AB 1888

Bill Subjects

Abstract

Existing law establishes the Attorney General as the head of the Department of Justice, with charge of all legal matters in which the state is interested, except as specified. Existing law requires the Attorney General, whenever they deem it advisable or necessary in the public interest, or when directed to do so by the Governor, to assist any district attorney in the discharge of the district attorney's duties, and authorizes them to take full charge of any investigation or prosecution of violations of law, as specified. Existing law establishes the Department of Industrial Relations in the Labor and Workforce Development Agency and vests it with various powers and duties to foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment. Existing law establishes the Civil Rights Department within the Business, Consumer Services, and Housing Agency and sets forth its powers and duties relating to enforcement of civil rights laws. This bill would establish within the Department of Justice the Labor Trafficking Unit. The bill would require the unit to receive labor trafficking reports and complaints from law enforcement agencies and other governmental entities and refer the reports or complaints to appropriate agencies for investigation, prosecution, or other remedies. The bill would require the unit to coordinate with certain state agencies, including, among others, the Department of Industrial Relations and the Civil Rights Department. The bill would authorize the unit to coordinate with other relevant state agencies, as specified, state and local law enforcement agencies, tribal law enforcement agencies, and district attorneys' offices. The bill would require the unit to make efforts to ensure that local, state, and tribal entities use a victim-centered approach when receiving and processing victim reports or complaints of labor trafficking and when reporting suspected labor trafficking to the unit. The bill would require the unit to follow a victim-centered approach when processing labor trafficking reports or complaints and ensure that victims are informed of the services and options available to them, as specified. The bill would require the Department of Industrial Relations and the Civil Rights Department to collaborate with the unit to develop policies, procedures, and protocols to track, record, and report potential labor trafficking to the unit. The bill would require the unit to develop a tracking and reporting system to collect labor trafficking reports and complaints and would require the reports to be aggregated and analyzed to identify potential labor trafficking reports and complaints to be further investigated by the Department of Justice or referred for civil action, criminal prosecution, or other remedy, as specified. The bill would require the unit, from April 1, 2027, to January 1, 2036, inclusive, to annually submit a specified report to the Legislature relating to labor trafficking complaints or reports, including the number and type of reports, complaints, or referrals. The bill would require the Department of Industrial Relations and the Civil Rights Department to report this information to the unit on a quarterly basis and report suspected labor trafficking immediately to the unit, as specified. The bill would specify that the bill's operation is contingent upon adequate appropriation by the Legislature in the annual Budget Act or another statute for the bill's purposes. If the Legislature does not appropriate adequate funding by January 1, 2030, the bill would repeal its provisions and require the Department of Justice to file with the Secretary of State by January 1, 2030, the department's determination that the Legislature has not appropriated adequate funding.