D-Alameda) — argued that that trafficking was already a crime under California law punishable by 15 years to life in prison. They argued that SB 14 was ineffective as a deterrent to the crime, and that it would perpetuate the poverty-to-prison pipeline.

Jones-Sawyer, who later voted to pass SB 14, said he was never against the bill, only parts of its language, which he deemed unacceptable because he felt it would cause more harm to trafficking victims rather than aid them.

A conviction under SB 14, including previous felonies, would increase prison sentences to 25 years to life. The trafficking of minors currently carries a prison term up to 12 years, or 15 years to life.

“We definitely thought there were a lot of merits to the bill, including how do we make sure these individuals are charged with serious felonies? We wanted to make sure that actually happens,” Jones-Sawyer told California Black Media. “It’s really about making sure that this doesn’t harm victims of human trafficking.”

SB 14, which passed the Assembly and Senate unanimously, is a bipartisan measure co-authored by 64 members of the Legislature. The legislation is supported by over 100 local, national and international organizations, including a coalition of human trafficking survivors and advocates.

Since 2019, California has taken a comprehensive approach to fight human trafficking. The state has invested a total of $280.1 million to dismantle trafficking networks and support victims and survivors, according to the Newsom administration.

The state has provided substantial funding to expand support programs for human trafficking survivors and Family Justice Centers — creating a one-stop facility for victims and their families to access various services — and allocated $25 million for the prevention, intervention, and services for minor victims of commercial sexual exploitation.

Newsom has signed several laws aimed at strengthening legal safeguards for victims of trafficking, including measures for vacating convictions and for considering trauma in determining sentences.

“The trafficking of young women and girls is a heinous crime with far too many victims,” Siebel-Newsom stated. “I’ve seen the pain survivors carry for a lifetime and having recently visited the infamous Figueroa sex trafficking corridor, I’ve witnessed the devastating impacts of these crimes — not just on girls and young women — but on entire communities when trafficking persists.”

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Antonio‌ ‌Ray‌ ‌Harvey‌

Sacramento Lawmakers Step Up Push for “Smart Solutions” on Crime, Public Safety

Assemblymember Tina McKinnor (D-Inglewood) and Sen. Lola Smallwood-Cuevas (D-Ladera Heights), both members of the California Legislative Black Caucus (CLBC), have joined other lawmakers and criminal justice reform advocates to address public safety in the state.  On April 2, CLBC members gathered outside the State Capitol for the unveiling of the #SmartSolutions Public Safety Policy Platform, a package of 30 bills that addresses the top concerns of retailers, retail workers, the fentanyl crisis, and support for victims and survivors of crime.

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Assemblymember Tina McKinnor (D-Inglewood), second right, and Assemblymember Eloise Gómez Reyes (D-Colton), right, have introduced bills that would protect victims, reduce recidivism, and treat substance-use disorders. CBM photos by Antonio Ray Harvey.
Assemblymember Tina McKinnor (D-Inglewood), second right, and Assemblymember Eloise Gómez Reyes (D-Colton), right, have introduced bills that would protect victims, reduce recidivism, and treat substance-use disorders. CBM photos by Antonio Ray Harvey.

By Antonio Ray Harvey, California Black Media

Assemblymember Tina McKinnor (D-Inglewood) and Sen. Lola Smallwood-Cuevas (D-Ladera Heights), both members of the California Legislative Black Caucus (CLBC), have joined other lawmakers and criminal justice reform advocates to address public safety in the state.

On April 2, CLBC members gathered outside the State Capitol for the unveiling of the #SmartSolutions Public Safety Policy Platform, a package of 30 bills that addresses the top concerns of retailers, retail workers, the fentanyl crisis, and support for victims and survivors of crime.

“Instead of being tough on crime, we need to be smart on crime,” Smallwood said at the press briefing. “I am not saying that we’re not going to be holding folks accountable for the actions that they take. But we will not rely on incarceration as a solution.”

McKinnor, Smallwood-Cuevas, a coalition of advocates, addiction treatment experts, and Yurok Tribal leaders joined Sen. Nancy Skinner (D-Berkeley), and Assemblymember Eloise Gómez Reyes (D-Colton) at the press conference organized to promote legislative solutions that ensure safety and justice.

