BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 526


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          ASSEMBLY THIRD READING


          AB  
          526 (Holden)


          As Introduced  February 23, 2015


          Majority vote


           -------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                  |Noes                 |
          |----------------+------+----------------------+---------------------|
          |Public Safety   |6-0   |Melendez,             |                     |
          |                |      |Jones-Sawyer, Lackey, |                     |
          |                |      |Low, Santiago,        |                     |
          |                |      |Thurmond              |                     |
          |                |      |                      |                     |
          |                |      |                      |                     |
           -------------------------------------------------------------------- 


          SUMMARY:  Increases the fine for the crime of abducting a minor  
          for prostitution from a maximum of $2,000 to a maximum of $5,000.
          EXISTING LAW:  
          1)Provides that every person who takes away any other person under  
            the age of 18 years from the parent, guardian, or other person  
            having the legal charge of the other person, without their  
            consent, for the purpose of prostitution, is punishable by  
            imprisonment in the state prison and a fine not exceeding  
            $2,000.  
          2)States that upon conviction of any person for a violation of  
            either procurement of a child under 16 for lewd or lascivious  
            acts or abduction of a minor for purposes of prostitution, the  
            court may impose an additional fine not to exceed $25,000.  









                                                                       AB 526


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          3)States that a person who, for the purpose of committing a lewd  
            or lascivious act, persuades or entices by false promises,  
            misrepresentations, or the like, any child under 14 years of  
            age, to go out of the country, state, county, or into another  
            part of the same county, is guilty of kidnapping.  


          4)Provides that when a person is convicted of kidnapping a victim  
            under 14 years of age, the kidnapping is punishable by  
            imprisonment in the state prison for five, eight, or 11 years.  


          5)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.  


          6)States any person who, knowing another person is a prostitute,  
            lives or derives support or maintenance in whole or in part from  
            the earnings or proceeds of the person's prostitution, or from  
            money loaned or advanced to or charged against that person by  
            any keeper or manager or inmate of a house or other place where  
            prostitution is practiced or allowed, or who solicits or  
            receives compensation for soliciting for the person, when the  
            prostitute is a minor, is guilty of pimping a minor, a felony,  
            and shall be punishable as follows:


             a)   If the person engaged in prostitution is a minor over the  
               age of 16 years, the offense is punishable by imprisonment in  
               the state prison for three, four, or six years.
             b)   If the person engaged in prostitution is under 16 years of  








                                                                       AB 526


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               age, the offense is punishable by imprisonment in the state  
               prison for three, six, or eight years.  


          7)Provides that any person who deprives or violates the personal  
            liberty of another with the intent to effect or maintain a  
            felony violation of enticement of a minor into prostitution,  
            pimping or pandering, abduction of a minor for the purposes of  
            prostitution, child pornography, or extortion, is guilty of  
            human trafficking, and shall be punished by imprisonment in the  
            state prison for eight, 14, or 20 years and a fine of not more  
            than $500,000.  
          8)States that any person who causes, induces, or persuades, or  
            attempts to cause, induce, or persuade, a person who is a minor  
            at the time of commission of the offense to engage in a  
            commercial sex act, with the intent to effect or maintain a  
            violation of enticement of a minor into prostitution, pimping or  
            pandering, abduction of a minor for the purposes of  
            prostitution, child pornography, or extortion, is guilty of  
            human trafficking, and shall be punishable by imprisonment in  
            the state prison as follows:


             a)   Five, eight, or 12 years and a fine of not more than  
               $500,000.
             b)   Fifteen years to life and a fine of not more than $500,000  
               when the offense involves force, fear, fraud, deceit,  
               coercion, violence, duress, menace, or threat of unlawful  
               injury to the victim or to another person.  


          FISCAL EFFECT:  Unknown.  This bill is keyed non-fiscal by the  
          Legislative Counsel. 


          COMMENTS:  According to the author, "For more than 30 years, the  
          penalty for committing abduction for the purposes of prostitution  
          has not been increased to match the growing criminal enterprise of  
          human trafficking.  AB 526 would increase the penalty threshold of  








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          committing abduction for the purposes of prostitution from up to a  
          $2,000 fine to up to a $5,000 fine."




          Analysis Prepared by:                                               
                          Sandy Uribe / PUB. S. / (916) 319-3744  FN:  
          0000185