BILL ANALYSIS Ó 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 SB 1091 Page 2 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 SB 1091 Page 3 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 SB 1091 Page 4 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. SB 1091 Page 5 "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 : SB 1091 Page 6 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