BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 90| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 90 Author: Swanson (D), et al. Amended: 8/16/11 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 7/5/11 AYES: Hancock, Anderson, Calderon, Harman, Liu, Price, Steinberg SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 79-0, 5/31/11 - See last page for vote SUBJECT : Human trafficking: minors SOURCE : Alameda County Board of Supervisors DIGEST : This bill (1) provides that any crime in which the defendant persuaded or induced a minor to engage in a commercial sex act can be the basis of criminal profiteering asset forfeiture; (2) provides that any crime in which the defendant coerced or forced a minor to engage in a commercial sex act can be the basis of criminal profiteering asset forfeiture; (3) defines a commercial sex act as sexual conduct for which anything of value is given or received by any person; and (4) provides that the proceeds of criminal asset forfeiture in such cases be used for programs to assist minors who are sexually exploited or the victims of human trafficking, as specified. CONTINUED AB 90 Page 2 ANALYSIS : Existing law includes the criminal profiteering asset forfeiture law. Criminal profiteering forfeiture applies where the defendant is convicted of a specified offense and the defendant has engaged in a pattern of criminal profiteering activity, as specified. (Penal Code Section 186.3.) The following assets or property is subject to forfeiture: Any property interest whether tangible or intangible, acquired through a pattern of criminal profiteering activity. All proceeds of a pattern of criminal profiteering activity, which property shall include all things of value that may have been received in exchange for the proceeds immediately derived from the pattern of criminal profiteering activity. Existing law states that forfeited cash and proceeds of the sale of forfeited property shall be distributed as follows: To the bona fide or innocent purchaser, conditional sales vendor, or holder of a valid lien, mortgage, or security interest, up to the amount of his or her interest in the property or proceeds, as specified. To the Department of General Services or local governmental entity for all expenditures incurred in connection with the sale of the forfeited property. To the State General Fund or the general fund of the local governmental entity, whichever prosecutes. (Penal Code Section 186.8), except in the child pornography or recycling fraud cases. In a case of fraud involving the state recycling program, to a special fund designated in the Public Resources Code. In the case of child pornography crimes, to the county children's trust fund or State Children's Trust Fund. In a case involving human trafficking of minors for AB 90 Page 3 purposes of prostitution or lewd conduct, or a case of procurement of a minor, to the Victim-Witness Assistance Fund for child sexual exploitation and abuse counseling and prevention programs. Fifty percent of the funds shall be granted to community-based organizations that serve minor victims of human trafficking. Existing law includes human trafficking (Penal Code Section 236.1) in the list of crimes for which a forfeiture of assets can be sought for criminal profiteering. (Penal Code Section 186.2, subd. (a)(28).) Existing law includes 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. (Penal Code Section 186.2, subd. (a)(31).) Existing law includes numerous crimes concerning sexual exploitation of minors for commercial purposes. These crimes include: Pimping: Deriving income from the earnings of a prostitute, deriving income from a place of prostitution, or receiving compensation for soliciting a prostitute. Where the victim is a minor under the age of 16, the crime is a punishable by a prison term of three, six or eight years. (Penal Code Section 266h, subds. (a)-(b)) Pandering: Procuring another for prostitution, inducing another to become a prostitute, procuring another person to be placed in a house of prostitution, persuading a person to remain in a house of prostitution, procuring another for prostitution by fraud, duress or abuse of authority, and commercial exchange for procurement. (Penal Code Section 266i,subd. (a)) Procurement: Transporting or providing a child under 16 to another person for purposes of any lewd or lascivious act. The crime is punishable by a prison term of three, six, or eight years, and by a fine not to exceed $15,000. (Penal Code Section 266j) Taking a minor from her/his parents or guardian for AB 90 Page 4 purposes of prostitution. This is a felony punishable by a prison term of 16 months, two years, or three years and a fine of up to $2,000. (Penal Code Section 267) Child pornography production: Using a minor to assist in the making of child pornography for commercial purposes is a felony, with a prison term of three, six, or eight years. (Penal Code Section 311.4, subd. (b)) This bill provides that any case in which the defendant persuaded, induced, coerced or forced a minor to engage in a commercial sex act sex can be the basis of criminal profiteering asset forfeiture, as specified. This bill provides that the proceeds of criminal profiteering in cases of commercial sexual exploitation of minors, as specified, shall be distributed to the Victim-Witness Assistance Fund for child sexual exploitation and abuse counseling and prevention programs. 50 percent of the funds shall be granted to community-based organizations that serve minor victims of human trafficking. This bill defines a commercial sex act as any sexual conduct on account of which anything of value is given or received by any person. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 8/15/11) Alameda County Board of Supervisors (source) Alameda County District Attorney California Catholic Conference California Coalition for Youth California District Attorneys Association California Narcotic Officers' Association California Nurses Association California Police Chiefs Association California State Sheriffs' Association Child Abuse Prevention Center Crime Victims United of California Los Angeles County District Attorney AB 90 Page 5 National Association of Social Workers, California Chapter ARGUMENTS IN SUPPORT : 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. Studies show that more than 300,000 children are being bought and sold into sexual slavery each year. And those numbers are on the rise due to the state of our economy, decreased prison rehabilitation efforts, and the resulting trend of drug dealers turning to pimping as a more profitable business with less risk of conviction. It is time that we treat the young victims of sexual exploitation that we find wandering the streets of Broadway with the same care, sensitivity, and legal protection that we provide a young victim found in a classroom in the suburbs. AB 90 moves our state and its law toward this important goal by re-characterizing laws relating to modern day slavery, properly categorizing the predators, and providing resources to the victims." ASSEMBLY FLOOR : 79-0, 5/31/11 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Gorell RJG:do 8/15/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE AB 90 Page 6 **** END ****