BILL ANALYSIS Ó
AB 1051
Page 1
Date of Hearing: May 20, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
1051 (Maienschein) - As Amended May 4, 2015
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill changes the definition of "pattern of criminal gang
activity" to add the crime of human trafficking and creates a
new one-year state prison enhancement for specified crimes
AB 1051
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committed against a minor on the grounds of, or within 1,000
feet of a school.
FISCAL EFFECT:
In fiscal year 2013/14, 42 persons were committed to state
prison for human trafficking, including 22 for trafficking
minors. In 2009 and 2010, 13 persons were committed to state
prison for human trafficking, the assumption is made that
trafficking minors is a pattern of gang activity and at least
half of the convictions are for trafficking minors which will
result in a year enhancement in state prison. According to
CDCR, the annual cost for a contract bed is $29,000. Assuming
the same rate of convictions in the short term as last year and
only one year of the enhancement is served in prison, the annual
cost would be approximately $317,000 (GF). If the crime
occurred on the grounds of, or within 1000 feet of a school, the
additional one year enhancement would increase the costs.
COMMENTS:
1)Purpose. According to the author, "Human trafficking is
increasing at an alarming rate across the country, and
especially in San Diego County. Criminal street gangs have
embraced pimping and human trafficking as a new revenue
booster; as it now rivals narcotic sales as a major source of
funding for many gangs. This crime targets our most vulnerable
youth, who are often recruited within the walls of the schools
they attend. AB 1051 is an important effort to put a stop to
the growing epidemic of human trafficking and sexual
exploitation of minors by organized gang activity."
2)Background. Current law states that any person who actively
participates in any criminal street gang with knowledge that
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its members engage in or have engaged in a pattern of criminal
gang activity, and who willfully promotes, furthers, or
assists in any felonious criminal conduct by members of that
gang, shall be punished by imprisonment in a county jail for a
period not to exceed one year, or by imprisonment in the state
prison for 16 months, or two or three years.
In 2012, California voters enacted Proposition 35, which
modified many provisions of California's already tough human
trafficking laws. Specifically, Proposition 35 expanded the
definition of human trafficking and increased criminal
penalties and fines for human trafficking offenses. If the
offense involves human trafficking for the purpose of
specified sexual conduct, obscene matter or extortion, the
punishment proscribed is up to 20 years imprisonment in state
prison. If the offense involves causing a minor to engage in
a commercial sex act, the penalty imposed may be 15-years to
life.
3)Argument in Support: According to the San Diego County Board
of Supervisors, the sponsor of this bill, "Human trafficking
is increasing at an alarming rate across the country,
especially in San Diego. Criminal street gangs have embraced
human trafficking as a new revenue booster; as it now rivals
narcotic sales as a major source of funding for many gangs.
This crime targets our most vulnerable youth, who are often
recruited within the walls of the schools they attend.
4)Prior Legislation. SB 473 (Block), of the 2013-2014
Legislative Session, would have added pimping, pandering, and
human trafficking to the list of offenses that may be used to
establish a pattern of criminal activity for the purpose of
enhancing the sentence of any person who commits a crime for
the benefit of a criminal street gang. SB 473 was vetoed. In
his veto message, the Governor wrote:
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"Under current law, human trafficking convictions impose
substantial punishment, up to 20 years for sex
trafficking offenses and 15 years-to-life for certain
crimes involving children. These sentences are more than
three times the punishment that existed two years ago. SB
473 would add yet another set of enhancements, the third
in nine years. No evidence has been presented to support
these new penalties."
Analysis Prepared by:Pedro R. Reyes / APPR. / (916)
319-2081