Organizers say #SmartSolutions is an intersectional campaign that combats criminalization and mass incarceration by pushing for the redirection of state resources to fund housing, health care, schools, services for victims, and programs that reduce recidivism and promote accountability, beyond incarceration.

Opponents of the bills proposed in the #SmartSolutions campaign say their colleagues who support reform-focused strategies are looking the other way on crime and encouraging lawlessness.

For example, Assemblymembers Wendy Carillo (D-Boyle Heights), Carlos Villapudua (D-Stockton) and Mike Gipson (D-Carson) are supporting Assembly Bill (AB) 1990, legislation that would allow a peace officer to arrest shoplifters without a warrant or without witnessing the theft.

Assemblymember James Ramos (D-Highland) authored AB 1772 and introduced it in January. The legislation proposes sterner penalties for retail theft, particularly for repeat offenders.

The #SmartSolutions campaign is co-sponsored by Ella Baker Center for Human Rights, Smart Justice California, American Civil Liberties Union (ACLU) California Action, Californians for Safety and Justice, and Californians United for a Responsible Budget (CURB).

Smallwood recently introduced two bills she hopes will provide solutions to the escalating retail theft problem in the state. Senate Bill (SB) 1446 addresses theft, technology and job security in retail establishments and aims to minimize workplace violence, according to supporters. SB 1282 requires counties to expand the use of a diversion program for theft cases.

“Restorative Justice is the essential pillar of making our criminal justice system more fair, just, and equitable,” McKinnor said. “Restorative justice recognizes the trauma of victims and preparatory of crimes and provides a constructive space for victims to find healing.”

Dr. Amiee Moulin, founder of the California Bridge program and chief of the Division of Addiction Medicine at the University of California (UC) Medical Center, said drug “addiction and overdose” are taking a toll on patients, families and the community.

“I believe that California’s proposed legislation focused on expanding access to treatment is a crucial step towards saving lives,” Moulin said. “By removing barriers to care and embracing evidenced-based strategies we can provide patients the support they need to heal and recover.”

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Antonio‌ ‌Ray‌ ‌Harvey‌

Advocates Weigh in on Calif. Black Caucus Reparations Package

On Feb. 21, the California Legislative Black Caucus (CLBC) held a press conference at the state Capitol to introduce a package of reparations legislation the lawmakers call “a starting point” to atone for the state’s legacy of discrimination. All 12 members of the CLBC were present to explain their efforts to rectify the damages caused by systemic discrimination against Black Californians detailed in the 1,100-page report by the first-in-the-nation California reparations task force.

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Assemblymember Lori Wilson (D- Suisun City) speaks at the press conference with all CLBC members in attendance discussing their 2024 Reparations legislative priority bills. Photo by Antonio Ray Harvey California Black Media.
Assemblymember Lori Wilson (D- Suisun City) speaks at the press conference with all CLBC members in attendance discussing their 2024 Reparations legislative priority bills. Photo by Antonio Ray Harvey California Black Media.

By Antonio Ray Harvey

California Black Media 

On Feb. 21, the California Legislative Black Caucus (CLBC) held a press conference at the state Capitol to introduce a package of reparations legislation the lawmakers call “a starting point” to atone for the state’s legacy of discrimination.

All 12 members of the CLBC were present to explain their efforts to rectify the damages caused by systemic discrimination against Black Californians detailed in the 1,100-page report by the first-in-the-nation California reparations task force.

The nine-member panel submitted the recommendations on June 28, 2023.

CLBC chairperson Lori Wilson (D-Suisun City) said it may take three to seven years to pass legislation aimed at implementing the task force’s recommendations.

The package the CLBC members presented consists of 14 legislative proposals, each designed to address different aspects of systemic racism and inequality.

One proposal, Senate Bill (SB) 490, put forth by CLBC Vice Chair Sen. Steven Bradford (D-Inglewood), calls for the establishment of the California American Freedmen Affairs Agency (CAFAA).

This agency would administer reparations programs and aid Black families researching their family lineage. The cost of implementing such an agency has not yet been estimated, but reparations advocates say its creation signifies a step toward acknowledging and rectifying past injustices.

Another proposal by Assemblymember Cory Jackson (D-Riverside), ACA 7, seeks to amend Prop 209, the initiative passed by voters in 1996 that prohibits considering race, color, sex, or nationality in public employment, education, and contracting decisions.

