BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 1771 (O'Donnell) - Prostitution
          
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          |Version: August 2, 2016         |Policy Vote: PUB. S. 7 - 0      |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: August 8, 2016    |Consultant: Jolie Onodera       |
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          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. 







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          *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  








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          (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.








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          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.










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