BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1771|
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                                   THIRD READING 


          Bill No:  AB 1771
          Author:   O'Donnell (D) 
          Amended:  8/16/16 in Senate
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 6/28/16
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/11/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           ASSEMBLY FLOOR:  79-1, 5/31/16 - See last page for vote

           SUBJECT:   Prostitution


          SOURCE:    Long Beach City Prosecutor

          DIGEST:   This bill 1) provides that repeatedly speaking,  
          watching or monitoring a person soliciting for prostitution, as  
          defined, is evidence of the crime of aiding or supervising a  
          prostitute; 2) provides that receiving money from a person  
          soliciting for prostitution, as defined, is evidence of aiding  
          or supervising a prostitute; and 3) specifically authorizes a  
          juvenile court judge to dismiss a petition for aiding or  
          supervising a prostitute, or for engaging in prostitution, where  
          the minor committed the offense through duress or coercion.


          ANALYSIS:  


          Existing law:








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          1)Provides that any person who lives or derives support or  
            maintenance in whole or in part from the earnings or proceeds  
            from another person's prostitution is guilty of a felony, with  
            a sentence of three, four, or six years in state prison.  If  
            the prostitute is under the age of 16, the penalty is three,  
            six, or eight years.  (Pen. Code § 266h.)


          2)Provides that any person who procures, encourages, persuades  
            or induces another person to become a prostitute is guilty of  
            a felony, with a sentence of three, four, or six years in  
            state prison.  If the prostitute is under the age of 16, the  
            penalty is three, six, or eight years.  (Pen. Code § 266i.)


          3)Provides that it is unlawful for a person to 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.  (Pen. Code § 653.23, subds. (a) & (b); Pen. Code §  
            653.26.)  


          4)Provides that in determining whether a person is guilty of  
            directing or supervising a prostitute - defined as a person  
            loitering for the purposes of prostitution - 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.









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             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  
               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.









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          This bill:


          1)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 - as  
            prohibited by Penal Code Section 647, subdivision (b) - the  
            person speaking to or communicating with the other party may  
            be guilty of the crime of supervising or aiding a prostitute.   



          2)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 - as  
            prohibited by Penal Code Section 647, subdivision (b) - the  
            person speaking to or communicating with the other party may  
            be guilty of the crime of supervising or aiding a prostitute.   



          3)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 Section 647, subdivision (b) - they  
            may be guilty of the crime of supervising or aiding a  
            prostitute.  


          4)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.  


          5)Permits a juvenile court, on grounds that the minor was  
            coerced or subject to duress, to dismiss a petition alleging  
            that a minor committed prostitution, or directed or supervised  
            a prostitute.


          Background









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          According to the author:


             While law enforcement has had some success curtailing  
             this activity, the nature of human trafficking creates  
             obstacles for prosecutors trying to keep offenders  
             behind bars. While pimping and human trafficking are  
             subject to felony prosecution, this charge is only  
             applied on relatively few occasions because sex  
             trafficking victims often do not cooperate with law  
             enforcement.  This is especially true in cases where the  
             victim fears retaliation from her pimp or trafficker. In  
             cases where victims do not provide statements against  
             the pimp or trafficker, only the misdemeanor charge of  
             "supervising a prostitute" can be filed.


             On October 4, 2014 an undercover police officer arrested  
             Jerome Hubbard during a bust of an "escort service"  
             acting as a front for prostitution.  Despite phone  
             messages on Hubbard's phone indicating he oversaw  
             multiple acts of prostitution, without the testimony of  
             the victim, Hubbard could only be charged with  
             "supervising a prostitute" and not pimping or human  
             trafficking.  Hubbard faced a maximum six-month jail  
             sentence (the same as the "prostitute") for this  
             misdemeanor charge.  Due to the limitations in  
             sentencing options, criminals like Hubbard can be  
             released and free to resume their criminal activity in a  
             matter of months.


