Senator Shannon Grove’s ‘Make Sex Trafficking a Felony Again’ Bill Killed Once More?

“A bill to make sex trafficking a felony once again in California was blocked Tuesday in the Assembly Public Safety Committee by Democrats, after passing unanimously in the Senate,” the Globe reported only the day before.

Eventually and two days later, the committee was pressured to reconsider their vote, and passed SB 14.

Currently human trafficking is defined as a “non-serious” crime which means the act of human trafficking cannot be considered a strike under California’s Three Strikes law.

Senate Bill 14 by Sen. Grove was voted down in the Assembly Public Safety Committee with 6 Democrats abstaining and 2 Republicans voting “aye”… that means Democrats wouldn’t even commit to a “no” vote lest it look bad during reelection time.

Wednesday, Sen. Grove announced her bill Senate Bill 14 was moved to the Assembly Appropriations Committee’s suspense file. As she explains, “The Appropriations suspense file is a committee procedure where a bill with a fiscal impact of more than $150,000 is held by the committee chair while considerations are made if it should be passed or retained based on the cost.”

You didn’t really think Democrats would pass Senator Grove’s bill, did you? As we reported at the last committee vote, “The Globe is pleased that Gov. Newsom is willing to right this wrong. He is doing the right thing, but for all of the wrong reasons. What about the minors ‘consenting’ to non-forcible sodomy, oral copulation, and sexual penetration with adult men?”

Here is Sen. Grove’s full statement:

“As the Appropriations Committee is evaluating the cost of incarcerating traffickers, I hope they will also take into account the basic services associated with the life-long rehabilitation of victims and survivors of this brutal crime. There is no price tag that can be placed on a victim of human trafficking, especially a child.  Selling a child to be raped over and over again is a crime so grotesque, immoral and barbaric it should be prevented and stopped at any cost.”

California has the unfortunate distinction of being one of the top states for human trafficking in the United States. Thousands of people, many of them minors, are forced into sexual and labor exploitation each year.

“It’s time we start protecting our children from predators who are lurking online and elsewhere, waiting to take advantage of the most vulnerable people in our communities,” said Senator Shannon Grove. “I just witnessed an operation in Kern County where 22 perpetrators were arrested during one operation, this is happening all across California. It’s time we call human trafficking what it really is, a serious crime that deserves a serious consequence.

Senate Bill 14 is a critical step forward in the fight against human trafficking in California. The bill will remain on the suspense file until the committee’s suspense hearing on September 1st, 2023.

The bipartisan measure is coauthored by 60 members of the Legislature, including 46 Assemblymembers. SB 14 is supported by a large coalition of human trafficking survivors, advocates, local, national and international organizations. Click here for the full list.

Assemblyman Chris Holden (D-Los Angeles) is Chairman of the Assembly Appropriations Committee.

And here is the detail about Sen, Scott Wiener’s SB 145:

If there are any lingering doubts about Sen. Wiener’s intent with SB 145, the bill analysis is much more clear than Sen. Wiener:

“This bill states non-forcible sodomy, oral copulation, and sexual penetration with a minor do not require mandatory sex offender registration unless there is a ten-year gap between the minor and the other person. However, a court may still require registration if it deems appropriate. These offenses, when committed without force, where the minor was a willing participant and under the age of 14 are sometimes referred to as “Hofsheier offenses.” People v. Hofsheier(2006) 37 Cal.4th 1185 held that requiring mandatory sex offender registration for one such an offense – oral copulation – was unconstitutional if the state did not also require registration for a person convicted non-forcible sexual intercourse with a minor because it made an illegal distinction based on the sex act itself.”

“Non-forcible sodomy, oral copulation, and sexual penetration with a minor” is the first legal problem with this bill as it is against the law to have sex with a minor – gay or straight. The legal age of consent in California is 18 years of age. The age of consent refers to the age at which a person can legally consent to any sexual intercourse.

If there is a real inequity in the laws governing sex with minors, this bill is only undermining any sincere attempt to address that.

Some would say that the new laws governing sex with minors, is sex trafficking.