BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                 UNFINISHED BUSINESS


          Bill No:  SB 1388
          Author:   Lieu (D), Hill (D), and Mitchell (D), et al.
          Amended:  7/2/14
          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

           SENATE FLOOR  :  34-0, 5/27/14
          AYES:  Anderson, Beall, Block, Cannella, Corbett, Correa, De  
            León, DeSaulnier, Evans, Fuller, Gaines, Galgiani, Hancock,  
            Hernandez, Hill, Hueso, Huff, Jackson, Knight, Leno, Lieu,  
            Mitchell, Monning, Morrell, Nielsen, Padilla, Pavley, Roth,  
            Steinberg, Torres, Vidak, Walters, Wolk, Wyland
          NO VOTE RECORDED:  Berryhill, Calderon, Lara, Liu, Wright, Yee

           ASSEMBLY FLOOR  :  77-0, 8/18/14 - See last page for vote


           SUBJECT  :    Human trafficking

           SOURCE  :     Los Angeles County Board of Supervisors


           DIGEST  :    This bill increases fines related to the solicitation  
          of an act of prostitution, as specified.

           Assembly Amendments  revise and recast with similar intent as  
          when it left the Senate.
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           ANALYSIS  :    

          Existing law:

          1.Provides the following penalties for unlawful sexual  
            intercourse:

             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  

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            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.

          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 a person who solicits a minor for an act of  
            prostitution shall serve a minimum of two days in a county  
            jail, and not more than one year.

             A.   Further specifies up to a $10,000 fine for the  
               solicitation of a minor.

             B.   Requires that the defendant know, or should have known  
               that the person solicited is a minor at the time of the  
               offense.

             C.   Clarifies that a court can reduce or eliminate the  
               minimum mandatory two days in county jail in unusual cases,  
               as specified.

          1.Increases an existing additional fine of up to $25,000 from  
            $20,000 for placing a minor into prostitution, or furnishing a  
            minor to another person for sexual conduct.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  

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           No

           SUPPORT  :   (Verified  8/18/14)

          Los Angeles County Board of Supervisors (source)
          AFSCME
          Alameda County District Attorney O'Malley
          American Academy of Pediatrics
          Association for Los Angeles Deputy Sheriffs
          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
          Cities of Long Beach and Vista
          City of Los Angeles, Mayor Garcetti
          Community Overcoming Relationship Abuse
          Concerned Women for America
          Domestic Violence Center of Santa Clarita Valley
          Equality Now
          First United Methodist Women of Escondido
          Freedom From Exploitation
          Gems Uncovered
          Generate Hope
          Grandma's House of Hope
          Journey Community Church
          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
          New Directions for Women
          Peace Officers Research Association of California
          Red Window Project
          Riverside Sheriff's Association
          Sacramento County Deputy Sheriffs Association
          Safety Corridor Coalition

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          Soroptimist International of Vista
          Soroptimists Together Against Trafficking
          Surviving Parents Coalition
          Survivors for Solutions
          The A21 Campaign
          The Association for the Recovery of Children
          The Guadalupe Art Program
          The Joyful Child Foundation
          The United Nations Association of the United States
          Truckers against Trafficking
          Urban Counties Caucus
          Without Permission

           OPPOSITION  :    (Verified  8/18/14)

          California Attorneys for Criminal Justice
          California Public Defenders Association
          Erotic Services Providers Union
          Transgender Law Center

           ASSEMBLY FLOOR  :  77-0, 8/18/14
          AYES:  Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,  
            Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,  
            Frazier, Beth Gaines, Garcia, Gatto, Gonzalez, Gordon, Gorell,  
            Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Holden,  
            Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,  
            Maienschein, Mansoor, Medina, Melendez, Muratsuchi, Nazarian,  
            Nestande, Olsen, Pan, Patterson, Perea, John A. Pérez, V.  
            Manuel Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,  
            Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron,  
            Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
          NO VOTE RECORDED:  Gomez, Mullin, Vacancy


          JG:e  8/18/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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