BILL ANALYSIS Ó
AB 1051
Page 1
ASSEMBLY THIRD READING
AB
1051 (Maienschein)
As Amended May 4, 2015
2/3 vote
-----------------------------------------------------------------
|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+--------------------+--------------------|
|Public Safety |6-1 |Quirk, Melendez, |Weber |
| | | | |
| | | | |
| | |Jones-Sawyer, | |
| | |Lackey, Low, | |
| | |Santiago | |
| | | | |
|----------------+------+--------------------+--------------------|
|Appropriations |16-0 |Gomez, Bigelow, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, | |
| | |Eggman, Gallagher, | |
| | | | |
| | | | |
| | |Eduardo Garcia, | |
| | |Gordon, Holden, | |
| | |Jones, Quirk, | |
| | |Rendon, Wagner, | |
| | |Wood | |
| | | | |
| | | | |
AB 1051
Page 2
-----------------------------------------------------------------
SUMMARY: 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 committed
against a minor on the grounds of, or within 1,000 feet of a
school. Specifically, this bill:
1)Adds 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.
2)Provides that any person who is convicted of human trafficking,
where the offense was committed against a minor, or abduction of
a minor for the purpose of prostitution, where any part of the
violation takes place on the grounds of, or within 1,000 feet
of, a public or private elementary, vocational, junior high, or
high school, during hours that the school is open for classes or
school-related programs or at any time when minors are using the
facility, shall receive, in addition to any other penalty
imposed, punishment of one year in the state prison.
EXISTING LAW:
1)States that any person who actively participates in any criminal
street gang with knowledge that 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.
2)Provides the following enhancements to be added and served
consecutively that applies to any person who is convicted of a
felony committed for the benefit of, at the direction of, or in
association with any criminal street gang, with the specific
intent to promote, further, or assist in any criminal conduct by
AB 1051
Page 3
gang members:
a) An additional term of two, three, or four years at the
court's discretion, unless the felony is a serious felony, as
defined, or a violent felony, as defined;
b) If the felony is a serious felony, as defined, the person
shall be punished by an additional term of five years; and,
c) If the felony is a violent felony, as defined, the person
shall be punished by an additional term of 10 years.
3)Specifies, if the underlying felony is committed on the grounds
of, or within 1,000 feet of, a public or private elementary,
vocational, junior high, or high school, during hours in which
the facility is open for classes or school-related programs or
when minors are using the facility, that fact shall be a
circumstance in aggravation of the crime in imposing a term of
imprisonment.
4)Defines "pattern of criminal gang activity" to mean the
commission of, attempted commission of, conspiracy to commit, or
solicitation of, sustained juvenile petition for, or conviction
of two or more of the following offenses, provided at least one
of these offenses occurred after the effective date of this
chapter and the last of those offenses occurred within three
years after a prior offense, and the offenses were committed on
separate occasions, or by two or more persons:
5)Defines a "criminal street gang" to mean any ongoing
organization, association, or group of three or more persons,
whether formal or informal, having as one of its primary
activities the commission of one or more of the criminal acts
enumerated, having a common name or common identifying sign or
symbol, and whose members individually or collectively engage in
or have engaged in a pattern or criminal gang activity.
AB 1051
Page 4
6)Provides that any person who deprives or violates the personal
liberty of any other with the intent to obtain forced labor or
services is guilty of human trafficking and shall be punished in
state prison for five, eight, or 12 years and a fine of not more
than $500,000.
7)States that any person who deprives or violates the personal
liberty of any other with the intent to effect or maintain a
violation of specified offenses related to sexual conduct,
obscene matter 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)Specifies the following penalties for any person who causes,
induces, or persuades, or attempts to cause, induce, persuade, a
person who is minor at the time of commission of the offense to
engage in a commercial sex act, as provided:
a) Five, eight, or 12 years and a fine of not more than
$500,000; or,
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.
9)Provides that any person who takes away any other person under
the age of 18 years from the father, mother, or guardian, or
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.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, 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
AB 1051
Page 5
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 (General Fund). 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: 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."
Analysis Prepared by:
Stella Choe / PUB. S. / (916) 319-3744 FN:
0000652