BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1388|
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THIRD READING
Bill No: SB 1388
Author: Lieu (D), Hill (D), and Mitchell (D), et al.
Amended: 5/20/14
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/22/14
AYES: Hancock, Anderson, De León, Knight, Liu, Mitchell,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Human trafficking: solicitation of minors for
prostitution
SOURCE : California Against Slavery
Los Angeles County Board of Supervisors
DIGEST : This bill makes a person who seeks to purchase or
purchases a commercial sex act guilty of a misdemeanor, and
authorizes the court to order a defendant convicted of this
violation involving a minor to pay additional fees, as
specified.
ANALYSIS :
Existing law:
1.Provides the following penalties for unlawful sexual
intercourse:
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A. Where the defendant is not more than three years older
or three years younger than the minor, the offense is a
misdemeanor.
B. Where the defendant is more than three years older than
the minor, the offense is an alternate felony-misdemeanor,
punishable by a jail term of up to one year, a fine of up
to $1,000, or both, or by a prison term of 16 months, two
years or three years and a fine of up $10,000.
C. Where the defendant is at least 21 years of age and the
minor is under the age of 16, the offense is an alternate
felony-misdemeanor, punishable by a jail term of up to one
year, a fine of up to $1,000, or both, or by a prison term
of 16 months, two years or three years and a fine of up
$10,000.
1.Provides that any person who engages in lewd conduct - any
sexually motivated touching or a defined sex act - with a
child under the age of 14 is guilty of a felony, punishable by
a prison term of three, six or eight years. Where the offense
involves force or coercion, the prison term is five, eight or
10 years.
2.Provides that where any person who engages in lewd conduct
with a child who is 14 or 15 years old, and the person is at
least 10 years older than the child, the person is guilty of
an alternate felony-misdemeanor, punishable by a jail term of
up to one year, a fine of up to $1,000, or both, or by a
prison term of 16 months, two years or three years and a fine
of up $10,000.
3.Includes numerous crimes concerning sexual exploitation of
minors for commercial purposes, as specified.
4.Provides that where a person is convicted of pimping or
pandering involving a minor the court may order the defendant
to pay an additional fine of up to $5,000. In setting the
fine, the court shall consider the seriousness and
circumstances of the offense, the illicit gain realized by the
defendant and the harm suffered by the victim. The proceeds
of this fine shall be deposited in the Victim-Witness
Assistance Fund and made available to fund programs for
prevention of child sexual abuse and treatment of victims.
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5.Provides that where a defendant is convicted of taking a minor
under the age 16 from his/her parents to provide to others for
prostitution or transporting or providing a child under the
age of 16 for purposes of any lewd or lascivious act, the
court may impose an additional fine of up to $20,000.
6.Provides that any person who solicits, agrees to engage in, or
engages in an act of prostitution is guilty of misdemeanor.
The crime does not occur unless the person specifically
intends to engage in an act of prostitution and some act is
done in furtherance of agreed upon act. Prostitution includes
any lewd act between persons for money or other consideration.
This bill:
1.Provides that where a defendant is convicted of taking a minor
(under the age of 18) from his/her parents for purposes of
prostitution, or transporting or providing a child under the
age of 16 for purposes of any lewd or lascivious act, the
court, if it decides to impose a specified additional fine,
the fine must be no less than $5,000, but no more than
$20,000.
2.Substitutes the term "commercial sex act" for "act of
prostitution," as specified, setting out the basic definition
of a crime involving an exchange of something of value for
sex, or an offer to do so.
3.Separately defines the crimes of purchasing or agreeing to
purchase a commercial sex act and performing or agreeing to
perform a commercial sex act.
4.Provides that a person convicted of purchasing or agreeing to
purchase a commercial sex act is guilty of a misdemeanor,
punishable by imprisonment in the county jail for no less than
48 hours of continuous confinement and no more than six months
and a fine of up to $1,000. Where the court grants the
defendant probation, the defendant must serve at least 48
hours of continuous confinement and pay a fine of at least
$1,000 and up to $50,000. The court may not waive the
requirement that a defendant - whether granted probation or
not - serve at least 48 hours of continuous confinement.
