BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1091
                                                                  Page  1

          Date of Hearing:   June 26, 2012
          Counsel:        Gabriel Caswell


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                 SB 1091 (Pavley) - As Introduced:  February 15, 2012


           SUMMARY  :  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.  Specifically,  this bill  adds the following crimes 
          to the list of offenses for which a victim witness may have up 
          to two support witnesses:

          1)Human trafficking. 

          2)Procuring a person under 18 for the purpose of prostitution.  

          3)Taking a person against his or her consent or by 
            misrepresentation for the purpose of prostitution. 

          4)Taking another person against his or her will and compelling 
            him or her to live with another person in an illicit relation 
            against his or her consent.  

          5)Inducing the Commission of a sexual act through false 
            representation creating fear. 

          6)Pandering.  

          7)Hiring a panderer.  

          8)Selling a person for illicit use. 

          9)Prostituting one's wife.  

          10)Pimping.  

          11)The punishment provision of pandering.  

          12)Providing or transporting a child under the age of 16 for the 








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            purpose of a lewd or lascivious act. 

          13)An additional fine for a conviction of pimping, pandering or 
            supplying a child under 16 for a lewd and lascivious act.  

          14)Abduction of a person under the age of 18 for the purposes of 
            prostitution. 

          15)Aggravated sexual assault of a child.  

          16)Bringing child pornography in to the state.  

          17)Bringing obscene matter into or distributing it in the state. 


          18)Developing, duplicating, printing or exchanging obscene 
            matter depicting sexual conduct of a person under 18. 

          19)Using a minor to assist in the distribution of obscene 
            matter. 

          20)Advertising obscene matter. 

          21)Engaging in obscene live conduct. 

          22)Punishment for distributors of obscene matter depicting 
            person under age 18. 

          23)Possession or control of matter, representation, of 
            information, data, or image depicting sexual conduct of a 
            person under age 18. 

           EXISTING LAW  :  

          1)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)

          2)Provides that the offenses for which a prosecuting witness may 
            have up to two support persons are:  (Pena Code Section 868.5)

             a)   Homicide









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             b)   Mayhem

             c)   Aggravated mayhem

             d)   Kidnapping

             e)   Robbery

             f)   Carjacking

             g)   Assault with intent to commit mayhem, rape etc.

             h)   Assault

             i)   Battery

             j)   Sexual Battery

             aa)  Assault with a deadly weapon

             bb)  Rape

             cc)  Spousal rape

             dd)  Willful harm to a child

             ee)  Corporal punishment of a child

             ff)  Willful infliction of corporal injury

             gg)  Violation of a court order

             hh)  Kidnap from a lawful custodial caregiver

             ii)  Incest

             jj)  Sodomy

             aaa) Lewd and lascivious acts with a child

             bbb) Continual sexual abuse

             ccc) Forcible sexual penetration

             ddd) Annoying or molesting a child








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             eee) Indecent exposure, and

             fff) Specified offenses against and elder or dependent adult. 


           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  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 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 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. 









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            "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."     

           2)Support Person for Witness  :  Under existing law, a victim of 
            specified sex crimes, violent crimes, child abuse crimes, and 
            specified offenses against an elder or dependent adult, may 
            choose up to two support persons, one of whom may accompany 
            the witness to the witness stand.  The other may remain in the 
            courtroom.  If the person chosen is also a prosecuting 
            witness, the prosecution shall present evidence that the 
            person's attendance is both desired by the prosecuting witness 
            for support and will be helpful to the prosecuting witness and 
            the testimony of the support person should be taken before 
            they are in the court room with the prosecuting witness.  This 
            provision has been found not to violate the Confrontation 
            Clause of the Constitution.  (See People v. Adams (1993) 19 
            C.A. 4th 412, 437, 444; People v. Johns (1997) 56 C.A. 4th 
            550, 554, 555;   and generally 5 Witkin and Epstein, 
            California Criminal Law 3rd Edition Section 534).  
           
           3)Argument in Support  :  According to the  Los Angeles District 
            Attorney's Office  , "The presence of support persons helps 
            children and other vulnerable victims in what is otherwise a 
            very difficult and intimidating process.  Victims of the above 
            crimes often feel intimidated by the defendants in these 
            cases.  It is also very difficult for vulnerable victims to 
            testify regarding incidents of sexual abuse."

           4)Prior Legislation  :  SB 1343 (Battin), Chapter 48, Statutes of 
            2008, added specified crimes against elder and dependent 
            adults to the list of offenses for which a prosecuting witness 
            who is an elder or dependent adult, may have up to two support 
            persons during the witness testimony.   
           
          REGISTERED SUPPORT / OPPOSITION  :   









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          Support 
           
          California Communities United Institute 
          California District Attorneys Association
          California Police Chief's Association
          California Teachers Association
          Children's Rights Project 
          City of Los Angeles 
          Coalition to Abolish Slavery and Trafficking
          Crime Victims United  
          Crittenton Services 
          Junior Leagues of California 
          Los Angeles County District Attorney's Office 

           Opposition 
           
          None
          

          Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916) 
          319-3744