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CALIFORNIA Legislation
Cal. Pen. Code § 236.5
Duty of law enforcement agencies upon encounter with victim of human trafficking regarding LEA endorsements
(a) Within 15 business days of the first encounter with a victim of human trafficking, as defined by Section 236.1, law enforcement agencies shall provide brief letters that satisfy the following Law Enforcement Agency (LEA) endorsement regulations as found in paragraph (1) of subdivision (f) of Section 214.11 of Title 8 of the Code of Federal Regulations.
(b) The LEA must be submitted on Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons, of Form I-914. The LEA endorsement must be filled out completely in accordance with the instructions contained on the form and must attach the results of any name or database inquiry performed. In order to provide persuasive evidence, the LEA endorsement must contain a description of the victimization upon which the application is based, including the dates the trafficking in persons and victimization occurred, and be signed by a supervising official responsible for the investigation or prosecution of trafficking in persons. The LEA endorsement must address whether the victim had been recruited, harbored, transported, provided, or obtained specifically for either labor or services, or for the purposes of a commercial sex act.
(c) Where state law enforcement agencies find the grant of a LEA endorsement to be inappropriate for a victim of trafficking in persons, the agency shall within 15 days provide the victim with a letter explaining the grounds of the denial of the LEA. The victim may submit additional evidence to the law enforcement agency, which must reconsider the denial of the LEA within one week of the receipt of additional evidence.
Amendment History:
2008 Amendment:
Amended subd (a) by substituting (1) “with a victim of human trafficking, as defined by” for “of a victim of human trafficking, victim pursuant to”; and (2) “(LEA) endorsement regulations as found in paragraph (1) of subdivision (f) of Section 214.11 of Title 8” for “Endorsement (LEA) regulations as found in Section 214.11 (f)(1) of Chapter 8”.
Source: LexisNexis