BILL ANALYSIS Ó AB 20 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 20 (Waldron) As Amended June 11, 2013 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |74-0 |(April 1, 2013) |SENATE: |33-0 |(July 8, 2013) | ----------------------------------------------------------------- Original Committee Reference: PUB. S. SUMMARY : 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 was committed via government-owned property. The Senate amendments : 1)Make technical changes related to exempting the criminal fines from specified penalties and assessments. 2)Redistribute fine revenues collected as follows: a) One-third for sexual assault investigation training. b) One-third for human trafficking victim shelters. c) One-third for multidisciplinary teams. EXISTING LAW : 1)Defines "obscene matter" as matter, which taken as a whole, that to the average person applying contemporary statewide standards, appeals to the prurient interest depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value. 2)Defines "matter" as any book, magazine, newspaper, or other printed or written material, or any picture, drawing, photograph, motion picture, or other pictorial representation, or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction, or any other article, equipment, machine, or material. "Matter" also means live or recorded telephone AB 20 Page 2 messages if transmitted, disseminated, or distributed as part of a commercial transaction. 3)Provides that sending, bringing into the state for sale, distribution, possession, preparation, publication, production, development, or duplication of an obscene matter involving sexual conduct by a minor under the age of 18 years is punishable by either a misdemeanor involving one year in the county jail, or a felony of up to three years in state prison. Additionally, those convicted are subject to a fine of up to $10,000. 4)Provides that persons who exploit children by duplicating, developing, printing, or exchanging data related to sexual conduct by a minor under the age of 18 may be punished by a misdemeanor or a felony of up to three years in prison and a fine of up to $10,000. 5)Provides that any person who advertises for sale or distribution an obscene matter depicting a minor under the age of 18 years engaging in or simulating sexual conduct is guilty of a felony carrying a punishment of up to four years in state prison and a fine of up to $50,000. AS PASSED BY THE ASSEMBLY , this bill: 1)Provided that every person who is convicted of a violation of specified offenses involving child pornography wherein the violation is committed on, or via, a government-owned computer or via a government-owned computer network, or in which the production, transportation, or distribution of which involves the use, possession, or control of government-owned property shall, in addition to any imprisonment of fine imposed for the commission of the underlying offense, be punished by a fine not exceeding $2,000, unless the court determines that the defendant does not have the ability to pay. 2)Stated that revenue from any fines collected would be transferred for deposit into a county fund established for that purpose and allocated for sexual assault investigator training, high technology crime task forces, public agencies and nonprofit corporations that provide shelter, counseling, or other direct services for victims of human trafficking, and multidisciplinary teams involved in the prosecution of child abuse cases, as specified. AB 20 Page 3 FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS : According to the author, "AB 20 imposes a fine of up to $2,000 on property and online networks owned or operated by state government. This measure would protect taxpayer funded property and also protect our children from harm and sexually explicit materials. Revenue from these fines will benefit sexual assault investigator training, human trafficking response task forces, multidisciplinary child-focused facilities, and groups that provide shelter, counseling, or other direct services for victims of human trafficking." Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0001171