BILL ANALYSIS Ó
SB 473
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Date of Hearing: July 3, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 473 (Block) - As Amended: June 27, 2013
Policy Committee: Public
SafetyVote:7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill adds pimping, pandering, and human trafficking to the
list of offenses used to establish a pattern of criminal
activity for the purpose of enhancing the sentence of a person
who commits a crime for the benefit of a criminal street gang.
FISCAL EFFECT
Unknown annual GF costs, likely in the range of several hundred
thousand dollars, for increased state prison commitments.
In 2011 and 2012, a total of 2,404 persons received enhanced
state prison terms under the Street Terrorism Prevention and
Enforcement Act (STEP). In this same period, 111 persons were
committed to state prison for pimping or pandering, and 21 for
human trafficking. For every 10 pimping, pandering or human
trafficking offenders who receive a two-year STEP Act
enhancement, the annual GF cost would exceed $1 million,
assuming per capita costs of $50,000.
(This compares to a total of 115 commitments for pimping or
pandering in 2006 and 2007.)
COMMENTS
1)Rationale . According to the author and law enforcement
proponents, pimping, pandering and human trafficking
activities are increasing at an alarming rate. And while
pimping and pandering currently carry prison sentences and
potential gang-related enhancements, pimping and pandering are
not considered predicate gang activities. The author contends
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adding these offenses to the STEP Act will reduce this
criminal activity.
2)Current law provides:
a) Any person who actively participates in a criminal
street gang with knowledge that members have engaged in a
pattern of criminal gang activity, who willfully promotes
or assists in any felony conduct by members of that gang,
shall be punished by up to 1 year, in county jail, or 16
months, 2, or 3 years in state prison. (Felony offenders
sentenced under the STEP act are ineligible for realignment
sentencing to county jail.
"Pattern of criminal gang activity" is defined as the
commission or attempted commission of two or more of a
series of 33 serious and violent offenses that occurred
within three years of a prior offense, on separate
occasions, or by two or more persons (STEP Act.)
b) A person convicted of a felony committed for the benefit
of, or in association with any criminal street gang, with
the intent to promote or assist in criminal conduct, may
receive an enhanced state prison sentence of 2, 3, or 4
years; if the felony is a serious felony - 5 years; if the
felony is a violent felony - 10 years; intimidation of a
witness - life with a minimum of seven years; home invasion
robbery, carjacking, shooting at an occupied dwelling or
vehicle, or shooting from a vehicle that causes death or
great bodily injury - life in prison, with 15 years
minimum.
c) The penalty for human trafficking is 3, 4, or 5 years in
state prison; 4, 6, or 8 years if the victim is under 18.
d) The penalty for pimping or pandering is 3, 4, or 6 years
in state prison; 3, 6, or 8 years if the victim is under
16.
3)Current law already provides enhanced sentences for
gang-related pimping, pandering and human trafficking. As
noted in the Public Safety analysis, under existing law, once
the existence of a gang is shown through a pattern of
predicate crimes, defendants who commit any crime in
association with a gang may receive enhanced penalties.
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Moreover, one need not be a gang member to receive gang
penalties. A non-gang member who commits a crime in
association with others who are gang members will receive a
gang punishment if the crime promotes criminal conduct by gang
members. A person convicted of human trafficking would often
be convicted in that same case of a predicate gang crime, such
as kidnapping or witness intimidation.
4)California facing a court-ordered prison population reduction .
In an April 2013 order, the three-judge panel ordered the
state to "immediately take all steps necessary to comply "with
the court's order requiring the state to reduce the prison
population to 137.5% of design capacity by December 31, 2013.
In June 2013, the court panel ordered the state to begin a
population reduction strategy immediately. This bill does not
move in that direction.
5)Support . The County of San Diego states, "Untold numbers of
children fall victim to predatory adults, many of whom have
ties to criminal street gangs. Several gangs in San Diego
have evolved solely for the purpose and profit of pimping, and
a growing number of gangs participate in human trafficking.
Although pimping and pandering currently carry mandatory
prison sentences, there is no provision in the Penal Code that
establishes these activities as part of a criminal street
enterprise.
6)Opposition . CA Attorneys for Criminal Justice state, "We
believe the proposed legislation unjustifiably expands the
scope of gang related criminal activity without sufficient and
correlated cause, and seeks to encompass conduct outside the
scope of the original legislative intent. We also believe the
additional three-year enhancement for human trafficking is
excessive and duplicative of enhancements already imposed by
the Penal Code."
7)Identical legislation , AB 918 (Block) was held on this
committee's Suspense File in 2011.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081