BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                    AB 90|
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                                 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





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           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 







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            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 







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            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







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          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







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