BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 20
                                                                  Page  1

          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 


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