BILL ANALYSIS Ó
AB 799
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ASSEMBLY THIRD READING
AB 799 (Swanson)
As Amended April 11, 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 :
1) Repeals the repeal date from January 1, 2017.
2) Requires that the District Attorney for the County of
Alameda submit a report to the Legislature outlining the
actions taken pursuant to this program. The report shall be
submitted prior to April 1, 2016. The report shall include
the following:
a) The number of sexually exploited minors diverted by the
program.
b) A summary of the types of services and alternate
treatments provided to minors by the program.
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
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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
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
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Legislative Counsel.
COMMENTS : According to the author, "AB 499 Ý(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
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 Ý(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
FN: 0000224
AB 799
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