BILL NUMBER: AB 17	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Swanson

                        DECEMBER 1, 2008

   An act to add Sections 266m and 266n to the Penal Code, relating
to sex offenses, declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 17, as introduced, Swanson. Prostitution: solicitation,
pimping, and pandering.
   Under existing law, a person who is convicted of human trafficking
where the victim is under 18 years of age is punishable by
imprisonment in the state prison. A person convicted of soliciting or
agreeing to engage in an act of prostitution is guilty of a
misdemeanor, punishable by imprisonment in the county jail for up to
6 months and a fine of up to $1,000. Under existing law, a person who
is convicted of pimping, pandering, or procurement of a child under
16 years of age is guilty of a felony, punishable by imprisonment in
the state prison and a fine of up to $15,000. In addition, under
existing law, the court may impose a fine of up to $5,000 on a person
convicted of pimping, pandering, or procuring a child under 16 years
of age for any of those purposes, the proceeds of which are
deposited into the Victim-Witness Assistance Fund, to be made
available to child sexual exploitation and child sexual abuse victim
counseling centers and prevention programs.
   This bill would require a court to impose upon any person who
solicits another person to engage in an act of prostitution in return
for money or other consideration or who agrees to give another
person money or other consideration in return for the other person
committing an act of prostitution, in addition to any punishment
prescribed or fine imposed under other applicable provisions, a fine
of no less than $250 and no more than $2,500 per conviction, as
determined by the court. The bill would also require a court to
impose upon any person who is convicted of pimping, pandering, or
procuring of a child under 16 years of age, in addition to any other
punishment prescribed, a fine of no less than $2,500 and no more than
$250,000 per conviction, as determined by the court. In addition,
this bill would authorize the court to impound any personal property
used in the course of that unlawful conduct for a period of up to 60
days. If the person has previously been convicted of one of those
offenses, the court would be authorized to order any personal
property used in the course of committing the violation forfeited,
pursuant to specified procedures. If real property is used in a
violation of those provisions, the bill would apply to that property
existing provisions of law declaring property used for illegal
purposes to be a nuisance. By imposing additional duties on local
officials, this bill would create a state-mandated local program.
   This bill would also require each county to establish a sexually
exploited minors fund into which shall be deposited the proceeds of
those additional fines imposed or forfeitures made pursuant to the
provisions of this bill from convictions in that county. Fifty
percent of the money in that fund would be available to local law
enforcement for the enforcement of specified crimes, and 50% would be
available to community-based organizations that assist sexually
exploited minors through prevention, education, counseling, job
training, and life skills programs.
   This bill would authorize local law enforcement agencies to make
public or make available to media outlets the name and photograph of
any person who is convicted pursuant to the above provisions.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known, and may be cited as, the Human
Trafficking Accountability Act.
  SEC. 2.  Section 266m is added to the Penal Code, to read:
   266m.  (a) (1) Any person who is convicted of a violation of
Section 647.5 shall be fined, in addition to any punishment or fine
prescribed in other applicable provisions, including Section 266k, no
less than two hundred fifty dollars ($250) and no more than two
thousand five hundred dollars ($2,500) per conviction, as determined
by the court.
   (2) Any person who is convicted of a violation of Section 266h,
266i, 266j, or subdivision (c) of Section 236.1 shall be fined, in
addition to any punishment or fine prescribed in other applicable
provisions, including Sections 266h, 266i, 266j, and 266k, no less
than two thousand five hundred dollars ($2,500) and no more than two
hundred fifty thousand dollars ($250,000) per conviction, as
determined by the court.
   (3) Upon conviction of an offense subjecting a person to a fine
pursuant to paragraph (1) or (2), the court may impound any personal
property used in the course of the unlawful conduct for a period of
up to 60 days. The owner of the property shall be responsible for all
fees and charges related to the impoundment. The impoundment
procedures set forth in Section 22659.5 of the Vehicle Code shall
apply to this section.
   (b) If the person has previously been convicted of violating
Section 266h, 266i, 266j, or 647.5, the court may order any personal
property used in the course of committing the violation forfeited,
pursuant to the procedures in Section 502.01. If real property is
used, the procedures declaring the property to be a nuisance in
Article 2 (commencing with Section 11225) of Chapter 3 of Title 1 of
Part 4 shall apply.
   (c) A local law enforcement agency may make public or may make
available to media outlets the name and photograph of any person who
is subject to this section.
  SEC. 3.  Section 266n is added to the Penal Code, to read:
   266n.  (a) Each county shall establish a Sexually Exploited Minors
Fund into which shall be deposited the proceeds of any fines imposed
or forfeitures made pursuant to Section 266m from convictions in
that county. After the withdrawal of moneys pursuant to subdivision
(b), fifty percent of the money in that fund shall be available to
local law enforcement for the enforcement of crimes involving the
sexual exploitation of minors and fifty percent shall be available to
nonprofit community-based organizations that assist sexually
exploited minors through education, counseling, job training, and
life skills programs.
   (b) Money in a county's Sexually Exploited Minors Fund may be used
to reimburse the county for the reasonable administrative costs
associated with the collection of a fine imposed pursuant to Section
266m, not to exceed 2 percent of the total amount paid.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
this act provides for offsetting savings to local agencies or school
districts that result in no net costs to the local agencies or school
districts, within the meaning of Section 17556 of the Government
Code.
  SEC. 5.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to protect minors in California from current and ongoing
crimes involving sexual exploitation it is necessary that this
legislation take effect immediately.