BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1388| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. CONTINUED SB 1388 Page 2 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 CONTINUED SB 1388 Page 3 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: CONTINUED SB 1388 Page 4 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 CONTINUED SB 1388 Page 5 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 **** END **** CONTINUED SB 1388 Page 6 CONTINUED