BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1091|
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THIRD READING
Bill No: SB 1091
Author: Pavley (D), et al.
Amended: As introduced
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 04/17/12
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SUBJECT : Witness testimony: support persons
SOURCE : Los Angeles District Attorneys Office
DIGEST : This bill adds a number of prostitution, human
trafficking and pornography offenses to the section which
allows a victim witness to have a support person present
while testifying.
ANALYSIS : Existing law provides that a prosecuting
witness in specified cases may have up to two persons of
his or her own choosing for support at the preliminary
hearing and at trial, or at a juvenile court proceeding,
during the testimony of the prosecuting witness. (Penal
Code Section 868.5)
Existing law provides that the offenses for which a
prosecuting witness may have up to two support persons are:
Homicide;
Mayhem;
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Aggravated mayhem;
Kidnapping;
Robbery;
Carjacking;
Assault with intent to commit mayhem, rape etc.
Assault;
Battery;
Sexual Battery;
Assault with a deadly weapon;
Rape;
Spousal rape;
Willful harm to a child;
Corporal punishment of a child;
Willful infliction of corporal injury;
Violation of a court order;
Kidnap from a lawful custodial caregiver;
Incest;
Sodomy;
Lewd and lascivious acts with a child;
Continual sexual abuse;
Forcible sexual penetration;
Annoying or molesting a child;
Indecent exposure, and
Specified offenses against and elder or dependent
adult. (Penal Code Section 868.5)
This bill adds specified crimes relating to human
trafficking, pandering, procurement, prostitution,
aggravated sexual assault against a child and child
pornography to the crimes for which a prosecuting witness
may have up to two support persons while testifying.
Support Person for Victim of Pandering and Prostitution
Related Offenses
This bill adds the following provisions to those sections
which permits the prosecuting witness to have a support
person while he or she testifies:
Human trafficking. (Penal Code Section 236.1)
Procuring a person under 18 for the purpose of
prostitution. (Penal Code Section 266)
Taking a person against his or her consent or by
misrepresentation for the purpose of prostitution.
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(Penal Code Section 266a)
Taking another person against his or her will and
compelling him to live with another person in an
illicit relation against his or her consent. (Penal
Code Section 266b)
Inducing the Commission of a sexual act through
false representation creating fear. (Penal Code
Section266c)
Pandering. (Penal Code Section 266d)
Hiring a panderer. (Penal Code Section 266e)
Selling a person for illicit use. (Penal Code
Section 266f)
Prostituting one's wife. (Penal Code Section 266g)
Pimping. (Penal Code Section 266h)
The punishment provision of pandering. (Penal Code
Section 266i)
Providing or transporting a child under the age of
16 for the purpose of a lewd or lascivious act. (Penal
Code Section 266j)
An additional fine for a conviction of pimping,
pandering or supplying a child under 16 for a lewd and
lascivious act. (Penal Code Section 266k)
Abduction of a person under the age of 18 for the
purposes of prostitution. (Penal Code Section 267)
Aggravated sexual assault of a child. (Penal Code
Section 269)
Bringing child pornography in to the state. (Penal
Code Section 311.1)
Bringing obscene matter into or distributing it in
the state. (Penal Code Section 311.2)
Developing, duplicating, printing or exchanging
obscene matter depicting sexual conduct of a person
under 18. (Penal Code Section 311.3)
Using a minor to assist in the distribution of
obscene matter. (Penal Code Section 311.4)
Advertising obscene matter. (Penal Code
Section311.5)
Engaging in obscene live conduct. (Penal Code
Section 311.6)
Punishment for distributors of obscene matter
depicting person under age 18. (Penal Code Section
311.10)
Possession or control of matter, representation, of
information, data, or image depicting sexual conduct
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of a person under age 18. (Penal Code Section 311.11)
Support Person for Victims of Human Trafficking,
Prostitution and Pornography
This bill adds 22 additional sections to the list of
sections for which a victim may have a support person with
him or her when he or she testifies in a trial. The
sections include crimes relating to human trafficking,
pimping, pandering, child pornography and obscene matter.
The author's background states that:
The victims in child pornography cases are in need of
the protection and comfort from a support person.
Victims in child pornography cases, if called to
testify have to recount horrific experiences. They may
not have been touched by the charged defendant, but
the circumstances about which they would have to
testify are extremely sensitive and demeaning.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 4/19/12)
Los Angeles District Attorney's Office (source)
California District Attorneys Association
California Police Chiefs Association
Coalition to Abolish Slavery and Trafficing
Crime Victims United of California
Junior Leagues of California State Public Affairs Committee
ARGUMENTS IN SUPPORT : According to the author:
Some of the most important cases investigators,
prosecutors and judges will handle during the course
of their careers are those involving child victims and
witnesses. The stakes are incredibly high. What
happens to these children has a significant impact
both on individual children and on the overall safety
and well-being of communities.
While many crime victims and witnesses are entitled to
trial assistance in the form of support persons during
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their testimony in certain criminal cases, victims of
child pornography, human trafficking and pimping and
pandering are not permitted this form of assistance.
This lack of support during criminal trials can
further traumatize children and jeopardize prosecution
of sex crimes committed against children.
Being involved in a case as a victim or witness is
intimidating and stressful for adults; children find
it even more terrifying.
Tragically, there has been a significant increase in
the proliferation of sex crimes, and in particular,
child pornography in California and throughout the
nation. The National Center for Missing and
Exploited Children's Child Victim Identification
Program has received over one million Cyber Tip
reports from the public and electronic service
providers since 1998.
This is a disturbing trend that must be addressed on a
variety of fronts. Victims in child pornography and
other sex crime cases are in need of protection and
the comfort of a support person. If they are called
to testify, they have to recall horrific experiences.
According to the Los Angeles District Attorney's
Office, SB 1091 could help provide humane support to
witnesses critical in the prosecution of approximately
126 pornography cases, 97 prostitution cases and 3
human trafficking cases in Los Angeles County alone.
SB 1091 is intended to make the process less traumatic
for children of specified crimes and violence, will
enhance the ability of the child to participate
effectively and will increase the chances of a
successful outcome to the investigation and
prosecution.
RJG:nld 4/23/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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