Text of AB22 (Enter AB22 in form) to read the entire bill.

 Link to all our original questions

 1. Focus on the sex industry rather than all contexts of forced labor

Although this revision of AB22 clearly addresses forced labor, and does not make the same mistakes cited in our criticism of earlier versions, the AB22 remains skewed in a sensationalist in its emphasis. Prominence of sex industry related businesses obscures the reality that most trafficking occurs outside of the sex industry. (However, I am told thatthe prioritization of sex work related contexts is not supposed to influence enforcement priorities.)

SEC. 7. Section 236.1 is added to the
Penal Code , to read:
236.1.
(a) Any person who deprives or violates the personal liberty of
another with the intent to effect or maintain a felony violation of
Section 266, 266h, 266i, 267, 311.4, or Section 518, or to obtain
forced labor or services, is guilty of human trafficking.

2. Confidentiality is not sufficiently secure for this population

Article 8.8. Human Trafficking Victim-Caseworker Privilege
1038.

As Michael Foley of SWOP pointed out this language is particularly problematic. Although this is currently Article 1037 Evidence Code in domestic violence cases, there is additional reason that a caseworker and client may be at odds, regarding documentation of immigrants.

1038.1.
(b) A human trafficking caseworker shall inform a trafficking
victim of any applicable limitations on confidentiality of
communications between the victim and the caseworker. This
information may be given orally.

SWOP asks, "Why doesn't this need to be in writing? This is a dangerous claus."
Leigh: Especially when there are issues of migrants and language.

1038.1.
(a) The court may compel disclosure of information received by a
human trafficking caseworker that constitutes relevant evidence of
the facts and circumstances involving a crime allegedly perpetrated
against the victim and that is the subject of a criminal proceeding,
if the court determines that the probative value of the information
outweighs the effect of disclosure of the information on the victim,
the counseling relationship, and the counseling services.
The court may compel disclosure if the victim is either dead or not the
complaining witness in a criminal action against the perpetrator.

Michael Foley of SWOP points out 'Creating a confidentiality agreement with limitations is not confidentiality at all.'
Leigh-The court will find this probative according to Attorney Cynthia Chandler, especially in cases like this. The language in these sections exactly matches language of domestic violence, but this issue requires different standards.

the context:

Article 8.8. Human Trafficking Victim-Caseworker Privilege
1038.
(a) A trafficking victim, whether or not a party to the action,
has a privilege to refuse to disclose, and to prevent another from
disclosing, a confidential communication between the victim and a
human trafficking caseworker if the privilege is claimed by any of
the following persons:
(1) The holder of the privilege.
(2) A person who is authorized to claim the privilege by the
holder of the privilege.
(3) The person who was the human trafficking caseworker at the
time of the confidential communication. However, that person may not
claim the privilege if there is no holder of the privilege in
existence or if he or she is otherwise instructed by a person
authorized to permit disclosure. The human trafficking caseworker who
received or made a communication subject to the privilege granted by
this article shall claim the privilege whenever he or she is present
when the communication is sought to be disclosed and he or she is
authorized to claim the privilege under this section.
(b) A human trafficking caseworker shall inform a trafficking
victim of any applicable limitations on confidentiality of
communications between the victim and the caseworker. This
information may be given orally.
 
1038.1.
(a) The court may compel disclosure of information received by a
human trafficking caseworker that constitutes relevant evidence of
the facts and circumstances involving a crime allegedly perpetrated
against the victim and that is the subject of a criminal proceeding,
if the court determines that the probative value of the information
outweighs the effect of disclosure of the information on the victim,
the counseling relationship, and the counseling services.
The court may compel disclosure if the victim is either dead or not the
complaining witness in a criminal action against the perpetrator.