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5.Provides that fines collected from a person who has been
convicted of purchasing or offering to purchase a commercial
sex act shall be deposited in the Victim-Witness Assistance
Fund to fund grants to "local programs." Fifty percent of
each fine shall be granted to public agencies and nonprofit
corporations providing exit or recovery services to persons
exploited through commercial sex. Fifty percent of the fines
shall be granted to law enforcement and prosecution agencies
in the jurisdiction of the crime "to fund programs to prevent
sex purchasing."
6.Provides that where an adult defendant is convicted of
purchasing or offering to purchase a commercial sex, or
convicted of performing or agreeing to perform a commercial
sex act, and the crime involves a minor, the court may order
the defendant to pay an additional fine of not less than
$1,000 and not more than $10,000.
NOTE: See the Senate Public Safety Committee analysis for a
detailed background of the bill.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/20/14)
California Against Slavery (co-source)
Los Angeles County Board of Supervisors (co-source)
AFSCME
Alameda County District Attorney, Nancy E. O'Malley
American Academy of Pediatrics
Association for Los Angeles Deputy Sheriffs
Association for the Recovery of Children
Bridge Network
California Catholic Conference, Inc.
California Fraternal Order of Police
California Narcotics Officers' Association
California Police Chiefs
California State Sheriffs' Association
CASH Community against Sexual Harm
Christians Against Slavery
Church State Council
City of Los Angeles Mayor, Eric Garcetti
City of Vista
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Community Overcoming Relationship Abuse
Concerned Women for America
Domestic Violence Center of Santa Clarita Valley
First United Methodist Women of Escondido
Freedom From Exploitation
Gems Uncovered
Grandma's House of Hope
Guadalupe Art Program
Journey Community Church
Joyful Child Foundation
Junior Leagues of California
Laura's House
Long Beach Police Officers Association
Los Angeles Police Protective League
Los Angeles Probation Officers Union, AFSCME Local #685
Los Angeles Professional Peace Officers Association
Mary Magdalene Project
MISSSEY
Peace Officers Research Association of California
Red Window Project
Riverside Sheriff's Association
Sacramento County Deputy Sheriffs Association
Safety Corridor Coalition
Soroptimist International of Vista
Soroptimists Together Against Trafficking
Surviving Parents Coalition
Survivors for Solutions
The A21 Campaign
United Nations Association of the United States
Without Permission
OPPOSITION : (Verified 5/20/14)
California Attorneys for Criminal Justice
California Public Defenders Association
Erotic Services Providers Union
Transgender Law Center
ARGUMENTS IN SUPPORT : According to the author, "Senate Bill
1388 addresses a few oversights in California's sexual
exploitation law and ensures that individuals convicted of
pimping or soliciting a minor will face significant financial
penalties. This bill further specifies that funds collected as
a result of these fines go directly to support services and
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counseling for child victims of commercial sexual exploitation.
Finally, SB 1388 will require sex buyers convicted of
solicitation or engagement in a commercial sex act, regardless
of the age of the individual solicited, to face a penalty
structure similar to those convicted of driving under the
influence."
ARGUMENTS IN OPPOSITION : California Attorneys for Criminal
Justice states:
"Increasing the penalty for a non-violent offense is
unjustified. One question that must be addressed is why should
we increase the penalty in this way for such a minor crime?
Initially, it should be noted that there is no evidence that
indicates that a mandatory minimum sentence of incarceration or
an increase in the minimum or maximum fines will have an effect
on the decrease of the commission of these offenses. In fact,
there isn't any proof that suggests that there has been a
significant increase in the commission of these offenses that
require an increase in the penalties for these offenses as
provided by SB 1388.
Furthermore, because the purchasing of commercial sex acts is so
prevalent in California, this proposal threatens to swell our
county jails such that they likely will be bursting at the
seams, particularly where a minimum sentence of two days in the
county jail is mandated upon the purchase or even attempted
purchase of a commercial sex act."
JG:e 5/20/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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