BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 17
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          ASSEMBLY THIRD READING
          AB 17 (Swanson)
          As Amended June 1, 2009
          Majority vote 

           PUBLIC SAFETY       7-0         APPROPRIATIONS      17-0        
           
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          |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  








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            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  








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            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  








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          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 

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