CALIFORNIA’s ANTI-TRAFFICKING EDUCATIONAL RESOURCES
CALIFORNIA LEGISLATION
AB 2020
AB 2020 establishes a significant framework aimed at improving interactions between law enforcement and survivors of human trafficking in California. By mandating the creation of comprehensive guidelines and policies, the bill underscores the importance of survivor-centered practices in addressing the complex needs of this vulnerable population.
AB 2020 requires all California law enforcement agencies to adopt written policies, informed by guidelines developed by the Commission on Peace Officer Standards and Training (POST), to standardize and improve interactions with human trafficking survivors. These policies must be in place by December 1, 2026, and include provisions that ensure survivors are treated with dignity, given access to appropriate support, and empowered to make informed decisions.
The bill outlines specific requirements for these policies. One of which is that officers must inform survivors of their right to have an advocate present during interviews and explain the benefits of advocacy, including confidentiality, emotional support, and legal assistance. Officers would also be required to provide survivors with referrals to community-based organizations and culturally appropriate services. Moreover, agencies must work with community-based and culturally competent organizations to ensure survivors receive tailored support. Survivors who choose to waive their right to an advocate must do so in writing, but can revoke this waiver at any time.
By June 1, 2026, POST must develop minimum guidelines for law enforcement interactions with survivors. These guidelines are to be created in collaboration with organizations experienced in serving trafficking survivors, prioritizing those with at least five years of experience. This provision ensures the incorporation of expertise and lived experiences into policy development. Additionally, POST is tasked with creating a standardized written waiver of advocacy to ensure consistency and clarity across jurisdictions.
The bill includes a provision for state reimbursement if costs are determined to be state-mandated. This ensures that local agencies are not disproportionately burdened while implementing these policies, potentially easing concerns about funding and compliance.
While AB 2020 represents a significant step forward in supporting human trafficking survivors, it is not without potential weaknesses. The implementation timeline, which stretches until December 2026, delays the immediate benefits survivors could experience, leaving a gap in support for those in need today. Additionally, the bill relies heavily on collaboration with community-based organizations, many of which may face capacity constraints or limited resources to meet increased demands. Ensuring cultural competence in referrals and services is crucial but challenging, as it requires extensive engagement with diverse communities, which could be inconsistent across jurisdictions. Furthermore, while the provision for state reimbursement alleviates some financial concerns, it remains unclear whether the funding will be sufficient to address the training and infrastructure costs necessary for effective implementation. Despite these challenges, AB 2020’s strengths are notable. By prioritizing trauma-informed, survivor-centered approaches, the bill lays the groundwork for more compassionate and effective law enforcement practices. Its emphasis on advocacy, cultural competency, and collaboration with experienced organizations ensures that survivors are treated with dignity and connected to resources that address their specific needs. Additionally, the standardization of practices across law enforcement agencies reduces variability in how survivors are supported, setting a precedent for more consistent and equitable treatment statewide.
For full transparency, the entirety of the bill’s text is below:
The people of the State of California do enact as follows:
SECTION 1. Division 15 (commencing with Section 23020) is added to the Welfare and Institutions Code, to read:
DIVISION 15. Survivors of Human Trafficking Support Act
CHAPTER 1. Law Enforcement Collaboration
23020. By no later than December 1, 2026, each law enforcement agency shall establish and maintain a written policy regarding interactions with survivors of human trafficking based on the guidelines developed by the commission pursuant to Section 23024.
23022. (a) A policy established pursuant to this chapter shall, without limitation, include all of the following:
(1) A requirement that an officer contacting a survivor of human trafficking inform them that they have the right to have an advocate present during any interviews with law enforcement and other subsequent examinations and proceedings.
(2) A requirement that the officer explain the benefits of being represented by an advocate, including, without limitation, confidentiality and evidentiary privilege, emotional support, assistance in accessing resources, and assistance with understanding their legal rights.
(3) A requirement that, if the survivor requests an advocate, the officer contact the rape crisis center or another appropriate organization, such as an immigrant services organization, and arrange for an advocate to be present for any further interviews or examinations.
(4) A requirement that an officer obtain a waiver in writing if a survivor refuses an advocate, and inform them that they may revoke their waiver at any time and request an advocate.
(5) A requirement that the officer provide referrals to organizations that provide services to survivors of human trafficking, including, but not limited to, immigrant services organizations.
(6) A requirement that a law enforcement agency, in collaboration with community-based organizations, establish a process for referrals of human trafficking victims to the county social services department.
(7) A requirement that a law enforcement agency work with community-based organizations to provide referrals to services that are consistent with a survivor’s culture, sexual orientation, and gender identity.
(b) Each law enforcement agency shall also create a standardized written waiver of advocacy or may use the waiver developed by the commission pursuant to Section 23024.
23024. (a) By no later than June 1, 2026, the Commission on Peace Officer Standards and Training shall develop and promulgate minimum guidelines for law enforcement personnel interactions with survivors of human trafficking. A law enforcement agency shall use these guidelines as a resource in creating the policy required under Section 23020 to establish procedures for law enforcement interactions with survivors of human trafficking.
(b) The guidelines shall, without limitation, meet the requirements of a policy described in Section 23022.
(c)
(1) In developing the guidelines, the commission shall collaborate with appropriate groups and individuals having an interest and expertise in human trafficking. This shall include, but is not limited to, all of the following:
(A) Community-based organizations providing services to survivors of human trafficking.
(B) Organizations with experience supporting survivors of labor trafficking, including, but not limited to, immigrant legal service providers.
(C) Human trafficking victim service organizations, as defined in subdivision (d) of Section 1038.2 of the Evidence Code, and domestic violence victim service organizations, as defined in subdivision (b) of Section 1037.1 of the Evidence Code, and rape crisis centers, as used in Section 13837 of the Penal Code.
(2) When collaborating with organizations pursuant to paragraph (1), the commission shall prioritize organizations that have been providing services for at least five years.
(d) The commission shall also develop and promulgate a standardized written waiver of advocacy, as described in Section 23022.
23026. As used in this chapter, the following terms are defined as follows:
(a) “Commission” means the Commission on Peace Officer Standards and Training.
(b) “Law enforcement agency” means any department or agency of the state or any political subdivision thereof that employs any peace officer, as described in Section 830 of the Penal Code, and that provides uniformed general law enforcement services to the public. “Law enforcement agency” includes, without limitation, any municipal police department, county sheriff’s department, the California Highway Patrol, and the University of California and California State University police departments.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Source: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2020