This amendment would allow the governor to approve exceptions to the law in order to address poverty and improve educational outcomes for African Americans and other marginalized groups.

Bradford also discussed proposal legislation aimed at compensating families whose properties were seized through eminent domain as a result of racism and discrimination.

The package of bills includes a measure proposed by Assemblymember Reggie Jones Sawyer (D-Los Angeles), Assembly Bill (AB) 3089 to formally acknowledge California’s history of slavery and discrimination, requiring lawmakers to issue a formal apology.

Additionally, a proposed constitutional amendment, ACA 8, sponsored by Wilson aims to ban involuntary servitude, particularly within the state’s prison system.

Reparations advocates and social justice groups from statewide organizations shared their support and criticism of the 14-bill reparations package with California Black Media (CBM).

A Coalition for a Just and Equitable California (CJEC) stated that the CLBC’s package does not address direct-cash payment, which, for that group’s leadership, is a non-negotiable component of any proposed compensation package.

“Our coalition’s unwavering commitment has been to pursue lineage-based reparations, encompassing direct monetary payments/compensation, state recognition of descendants as a protected class, and the establishment of the California American Freedman Affairs Agency through Senate Bill (SB) 490,” CJEC member Chris Lodgson outlined in a statement.

Lodgson continued, “We believe these vital components are imperative and a necessary first step toward true reparations. As we’ve communicated to elected officials directly for some time, we believe any reparations package must be targeted explicitly and exclusively to California’s 2 million Black American descendants of persons enslaved in the U.S. (American Freedmen).”

Media present at the news briefing persistently questioned Wilson and other CLBC members about direct payments.

Wilson mentioned that the budget deficit California is currently facing is being considered in discussions about compensation. A Legislative Analyst’s Office report released  Feb. 20, estimates that the state’s budget shortfall could expand to $73 billion by May.

“In regard to direct-cash payments to individuals, we will continue to have that discussion as we navigate the next few years,” Wilson said. “As noted, we’re halfway through a legislative session. We have about three months of the legislative process in each house (Senate and Assembly) to work through these existing bills.

“In the next session, we have two years, and during that two-year session, we will consider including additional payments whether they are direct-cash payments or direct payments to communities,” Wilson said.

The Alliance for Reparations, Reconciliation, and Truth (ARRT), a collaboration of California’s leading Black power-building and justice groups, supports seven of CLBC’s 14 reparations bills with proposals that include the restoration of property, establishing the property tax assistance for Descendants of Enslaved Persons program, a formal apology for human rights violations and crimes against humanity, amending the California Constitution to prohibit involuntary servitude for incarcerated persons, and prohibiting discrimination based on natural and protective hairstyles.

“The California Legislative Black Caucus reparations package marks a historic and meaningful moment in time. ARRT encourages lawmakers to pursue an even more expansive and definitive action to fulfill the reparations principles as recognized by the United Nations,” stated James Woodson, AART co-founder and executive director of the California Black Power Network. “Reparative justice must be impactful, transformative, and enduring, thus paving the way toward atoning for the wrongdoings deeply imprinted in the state’s history and healing this democracy.”

ARRT is a collaboration between the Black Equity Collective, the California Black Power Network, Catalyst California, Equal Justice Society, and Live Free USA, Live Free California.

Former members of the California reparations task force have partnered with AART: Loyola-Marymount clinical psychologist professor Dr. Cheryl Grills; Oakland-based civil rights attorney Lisa Holder; Dr. Jovan Scott Lewis, chair of the Department of Geography at the University of California Berkeley and Oakland-based attorney Donald Tamaki.

“We absolutely are (in support of direct-cash payments),” Woodson told California Black Media. “I think we got to have it all. There were multiple harms that were caused and one of them was financial and that needs to be compensated for with cash payments. And there are also systemic harms that were created. We need to change laws. We need to change how rules work because a lot of it flows out of anti-Black racism. We have to have everything because if you leave anything out it’s not for reparations.”

CBM also learned that there will be a series of listening sessions with the CLBC to help educate Californians about the reparation bills and the workings of the legislative process.

