BILL ANALYSIS                                                                                                                                                                                                    



                                                                AB 90
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        ASSEMBLY THIRD READING
        AB 90 (Swanson)
        As Amended  April 4, 2011
        Majority vote 

         PUBLIC SAFETY       7-0         APPROPRIATIONS      17-0        
         
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        |Ayes:|Ammiano, Knight, Cedillo, |Ayes:|Fuentes, Harkey,          |
        |     |Hagman, Hill, Mitchell,   |     |Blumenfield, Bradford,    |
        |     |Skinner                   |     |Charles Calderon, Campos, |
        |     |                          |     |Davis, Donnelly, Gatto,   |
        |     |                          |     |Hall, Hill, Lara,         |
        |     |                          |     |Mitchell, Nielsen, Norby, |
        |     |                          |     |Solorio, Wagner           |
        |-----+--------------------------+-----+--------------------------|
        |     |                          |     |                          |
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         SUMMARY :  Includes in the definition of "human trafficking" the 
        conduct of any person who causes, induces, encourages or persuades a 
        minor under the age of 18 to engage in a commercial sex act, as 
        specified, with the intent to effect any of the following:  pimping; 
        pandering, as specified; sexual exploitation of a child; enticement, 
        as specified; using a minor in pornography; extortion; or, 
        solicitation of prostitution.  "Commercial sex act" is defined as 
        any sexual conduct, as specified, on account of which anything of 
        value if given or received from a minor. 

         EXISTING LAW  :

        1)Provides that any person who deprives or violates the personal 
          liberty of another with the intent to effect or maintain a felony 
          violation of enticement of a minor into prostitution, pimping or 
          pandering, abduction of a minor for the purposes of prostitution, 
          extortion, or to obtain forced labor or services, is guilty of 
          human trafficking.  

        2)States human trafficking of a person over the age of 18 is 
          punishable by imprisonment in the state prison for three, four, or 
          five years.  If the victim of the trafficking was under 18 years 
          of age at the time of the commission of the offense, that offense 
          is punishable by imprisonment in the state prison for four, six, 
          or eight years.  









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        3)States unlawful deprivation or violation of the personal liberty 
          of another includes substantial and sustained restriction of 
          another's liberty accomplished through fraud, deceit, coercion, 
          violence, duress, menace, or threat of unlawful injury to the 
          victim or to another person, under circumstances where the person 
          receiving or apprehending the threat reasonably believes that it 
          is likely that the person making the threat would carry it out.  

        4)States any person who solicits or who agrees to engage in or who 
          engages in any act of prostitution is guilty of misdemeanor 
          disorderly conduct.  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 California 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.  

        5)States 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, is guilty of pimping, 
          a felony, and shall be punishable by imprisonment in the state 
          prison for three, four, or six years.  

         FISCAL EFFECT  :  According to the Assembly Appropriations Committee, 
        minor to moderate annual General Funds costs for increased state 
        prison terms, potentially in excess of $150,000 per year, to the 
        extent the expanded definition of human trafficking results in 
        additional commitments.  In 2009 and 2010 combined, 13 persons were 
        committed to state prison under this section.  If this bill results 
        in two additional persons per year receiving the six-year midterm 
        sentence, in four years the increased cost for incarceration will 
        exceed $250,000, assuming full sentence credit and $50,000 per 
        capita. 









                                                                AB 90
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        Though proponents of this bill contend it is merely a consistent 
        clarification of the intent of current law, if the clarification is 
        helpful in gaining convictions and state prison commitments, there 
        will be attendant costs.  If there are no attendant costs, there is 
        arguably no need for the clarification.  

         COMMENTS  :   According to the author, "t]here are an estimated 
        800,000 human beings trafficked for domestic, labor, and sex slavery 
        each year.  The inexpensive price of the victims and the unlikely 
        chance of criminal prosecution make this a lucrative criminal 
        endeavor at this time in history.  Our state cannot stand by and 
        watch hundreds of thousands of young children's lives ruined because 
        some criminals have found trafficking to be more lucrative and safer 
        than dealing drugs.  Our children are not a business commodity for 
        criminals to debate over.  Some of these girls are as young as 4 
        years old. 

        "As Legislators, we must do everything we can to stop the explosion 
        of slavery on our streets. 

        "AB 90 is a clean and simple fix to this complex area of law.  
        Federal law clearly states that prosecutors do not have to prove 
        force or coercion when a trafficking victim is under the age of 18.  
        State law is vague regarding force or coercion in a human 
        trafficking offense:  it requires a showing of force, yet it says 
        state law is intended to conform with federal law.  AB 90 will clean 
        up this confusion by aligning state human trafficking law with 
        federal law.  Therefore, where a person under 18 is involved, AB 90 
        will change the standard of proof to a showing that the defendant 
        "caused, induced, encouraged, or persuaded the victim.

        "This important change in the law recognizes the fact that many 
        child victims of trafficking suffer from significant physical and 
        mental health problems, including post-traumatic stress disorder, 
        depression, and trauma bonding, which creates the same kind of 
        confinement as physical coercion. 

        "AB 90 will also allow prosecutors to implement the fines and 
        forfeiture provisions passed in AB 17, providing funding to 
        community based organizations supporting sexually exploited minors." 


        Please see the policy committee for a full discussion of this bill. 









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         Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916) 319-3744 
        FN: 0000890