BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1771


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          ASSEMBLY THIRD READING


          AB  
          1771 (O'Donnell)


          As Amended  May 19, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |6-1  |Jones-Sawyer,         |Quirk               |
          |                |     |Melendez, Lackey,     |                    |
          |                |     |Lopez, Low, Santiago  |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |19-1 |Gonzalez, Bigelow,    |Quirk               |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |
          |                |     |Patterson, Daly,      |                    |
          |                |     |Eggman, Gallagher,    |                    |
          |                |     |Eduardo Garcia, Roger |                    |
          |                |     |Hernández, Holden,    |                    |
          |                |     |Jones, Obernolte,     |                    |
          |                |     |Santiago, Wagner,     |                    |
          |                |     |Weber, Wood           |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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                                                                    AB 1771


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          SUMMARY:  Increases the punishment for supervising or aiding a  
          prostitute from up to 6 months in the county jail to up to a  
          year in the county jail, and adds additional circumstances that  
          can be considered in determining whether someone is guilty of a  
          violation of supervising or aiding a prostitute.  Specifically,  
          this bill:  
          1)Increases the penalty for soliciting or aiding a prostitute  
            from a maximum sentence of 6 months in the county jail to a  
            maximum of one year in the county jail.  
          2)Specifies that if someone is repeatedly speaking to or  
            communicating with a person who is soliciting sex for money or  
            a person who is offering sexual services for compensation,  
            they may be guilty of the crime of supervising or aiding a  
            prostitute.  


          3)Specifies that if someone repeatedly or continuously monitors  
            or watches another person who is soliciting sex for money or a  
            person who is offering sexual services for compensation, they  
            may be guilty of the crime of supervising or aiding a  
            prostitute.  


          4)Specifies that if someone receives or appears to receive money  
            from another person who is soliciting sex for money or a  
            person who is offering sexual services for compensation, they  
            may be guilty of the crime of supervising or aiding a  
            prostitute.  


          5)Permits prior human trafficking convictions to be considered  
            in determining whether a person may be guilty of the crime of  
            supervising or aiding a prostitute.  


          6)States that a juvenile court may dismiss charges against a  
            juvenile for this offense upon a finding that the juvenile who  
            is alleged to have supervised or aided a prostitute did so due  
            to coercion or duress, as defined.  








                                                                    AB 1771


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          EXISTING LAW:  


          1)Provides that a person may not direct, supervise, recruit, or  
            otherwise aid another person in the commission of a violation  
            of specified prostitution offenses.  Additionally, a person  
            may not collect or receive all or part of the proceeds earned  
            from an act or acts of prostitution committed by another  
            person.  Violation of these provisions is a misdemeanor  
            punishable by up to six months in the county jail.  


          2)Provides that in determining whether a person is guilty of  
            directing or supervising a prostitute, the following  
            circumstances may be considered:  


             a)   The offender repeatedly speaks or communicates with  
               another person who is acting in violation of loitering for  
               the purpose of engaging in prostitution.
             b)   The offender repeatedly or continuously monitors or  
               watches another person who is acting in violation of  
               loitering for the purpose of engaging in prostitution.


             c)   The offender repeatedly engages or attempts to engage in  
               conversation with pedestrians or motorists to solicit,  
               arrange, or facilitate an act of prostitution between the  
               pedestrians or motorists and another person who is acting  
               in violation of loitering for the purpose of engaging in  
               prostitution. 


             d)   The offender repeatedly stops or attempts to stop  
               pedestrians or motorists to solicit, arrange, or facilitate  
               an act of prostitution between pedestrians or motorists and  
               another person who is acting in violation of loitering for  








                                                                    AB 1771


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               the purpose of engaging in prostitution.


             e)   The offender circles an area in a motor vehicle and  
               repeatedly beckons to, contacts, or attempts to contact or  
               stop pedestrians or other motorists to solicit, arrange, or  
               facilitate an act of prostitution between the pedestrians  
               or motorists and another person who is acting in violation  
               of loitering for the purpose of engaging in prostitution.


             f)   The offender receives or appears to receive money from  
               another person who is acting in violation of loitering for  
               the purpose of engaging in prostitution.


             g)   The offender engages in any of the behavior described  
               above, inclusive, in regard to, or on behalf of two or more  
               persons who are in violation of loitering for the purpose  
               of engaging in prostitution. 


             h)   The offender has been convicted of violating specified  
               prostitution related offenses.


             i)   The offender has engaged, within six months prior to the  
               arrest in any behavior described in this subdivision, or in  
               any other behavior indicative of prostitution activity.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, moderate nonreimbursable costs to cities and counties  
          for enforcement, offset to some extent by fine revenues.


          COMMENTS:  According to the author, "Criminal street gangs have  
          been continually evolving new methods to fund gang activities  
          for decades.  In recent years, they have increasingly migrated  








                                                                    AB 1771


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          to commercial sexual exploitation as a new source of illicit  
          income.  These criminals view human trafficking as a more  
          profitable and lower risk enterprise than drug or weapons  
          trafficking.  While a trafficker must invest additional  
          resources each time he wants to sell a gun or drugs, he can sell  
          a single person over and over again.


          "AB 1771 gives discretion to judges to impose a longer sentence  
          when justified.  The bill also makes admissible evidence that  
          can help judges and juries determine when a suspect is an  
          integral piece of gang operations.  This will allow us to deal  
          significant damage to the human trafficking operations of these  
          gangs and help protect the victims of this horrible underground  
          sexual abuse."




          Analysis Prepared by:                                             
                          Gabriel Caswell/ PUB. S. / (916) 319-3744  FN:  
          0003029