BILL ANALYSIS
SB 1279
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SENATE THIRD READING
SB 1279 (Pavley)
As Amended April 20, 2010
Majority vote
SENATE VOTE :32-0
PUBLIC SAFETY 7-0
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|Ayes:|Ammiano, Hagman, Beall, | | |
| |Gilmore, Hill, | | |
| |Portantino, Skinner | | |
| | | | |
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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,
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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.
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.
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.
FISCAL EFFECT : None
COMMENTS : 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
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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 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."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Milena Nelson / PUB. S. / (916)
319-3744
FN: 0004869
SB 1279
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