County Supervisor's Proposal On Protecting Trafficking Victims Fails To Advance

SAN DIEGO, CA — A San Diego County supervisor's proposal to support repealing a law he says has hampered efforts against sex trafficking failed to advance Wednesday.

Supervisor Jim Desmond's motion to make changing Senate Bill 357 part of the county's Legislative Program Sponsorship Proposals section, did not receive a second during Wednesday's meeting.

Passed in 2022, SB 357 repealed the law criminalizing "loitering with the intent to commit prostitution."

The law focused on reducing discrimination against LGBTQ+ individuals and people of color. It also let people seal past records in connection with arrests and convictions for loitering with intent to engage in prostitution.

Desmond said SB 357 had good intentions, but has "tied the hands of our law enforcement officers so they can no longer arrest possible victims of human trafficking to further investigate, to determine whether or not they are victims."

He added the law "has also emboldened traffickers and buyers who operate in plain sight, knowing that law enforcement is unable to intervene."

Desmond said in a statement he was "deeply disappointed" that his proposal didn't receive board support, but will continue efforts to repeal SB 357, "because laws that shield traffickers and leave children vulnerable are unacceptable."

"Human trafficking is happening on our streets here in San Diego," Desmond said. "It generates more than $810 million a year in our underground economy, impacts an estimated 8,000 victims annually, and the average victim is just 16 years old."

Desmond said it was better to support Assembly Bill 379, which was signed into law last year with the goal of combating human trafficking.

That law makes loitering (with intent to purchase sex), a misdemeanor and imposes felony penalties for soliciting minors, increases business compliance for trafficking and creates a victims' support fund.

The board last year supported a resolution in favor of AB 379, which took effect this month, Supervisor Monica Montgomery Steppe said, going on to add that because Desmond's proposal was redundant she wouldn't support it.

Supervisor Paloma Aguirre said she agrees with Desmond on having safer neighborhoods and protecting minors, but any action on SB 357 would be moot.

Aguirre said that AB 379 is focused on prosecuting traffickers and stronger penalties for those exploiting minors and children, without criminalizing victims.

During public comment, several residents said they were in favor of Desmond's push to repeal SB 357.

A woman said she hopes any change in the law would include stronger penalties for indecent exposure.

She added that while at a town hall coffee around 11 a.m., she saw a person walking on the sidewalk with her buttocks exposed and could only imagine how this might impact parents walking with their children.

Another resident said he knew of a teenager being trafficked, who most likely trying to escape.

"We saw her get beaten, and these children need to be protected," he added.

A woman who called in said she was a trafficking survivor, and suggested it would be better to provide resources and training to law enforcement.

She said bringing back loitering laws would only allow the legal system to target women, especially women of color.

She added that she knows what it what it's like to be "watched and questioned and punished for simply existing in public spaces."

— City News Service