BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 799
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 799 (Swanson)
          As Introduced  February 17, 2011
          Majority vote 

           PUBLIC SAFETY       7-0                                         
           
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          |Ayes:|Ammiano, Knight, Cedillo, |     |                          |
          |     |Hagman, Hill, Mitchell,   |     |                          |
          |     |Skinner                   |     |                          |
          |     |                          |     |                          |
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           SUMMARY  :   Extends the repeal date of a provision in existing 
          law that authorizes the Alameda County District Attorney to 
          create a pilot project, contingent upon local funding, for the 
          purposes of developing a comprehensive, replicative, 
          multidisciplinary model to address the needs and effective 
          treatment of commercially sexually exploited minors, as 
          specified.  Specifically,  this bill  changes the repeal date from 
          January 1, 2012 to January 1, 2017.

           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.  

             3)   Creates a sunset date for the Alameda County pilot 
               project of January 1, 2012.  

             4)   States that "sexual exploitation" refers to a person who 
               knowingly promotes, aids, or assists, employs, uses, 
               persuades, induces, or coerces a child, or a person 
               responsible for the welfare of a child, who knowingly 
               permits or encourages a child to engage in, or assist 








                                                                  AB 799
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               others 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. 
                

             5)   Defines the following as "disorderly conduct," a 
               misdemeanor:

             a)   Solicitation of any person to engage in or who engages 
               in lewd or dissolute conduct in a public place or in any 
               place open to the public or exposed to public view; and, 

             b)   Solicitation or agreement to engage in or engagement in 
               an 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 a lewd act between 
               persons for money or other consideration.

             6)   Prohibits loitering in any public place with the intent 
               to commit prostitution.    

           FISCAL EFFECT :   Unknown.  This bill is keyed non-fiscal by the 
          Legislative Counsel.

           COMMENTS  :   According to the author, "AB 499 (Swanson), Chapter 
          359, Statutes of 2008] opened a very important door for 
          commercially sexually exploited children (CSEC) in Alameda 
          County as well as other children trafficked from other counties 
          and states into Oakland, which is widely recognized as an 
          epicenter of child sex trafficking.  As a result of the passage 
          of AB 499, the Alameda County District Attorney's Office 
          (A.C.D.A.O.) has been able to develop a comprehensive system 
          response that directs CSEC away from the criminal justice system 








                                                                  AB 799
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          and into programs offering specialized services essential for 
          the stabilization, safety, and recovery of these vulnerable 
          children. 

          "By acknowledging that commercially sexually exploited children 
          (CSEC) are victims, and not criminals, AB 499 sends an important 
          message that brings our entire state one step closer towards 
          combating one of the most serious epidemics threatening our 
          youth -- the sale of children for sex.  AB 499 codifies what is 
          considered a "Best Practice" in Alameda County and now in other 
          parts of our state as well, directing minors away from 
          prosecution and incarceration and into a diversion program that: 
           acknowledges their victimization, responds to their specific 
          experience, involves them in programs designed to empower and 
          heal them, and offers them services designed to meet their 
          specialized needs.  

          "As a result of the passage of AB 499, other jurisdictions are 
          now also implementing the best practices codified in this pilot 
          program, which is now considered a model throughout our State.  
          Most recently, Los Angeles County spearheaded SB 1279 (Pavley), 
          Chapter 116, Statutes of 2010], which passed and replicates AB 
          499.  Los Angeles County officials have also requested technical 
          assistance from Alameda County to implement a compatible model 
          for responding to CSEC cases in their jurisdiction.  The 
          extension of AB 499 will provide continued inspiration for other 
          jurisdictions to codify and implement this best practice."

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

          Analysis Prepared by  :    Stefani Salt / PUB. S. / (916) 319-3744 



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