BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 1771 (O'Donnell) - Prostitution ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: August 2, 2016 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 8, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 1771 would expand the scope of, and increase the penalty for, the misdemeanor offense of aiding or supervising a prostitute, as specified. This bill would additionally authorize a juvenile court judge to dismiss a petition filed for soliciting or engaging in an act of prostitution, or for aiding or supervising a prostitute where the minor committed the offense through duress or coercion. Fiscal Impact: Local jails : Potentially significant increase in local incarceration costs for (1) new misdemeanor convictions to county jail under the expanded scope of the offense, and (2) longer jail sentences for applicable convictions under current law impacted by the increase to the maximum jail term from six months to one year. The DOJ indicates an average of 236 arrests for this offense in each of the past two years. For every 10 percent of cases that are potentially impacted by this measure, local incarceration costs could increase in the hundreds of thousands of dollars (Local Funds/General Fund*) annually. AB 1771 (O'Donnell) Page 1 of ? *Proposition 30 (2012) provides that legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency, as specified, apply to local agencies only to the extent the State provides annual funding for the cost increase. Although legislation creating a new crime or revising the definition of an existing crime is exempt from Proposition 30 state funding requirements, legislation that changes the penalty for an existing crime is not similarly specifically exempt. Aiding or supervising a prostitute is an existing crime. To the extent increasing the county jail sentence for this crime is determined to change the penalty for this crime, the increase in costs to local agencies attributable to provisions of the existing crime could potentially require annual funding from the State. Background: Under existing law, any person who loiters in any public place with the intent to commit prostitution is guilty of a misdemeanor that is punishable by imprisonment in a county jail for up to six months, by a fine of up to $1,000, or by both that imprisonment and fine. Existing law enumerates the circumstances that may be considered in determining whether a person loiters with the intent to commit prostitution, as specified. (Penal Code § 653.22 (a)-(b).) Existing law additionally provides that it is a misdemeanor punishable by up to six months in county jail, a fine of up to $1,000, or both that imprisonment and fine, to do either of the following: (1) Direct, supervise, recruit, or otherwise aid another person in the commission of prostitution or loitering in any public place with the intent to commit prostitution. (2) Collect or receive all or part of the proceeds earned from an act or acts of prostitution committed by another person who solicits or engages in an act of prostitution. Among the circumstances that may be considered in determining whether a person is in violation of this provision of law are that the person (1) repeatedly speaks or communicates with, or AB 1771 (O'Donnell) Page 2 of ? (2) repeatedly or continuously monitors or watches, or (3) receives or appears to receive money from another person loitering with the intent to commit prostitution. (Penal Code § 653.23 (a)-(b).) Proposed Law: This bill would increase the penalty for soliciting or aiding a prostitute from a maximum sentence of six months in county jail to a maximum of one year in county jail. Additionally, this bill: Specifies that if someone is repeatedly speaking to or communicating with a person who is soliciting or engaging in any act of prostitution, as prohibited by Penal Code § 647(b), the person speaking to or communicating with the other party may be guilty of the crime of supervising or aiding a prostitute. Specifies that if someone repeatedly or continuously monitors or watches another person who is soliciting or engaging in any act of prostitution, as prohibited by Penal Code § 647(b), the person speaking to or communicating with the other party may be guilty of the crime of supervising or aiding a prostitute. 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, as prohibited by Penal Code § 647(b), they may be guilty of the crime of supervising or aiding a prostitute. 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. Permits a juvenile court, on grounds that the minor was coerced or subject to duress, to dismiss a petition alleging that a minor solicited or engaged in an act of prostitution or directed or supervised a prostitute. Related Legislation: AB 1695 (Knox) Chapter 981/1998 made it a misdemeanor to supervise, recruit, direct or in any way aid another in an act of prostitution, or to collect proceeds earned from an act of prostitution. AB 1771 (O'Donnell) Page 3 of ? Staff Comments: By increasing the penalty from a maximum of six months in county jail to a maximum of one year in county jail for the misdemeanor offense of supervising or aiding a person in the commission of an act of prostitution, or collecting all or a portion of the proceeds earned from acts of prostitution, this bill could result in future increases to local agencies for local incarceration costs due to longer jail sentences. This bill additionally establishes additional circumstances that may be used to determine if a person has committed the offense, potentially resulting in new commitments to local jails that otherwise may not have occurred under existing law. Statistics from the DOJ indicate an average of 236 arrests in each of the past two years for the offense specified in this measure. To the extent the greater penalty results in up to a net three-month increase (assuming good time credits earned) in jail incarceration costs for 10 percent of applicable cases, local incarceration costs could increase by up to about $265,000. The number of additional convictions resulting from the expanded scope of the offense is unknown, but for every 10 new commitments to county jail, a six-month jail term (assuming good time credits earned) would cost about $225,000 annually. Staff notes that aiding or supervising a prostitute is a crime under existing law. Pursuant to Proposition 30 (2012), legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation apply to local agencies only to the extent that the state provides annual funding for the cost increase. Although Proposition 30 specifies that legislation defining a new crime or changing the definition of an existing crime is not subject to this provision, changing the penalty for a crime is not specifically exempted and could potentially require a subvention of funds from the state. To the extent increasing the penalty for aiding or supervising a prostitute is determined to change the penalty for the existing crime, any increase in costs to local agencies attributable to the existing crime could potentially require annual funding from the State. AB 1771 (O'Donnell) Page 4 of ? -- END --