The members of the CLBC are Assemblymember Lori D. Wilson (D-Suisun City); Sen. Steven Bradford (D-Inglewood); Assemblymember Akilah Weber (D-La Mesa); Assemblymember Isaac Bryan (D-Los Angeles); Assemblymember Mia Bonta (D-Alameda); Assemblymember Chris Holden (D-Pasadena); Assemblymember Mike Gipson (D-Carson); Assemblymember Corey Jackson (D-Riverside); Assemblymember Reggie Jones-Sawyer (D- Los Angeles); Assemblymember Tina McKinnor (D-Inglewood); and Sen. Lola Smallwood-Cuevas (D-Los Angeles).

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Antonio‌ ‌Ray‌ ‌Harvey‌

Controller Malia Cohen: Despite $68 Billion Deficit, California Has Enough Cash to Pay Bills

Over the next few months, Californians will spend time processing the details of Governor Gavin Newsom’s 2024-2025 spending plan, which he is expected to present to the Legislature on Jan. 10 in Sacramento. However, reports of the state’s whopping $68 billion budget deficit — as projected by the nonpartisan Legislative Analyst’s Office (LAO) — have foreshadowed the Governor’s announcement with uncertainty.

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(File photo) Malia Cohen speaking at Life Changing Ministries in San Bernadino May 15, 2022.
(File photo) Malia Cohen speaking at Life Changing Ministries in San Bernadino May 15, 2022.

Antonio Ray Harvey
California
Black Media

Over the next few months, Californians will spend time processing the details of Governor Gavin Newsom’s 2024-2025 spending plan, which he is expected to present to the Legislature on Jan. 10 in Sacramento.  However, reports of the state’s whopping $68 billion budget deficit as projected by the nonpartisan Legislative Analyst’s Office (LAO) —‌ ‌have foreshadowed the Governor’s announcement with uncertainty.

Despite anticipation of deep budget cuts, State Controller Malia M. Cohen has expressed confidence that California’s fiscal cash flow is in the position to withstand any financial challenges caused by forecasted economic downturn.

“Despite reports from various sources indicating a budgetary deficit of approximately $68 billion, the state’s cash position remains strong, and, absent any unforeseen circumstances, the state has sufficient cash to pay its bills and meet its financial obligations through the end of the fiscal year,” Cohen said in a Dec. 19, 2023, letter.

Cohen is responsible for accountability and disbursement of the state’s financial resources. She has independent auditing authority over government agencies that spend state funds.

According to the LAO, the budget shortfall increased by $53 billion when compared to the projections used in the development of the current year budget – up from $15 billion when the 2023–24 Budget was signed in June. The LAO faced challenges in providing budget estimates due the IRS delaying tax filings until Nov. 16, 2023.

Regarding personal income, sales and property tax revenues, the state’s primary revenues, California entered an economic downturn in 2022 that is affecting the budget.

On Dec. 15, Senate Minority Leader Brian W. Jones (R-San Diego) and Senate Budget Vice Chair Roger Niello (R-Fair Oaks) wrote a letter to Gov. Newsom, urging him to “act early” to address the state’s worsening fiscal condition.

“This budget deficit will impact every California resident and doesn’t matter whether you’re a Republican or Democrat,” Jones stated. “That’s why we must roll up our sleeves and work together to bring spending in line with revenues.”

Cohen has been monitoring the state’s financial reports and clarified California is protected by its “rainy day reserves.”

“The state currently has more than $91.4 billion in available borrowable resources, due in large part to the Governor’s and Legislature’s foresight in building prudent rainy-day reserves in the Budget Stabilization Account,” Cohen stated.

The budget negotiations will involve new leaders of the legislature — Assembly Speaker Robert Rivas (D-Salinas) and incoming Senate President Pro tempore Mike McGuire (D-Santa Rosa).

Rivas added California Legislative Black Caucus members Assemblymember Dr. Akilah Weber (D-La Mesa and Assemblymember Corey Jackson (D-Moreno Valley) to the Assembly’s budget leadership team in December. Weber will lead Subcommittee 1 on Health while Jackson will guide Subcommittee 2 on Human Services.

“While legislators will have difficult choices to make in the new year, I am confident they will be deliberate in addressing the budget challenges before them, and I urge them to protect, to the extent possible, the health and social service programs designed to benefit those who are displaced, without shelter, or otherwise economically disadvantaged,” Cohen stated.

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