BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 20|
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THIRD READING
Bill No: AB 20
Author: Waldron (R), et al.
Amended: 6/11/13 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/4/13
AYES: Hancock, Anderson, Block, De León, Knight, Liu, Steinberg
ASSEMBLY FLOOR : 74-0, 4/1/13 (Consent) - See last page for vote
SUBJECT : Obscene matter: minors
SOURCE : Author
DIGEST : This bill creates an additional fine of up to $2,000
to be imposed upon conviction of every offender who commits
specified child pornography offenses when the offense is
committed via government-owned property.
ANALYSIS :
Existing law:
1. Provides that any person possessing or importing into
California any obscene matter for sale or distribution is
guilty of a misdemeanor for a first conviction. A second or
subsequent conviction is a felony, with increased fines.
2. Provides that every person who sends, brings, possesses,
prepares, publishes, produces, duplicates or prints any
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obscene matter depicting a person under the age of l8 years
engaging in or simulating sexual conduct, with the intent to
distribute, exhibit, or exchange such material, is guilty of
an alternate felony-misdemeanor, punishable by imprisonment
in the county jail for up to one year or in the state prison
for 16 months, two or three years, and a fine not to exceed
$10,000.
3. Specifies that every person who sends, brings, possesses,
prepares, publishes, produces, duplicates or prints any
obscene matter depicting a person under the age of l8 years
engaging in or simulating sexual conduct for commercial
purposes is guilty of a felony, punishable by imprisonment in
the state prison for two, three, or six years and a fine up
to $100,000.
4. Provides that possession of material that depicts a person
under 18 years of age engaged in actual or simulated sexual
conduct is an alternate felony-misdemeanor punishable by
imprisonment in the county jail for up to one year, or by
imprisonment in state prison for 16 months, two or three
years, or by a fine of up to $2,500, or both.
5. Provides that any person who hires or uses a minor to assist
in the possession, preparation or distribution of obscene
matter for commercial purposes is guilty of a felony,
punishable by imprisonment in the state prison for three,
six, or eight years.
6. Provides that in any case where the defendant has fulfilled
the conditions of probation, or in any other case in which a
court, in its discretion and the interests of justice,
determines that a defendant should be granted the prescribed
relief, and where the defendant is not serving a sentence on
probation or charged with any offense, the court shall set
aside the verdict or plea of guilty. The court shall then
dismiss the accusation against the defendant, and, except as
noted, the defendant shall be released from all penalties and
disabilities. (Penal Code (PEN) Section 1203.4, subd. (a))
7. Prohibits the dismissal of the conviction and underlying
charges for persons convicted of child molestation,
continuous sexual abuse of a child, sodomy with a child under
the age of 14, oral copulation with a child under the age of
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14, and sexual penetration of a child under the age of 14.
(PEN Section 1203.4, subd. (b))
8. States that an order of dismissal does not relieve a person
of the obligation to disclose the conviction in response to
any questions contained in any application for public office,
or for licensure for any state or local agency. (PEN Section
1203.4, subd. (a))
This bill:
1. Provides that where a defendant is convicted of a child
pornography offense that is committed through use of a
government computer or network, or where the production,
transportation, or distribution of the material involved
government-owned property, the court shall impose a fine not
exceeding $2,000, unless the court determines that the
defendant does not have the ability to pay. The fine shall
be imposed in addition to any other punishment, including
imprisonment or any other fine or fee.
2. States that revenue from the fine shall be transferred into
a specific county fund and allocated equally to the following
entities or purposes: (1) sexual assault investigator
training; (2) public agencies and nonprofit corporations that
provide direct services for victims of human trafficking; and
(3) multidisciplinary teams involved in the prosecution of
child abuse cases, as specified.
3. Provides that the special fine for use of government
computers or networks for child pornography shall not be
subject to penalty assessments.
4. Prohibits any person who has successfully completed
probation for a specified child pornography or obscenity
offense from obtaining dismissal of the conviction and arrest
pursuant to PEN Section 1203.4.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/11/13)
California Police Chiefs Association
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California Probation, Parole, and Correctional Association
City of San Marcos
Concerned Women for America of California
Fallbrook Union High School District
League of California Cities
Peace Officers Research Association of California
San Bernardino County Sheriff
Southwest California Legislative Council
Valley Center-Pauma Unified School District
ARGUMENTS IN SUPPORT : According to the author's office, this
bill imposes a fine of up to $2,000 on property and online
networks owned or operated by state government. This bill
protects taxpayer funded property and also protects children
from harm and sexually explicit materials. Revenue from these
fines will benefit sexual assault investigator training,
multidisciplinary child-focused facilities, and groups that
provide shelter, counseling, or other direct services for
victims of human trafficking.
ASSEMBLY FLOOR : 74-0, 4/1/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gordon, Gray, Grove,
Hall, Harkey, Roger Hernández, Holden, Jones, Jones-Sawyer,
Levine, Linder, Logue, Maienschein, Mansoor, Medina, Melendez,
Mitchell, Morrell, Mullin, Nazarian, Nestande, Olsen, Pan,
Patterson, Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon,
Salas, Skinner, Stone, Ting, Torres, Wagner, Waldron, Weber,
Wieckowski, Wilk, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Gomez, Gorell, Hagman, Lowenthal, Muratsuchi,
Vacancy
JG:k 6/11/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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