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AB 1317

Asset forfeiture: human trafficking.

2025-2026 Regular Session Introduced by Stephanie Nguyen

Expands asset forfeiture in human trafficking to all cases involving a commercial sex act, regardless of victim age, while preserving protections for innocent owners.

In committee: Set, first hearing. Hearing canceled at the request of author.
#assetforfeiture #humantrafficking
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Bill Summary · AB 1317

AB 1317 — Asset forfeiture: human trafficking (Nguyen) — Summary

Status: Introduced Feb 21, 2025. Referred to Assembly Public Safety Committee; set for first hearing (Mar 27, 2025) which was canceled at the author’s request. Amended and re‑referred to Pub. S. Fiscal committee review required; no appropriation.

Purpose / Intent

AB 1317 updates California’s asset‑forfeiture provisions tied to human trafficking prosecutions. Its primary substantive change is to make the existing forfeiture and forfeiture‑procedure authorities that now apply when a victim is a minor (under 18) applicable to all human‑trafficking offenses that involve a “commercial sex act,” regardless of the victim’s age. The bill also makes technical, nonsubstantive edits to related Penal Code sections.

Key provisions / changes

  • Expands the class of human‑trafficking cases eligible for asset forfeiture: forfeiture provisions previously limited to trafficking of minors for commercial sex acts are made applicable to any human‑trafficking offense that involves a commercial sex act (as defined in Penal Code §236.1(g)(2)), irrespective of victim age.
  • Identifies forfeitable property: vehicles, boats, airplanes, money, negotiable instruments, securities, real property, and other things of value used to facilitate the trafficking or acquired through/received in exchange for proceeds of the offense.
  • Applies existing forfeiture procedures (Penal Code §§236.8–236.12): notice and service requirements, lis pendens for real property, publication if personal service isn’t possible, and the special procedural steps that may include pendente lite orders.
  • Pendente lite remedies: authorizes injunctions to freeze assets, appointment of a receiver to manage seized property, and other measures to preserve property pending resolution.
  • Protections/exceptions retained: real property used as a family residence or owned in part by an innocent co‑owner is not forfeitable; a community property vehicle that is the sole vehicle for an immediate family member may be protected; seizure of real property generally requires notice and a preliminary hearing absent exigent circumstances.
  • Burden at seizure hearing: prosecution must establish probable cause that forfeiture is appropriate and that seizure is necessary to preserve the property.
  • No requirement to prove a pattern of criminal profiteering for these forfeitures.

Who is affected

  • Defendants convicted of human trafficking involving a commercial sex act (now including cases with adult victims).
  • Property owners, lienholders, co‑owners, and third parties with interests in property alleged to facilitate trafficking (subject to notice, claims, and statutory protections).
  • Prosecuting agencies and courts (must follow the specified procedures for notice, lis pendens, hearings, and potential receivership).
  • Potential indirect impact on enforcement strategies and victims’ restitution processes.

Procedural / timeline notes

  • Bill amends Penal Code §§236.7, 236.8, and 236.10.
  • Legislative actions to date: introduced 2/21/2025; read 1st time 2/24/2025; amended and re‑referred to Public Safety 3/24/2025; set for committee hearing 3/27/2025 (hearing canceled at author’s request).
  • Classified “majority” vote; fiscal committee review indicated; no direct appropriation included in digest.

This bill broadens asset‑forfeiture tools available in human‑trafficking prosecutions by removing the existing age limitation for commercial‑sex trafficking cases while retaining procedural safeguards for innocent owners and limits on seizure.

Compiled from official sources — confirm details with the bill’s official record.

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