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
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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