BILL ANALYSIS
SB 1279
Page 1
Date of Hearing: June 15, 2010
Counsel: Milena Nelson
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 1279 (Pavley) - As Amended: April 20, 2010
SUMMARY : Allows the County of Los Angeles to create a pilot
project, contingent on local funding, for the purposes of
developing a comprehensive, replicative, multidisciplinary model
to address the needs and effective treatment of commercially
sexually exploited minors. Specifically, this bill :
1)Allows the Los Angeles County District Attorney to develop in
collaboration with county and community-based agencies
protocols for identifying and assessing minors who may be
victims of commercial sexual exploitation, upon their arrest
or detention by law enforcement.
2)Allows the Los Angeles County District Attorney to develop a
diversion program reflecting the best practices to address the
needs and requirements of arrested or detained minors who have
been determined to be victims of commercial sexual
exploitation.
3)Allows the Los Angeles County District Attorney to form a
multidisciplinary team including, but not limited to, city
police departments, county sheriff's department, the public
defender's officer, the probation department, child protective
services, and community-based organizations that work with or
advocate for commercially sexually exploited minors. This
team will:
a) Develop a training curriculum reflecting best practices
for identifying and assessing minors who may be victims of
commercial sexual exploitation; and,
b) Offer and provide this training curriculum through
multidisciplinary teams to law enforcement, child
protective services and others who are required to respond
to arrested or detained minors who may be victims of
commercial sexual exploitation.
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4)Defines "commercially sexually exploited minor" as a person
under the age of 18 who has been abused, as specified, and who
has been detained for a violation of the law or placed in a
civil hold for specified offenses.
5)Contains a sunset date of January 1, 2014.
EXISTING LAW :
1)Allows the Alameda County District Attorney to create a pilot
project, contingent on local funding, for the purposes of
developing a comprehensive, replicative, multidisciplinary
model to address the needs and effective treatment of
commercially sexually exploited minors. [Welfare and
Institutions Code (WIC) Section 18259.]
2)Defines "commercially sexually exploited minor" for purposes
of the Alameda County pilot project as a person under the age
of 18 who has been abused, as specified, and who has been
detained for a violation of the law or placed in a civil hold
for specified offenses. (WIC Section 18259.3.)
3)Creates a sunset date for the Alameda County pilot project of
January 1, 2012. (WIC Section 18259.5.)
4)States that "sexual exploitation" refers to any person who
knowingly promotes, aids, or assists, employs, uses,
persuades, induces, or coerces a child, or any person
responsible for the welfare of a child, who knowingly permits
or encourages a child to engage in, or assist other to engage
in, prostitution or a live performance involving obscene
sexual conduct, or to either pose or model alone or with
others for purposes of preparing a film, photograph, negative,
slide, drawing, painting or other pictorial depiction
involving obscene sexual conduct. [Penal Code Section
1165.1(c)(2).]
5)Defines the following as "disorderly conduct", a misdemeanor
(Penal Code Section 647):
a) Solicitation of any person to engage in or who engages
in lewd or dissolute conduct in any public place or in any
place open to the public or exposed to public view; and,
SB 1279
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b) Solicitation or agreement to engage in or engagement in
any act of prostitution. A person agrees to engage in an
act of prostitution when, with specific intent to so
engage, he or she manifests an acceptance of an offer or
solicitation to so engage, regardless of whether the offer
or solicitation was made by a person who also possessed the
specific intent to engage in prostitution. No agreement to
engage in an act of prostitution shall constitute a
violation of this subdivision unless some act, in addition
to the agreement, is done within this state in furtherance
of the commission of an act of prostitution by the person
agreeing to engage in that act. As used in this
subdivision, "prostitution" includes any lewd act between
persons for money or other consideration.
6)Prohibits loitering in any public place with the intent to
commit prostitution. (Penal Code Section 653.22.)
FISCAL EFFECT : None
COMMENTS :
1)Author's Statement : According to the author, "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 under Penal Code Section 647(a) or
(b), Section 653.22(a), or Section 653.23(a).
"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 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
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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 would authorize 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 per Penal
Code sections 266, 266(h), and 266(i). 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 model 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."
2)Status of Alameda County Pilot Project : According to the
Alameda County District Attorney's Web site, the pilot project
authorized under AB 499 (Swanson), Chapter 359, Statutes of
2008, is part of larger project called "H.E.A.T Watch".
H.E.A.T (Human Exploitation And Trafficking) Watch is "an
innovative, multi-level blueprint designed to combat the
H.E.A.T. epidemic victimizing our youth, plaguing our
communities, and impacting our businesses." One component of
this program, authorized by AB 499, specifically targets the
needs of minors who are victims of sexual commercially
exploitation. The program is expected to be fully operational
at the end of June 2010.
3)Prior Legislation : AB 499 (Swanson), Chapter 359, Statutes of
2008, created an identical pilot project in Alameda County.
SB 1279
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REGISTERED SUPPORT / OPPOSITION :
Support
American Congress of Obstetricians and Gynecologists
California Commission on the Status of Women
California Public Defenders Association
California Teachers Association
Children's Law Center of Los Angeles
Los Angeles District Attorney's Office
Opposition
None
Analysis Prepared by : Milena Nelson / PUB. S. / (916)
319-3744