BILL ANALYSIS �
AB 20
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CONCURRENCE IN SENATE AMENDMENTS
AB 20 (Waldron)
As Amended June 11, 2013
Majority vote
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|ASSEMBLY: |74-0 |(April 1, 2013) |SENATE: |33-0 |(July 8, 2013) |
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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
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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
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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