BILL ANALYSIS AB 17 Page 1 ASSEMBLY THIRD READING AB 17 (Swanson) As Amended June 1, 2009 Majority vote PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Solorio, Hagman, |Ayes:|De Leon, Nielsen, | | |Furutani, Gilmore, Hill, | |Ammiano, | | |Ma, Skinner | |Charles Calderon, Davis, | | | | |Duvall, Fuentes, Hall, | | | | |Harkey, Miller, | | | | |John A. Perez, Price, | | | | |Skinner, | | | | |Solorio, Audra | | | | |Strickland, Torlakson, | | | | |Krekorian | ----------------------------------------------------------------- SUMMARY : Modifies several provisions related to the sexual exploitation of minors. Specifically, this bill : 1)Adds abduction or procurement by fraudulent inducement for prostitution to the list of crimes for which a forfeiture of assets can be sought for criminal profiteering. 2)Creates an additional fine not to exceed $20,000 for procurement of a minor for prostitution and abduction of a minor for prostitution 3)Specifies that 50% of the additional fines collected up to $20,000 shall be deposited in the Victim-Witness Assistance Fund and shall be granted to community-based organizations that serve minor victims of human trafficking. EXISTING LAW : 1)The Office of Emergency Services shall provide grants to proposed and existing child sexual exploitation and child sexual abuse victim counseling centers and prevention programs. Grant recipients shall provide appropriate in-person counseling and referral services during normal business hours, and maintain other standards or services which AB 17 Page 2 shall be determined to be appropriate by the advisory committee established pursuant to Penal Code Section 13836 as grant conditions. The advisory committee shall identify the criteria to be utilized in awarding the grants provided by this chapter before any funds are allocated. In order to be eligible for funding pursuant to this chapter, the centers shall demonstrate an ability to receive and make use of any funds available from governmental, voluntary, philanthropic, or other sources which may be used to augment any state funds appropriated for purposes of this chapter. Each center receiving funds pursuant to this chapter shall make every attempt to qualify for any available federal funding. State funds provided to establish centers shall be utilized when possible, as determined by the advisory committee, to expand the program and shall not be expended to reduce fiscal support from other public or private sources. The centers shall maintain quarterly and final fiscal reports in a form to be prescribed by the administering agency. In granting funds, the advisory committee shall give priority to centers which are operated in close proximity to medical treatment facilities. 2)States that upon the conviction of any person for pimping, pandering, or procurement, the court may, in addition to any other penalty or fine imposed, order the defendant to pay an additional fine not to exceed $5,000. In setting the amount of the fine, the court shall consider any relevant factors including, but not limited to, the seriousness and gravity of the offense and the circumstances of its commission, whether the defendant derived any economic gain as the result of the crime, and the extent to which the victim suffered losses as a result of the crime. Every fine imposed and collected under this section shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund child sexual exploitation and child sexual abuse victim counseling centers and prevention programs. If the court orders a fine to be imposed pursuant to this section, the actual administrative cost of collecting that fine, not to exceed 2% of the total amount paid, may be paid into the general fund of the county treasury for the use and benefit of the county. 3)States that any person who, knowing another person is a prostitute, lives or derives support or maintenance in whole AB 17 Page 3 or in part from the earnings or proceeds of the person's prostitution, or from money loaned or advanced to or charged against that person by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, or who solicits or receives compensation for soliciting for the person, is guilty of pimping, a felony, and shall be punishable by imprisonment in the state prison for three, four, or six years. 4)Provides that any person who, knowing another person is a prostitute, lives or derives support or maintenance in whole or in part from the earnings or proceeds of the person's prostitution, or from money loaned or advanced to or charged against that person by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, or who solicits or receives compensation for soliciting for the person, when the prostitute is a minor, is guilty of pimping a minor, a felony, and shall be punishable as follows: a) If the person engaged in prostitution is a minor over the age of 16 years, the offense is punishable by imprisonment in the state prison for three, four, or six years. b) If the person engaged in prostitution is under 16 years of age, the offense is punishable by imprisonment in the state prison for three, six, or eight years. FISCAL EFFECT : According to the Assembly Appropriations Committee, negligible increase in fine revenue, with corresponding increase in funding to programs for victims of human trafficking. Over the past two years, only six persons were committed to state prison for the relevant sections addressed in this bill. COMMENTS : According to the author, "We are facing a modern day slave trade in our cities across this state and across the nation. Countless children, from foster youth to runaways from more affluent neighborhoods are being trapped, sold and mercilessly abused for profit. There are even reports that the number of children kidnapped for sexual exploitation have increased. Current financial penalties against traffickers are failing to stem the growing trade in underage youth. We need to AB 17 Page 4 make this enterprise a losing proposition for everyone involved." Please see the policy committee for a full discussion of this bill. Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0001277