BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1279|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 1279
Author: Pavley (D), et al
Amended: 4/20/10
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/13/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SUBJECT : Sexually exploited minors pilot project Los
Angeles
County
SOURCE : Childrens Advocacy Institute, Inc.
DIGEST : This bill, until January 1, 2014, authorizes a
discretionary pilot project in Los Angeles County to
encourage the development of a comprehensive,
multidisciplinary model reflecting the best practices for
the response of law enforcement and the criminal and
juvenile justice systems to identify, assess and address
the needs of commercially sexually exploited children who
have been arrested or detained by local law enforcement for
prostitution crimes, as specified.
ANALYSIS : Existing law expressly authorizes Alameda
County, contingent upon local funding, to "establish a
pilot project to develop a comprehensive, replicative,
multidisciplinary model to address the needs and effective
treatment of commercially sexually exploited minors who
CONTINUED
SB 1279
Page
2
have been arrested or detained by local law enforcement
for" prostitution crimes, as specified. These provisions
sunset January 1, 2010.
This bill authorizes an identical pilot project for the
County of Los Angeles, the provisions of the bill sunset on
January 1, 2014.
Prior Legislation
AB 499 (Swanson), 36-0, 8/5/08, Chapter 359, Statutes of
2008.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 4/20/10)
Children Advocacy Institute, Inc. (source)
American Congress of Obstetricians and Gynecologists,
District IX,
California
California Communities United Institute
California District Attorneys Association
California Teachers Association
Crittenton Services for Children and Families
Los Angeles District Attorney's Office
ARGUMENTS IN SUPPORT : The author's office states, under
current law, when an adult has consensual sexual relations
with a minor, the adult is subject to criminal prosecution,
and as a matter of law, the minor is deemed too young to
consent to such relations. They are considered a victim
under the law. This is not the case when money is
exchanged for sexual activity however. In a case where an
adult pays a minor in exchange for sexual activities, that
minor is eligible for charges of prostitution.
This is a grave injustice in many cases where minors are
forcibly coerced and manipulated, often by an adult, into
selling their bodies for the benefit of their pimps.
Untold numbers of children fall victim to predatory adults
who sexually exploit them for commercial gain in this
SB 1279
Page
3
manner, and who very often abuse these minors in
unspeakably brutal ways. Currently, exploited minors often
go through the juvenile justice system with little
opportunity for rehabilitation and healing that is specific
to their needs.
Following the collaborative diversion efforts which were
spurred in Alameda County by AB 499 (Swanson) from 2008,
and are currently set to be fully integrated in that county
this summer, this bill seeks to address the specialized
needs of commercially sexually exploited minors in a manner
which focuses on rehabilitation rather than
criminalization. This bill authorizes a similar pilot
project specific to the needs and capacity of Los Angeles
County, and contingent upon local funding.
Additionally, in light of the fact that Federal Grants are
made available through the Department of Justice and other
Departments to local governments and entities for the
purposes of combating human trafficking and the commercial
sexual exploitation of minors, it is the intent and hope of
this legislation that Los Angeles County will be
competitive for any such grants or other sources of funding
in the future.
In California it is a crime to recruit children, pimp
children or pander children for the purpose of
prostitution. However, with the exception of the pilot
program in Alameda County, California does not treat
children involved in these acts of prostitution as victims.
It is imperative that California change that approach, and
using Alameda County's efforts as a very effective
beginning, this bill seeks to expand and build upon that
approach in Los Angeles County. It is imperative that as
many exploited children as possible are given the chance to
have a normal life in California, and this bill seeks to
increase those chances.
RJG:do 4/21/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
SB 1279
Page
4