California Penal Code 236.21 – (a) (1) A victim of human trafficking or abuse, as defined …
(a) (1) A victim of human trafficking or abuse, as defined in Section 236.1 of this code or § 1038.2 of the Evidence Code, has the right to have a human trafficking advocate and a support person of the victim’s choosing present at an interview by a law enforcement authority, prosecutor, or the suspect’s defense attorney. The law enforcement officer or prosecutor may exclude the support person from the interview if the law enforcement officer or prosecutor believes that the support person’s presence would be detrimental to the process.
(2) Prior to being present at an interview conducted by a law enforcement authority, prosecutor, or the suspect’s defense attorney, a human trafficking advocate shall advise the victim of applicable limitations on the confidentiality of communications between the victim and the human trafficking advocate.
Terms Used In California Penal Code 236.21
- Defense attorney: Represent defendants in criminal matters.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: includes a corporation as well as a natural person. See California Penal Code 7
(3) For purposes of this section, the following definitions apply:
(A) “Human trafficking advocate” means a person employed by an organization specified in § 1038.2 of the Evidence Code.
(B) “Support person” means a family member or friend of the survivor and does not include the human trafficking advocate.
(b) (1) Prior to the commencement of the initial interview by a law enforcement authority or a prosecutor pertaining to a criminal action arising out of a human trafficking incident, a victim of human trafficking or abuse, as defined in Section 236.1 of this code or § 1038.2 of the Evidence Code, shall be notified orally or in writing by the attending law enforcement authority or prosecutor that the victim has the right to have a human trafficking advocate and a support person of the victim’s choosing present at the interview.
(2) At the time the victim is advised of their rights under paragraph (1), the attending law enforcement authority or prosecutor shall also advise the victim of the right to have a human trafficking advocate and a support person present at an interview by the suspect’s defense attorney or investigators or agents employed by the suspect’s defense attorney.
(3) This subdivision applies to investigators and agents employed or retained by law enforcement or the prosecutor.
(c) An initial investigation by law enforcement to determine whether a crime has been committed and the identity of the suspects does not constitute a law enforcement interview for purposes of this section.
(Added by Stats. 2023, Ch. 109, Sec. 1. (SB 376) Effective January 1, 2024.)