             The Hubbard case highlights a problem with our ability  
             to keep offenders behind bars when they facilitate the  
             illicit activities of these gangs.  Obtaining evidence  
             of the boasts of committing the crime and catching them  
             in the act are not enough to keep these individuals  
             behind bars for a reasonable period of time.  The  
             six-month maximum sentence on the misdemeanor of  
             "supervising a prostitute" does not recognize the role  
             this crime plays in human trafficking operations.









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          Pimping is a felony and may be punished by three, four, or six  
          years in state prison (or three, six, or eight years if the  
          prostitute was under 16 years of age.  Aiding a prostitute is a  
          misdemeanor and may be punished by six months in the county  
          jail, a fine of no more than $1,000, or both.  Pimping is  
          defined as either soliciting prostitution by finding a customer  
          - "john" - for a prostitute and collecting a fee from the john  
          or some of the prostitute's pay, or collecting some or all of a  
          prostitute's pay even if you played no part in finding the john.  
           


          Pimping includes an element that the defendant helped find  
          customers for a prostitute and received some money for his or  
          her role in the transaction.  But one can be convicted of aiding  
          a prostitute even if he or she did not find the john or arrange  
          the transaction, and even if he or she received no money for  
          your role.  To be convict a defendant of pimping, the prosecutor  
          must show that the defendant lived off of the earnings of a  
          prostitute and knew that the other person was a prostitute.  In  
          contrast, a person can be convicted of aiding a prostitute if he  
          or she received any money that was earned from prostitution, for  
          any reason.  One cannot be convicted of pimping unless a  
          prostitution transaction actually occurred.  But one can be  
          convicted of aiding a prostitute by simply helping another  
          person loiter with the intent to commit prostitution-even  
          without proof that a prostitution offense occurred.  


          Pandering is similar to pimping.  A person can violate  
          California's law against pandering when you encourage or  
          persuade someone to engage in prostitution, and make that person  
          available for the purpose of prostitution.   Like pimping,  
          pandering is a felony and may be punished by three, four, or six  
          years in state prison (or three, six, or eight years if the  
          prostitute was under the age of 16.  The crime of supervising or  
          aiding a prostitute includes "recruiting" someone to engage in  
          an act of prostitution or to loiter for the purpose of  
          prostitution.  Appellate decisions have reversed convictions on  
          the basis that a defendant only violates Penal Code Section  
          653.23 by recruiting "customers for prostitutes or prostitutes  
          for customers," not by recruiting someone to become a  








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          prostitute.   In other words, a person is guilty of supervising  
          or otherwise aiding a prostitute only if the person who was  
          recruited actually starts working as a prostitute or loitering  
          for prostitution. 


          Human trafficking generally includes an element or inherent  
          character of control over the victim. It has been noted that  
          many victims of human trafficking and other exploited minors are  
          coerced into committing crimes to benefit the trafficker or  
          controlling person.  Numerous bills have considered authority  
          for courts to clear the records of those who committed offenses  
          under duress.  (See, AB 1585, Alejo, Chapter 708, Statutes of  
          2014.)  This bill takes the more direct step of specifically  
          authorizing the juvenile court to dismiss a delinquency petition  
          of the minor committed the crime because of duress or coercion.




          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No

          According to the Senate Appropriations Committee:

           Local jails  :  Potential increase in local incarceration costs  
          for new misdemeanor convictions to county jail under the  
          expanded scope of the offense. 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) annually.


          SUPPORT:   (Verified8/12/16)


          Long Beach City Prosecutor (source)
          California District Attorneys Association
          California Statewide Law Enforcement Association
          City of Long Beach
          Junior Leagues of California State Public Affairs Committee
          Long Beach City Prosecutor








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          Long Beach Human Trafficking Task Force
          Los Angeles County Board of Supervisors
          National Council of Jewish Women Long Beach


          OPPOSITION:   (Verified8/12/16)


          American Civil Liberties Union
          California Attorneys for Criminal Justice
          California Public Defenders Association
          Legal Services for Prisoners with Children

          ASSEMBLY FLOOR:  79-1, 5/31/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,  
            Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim,  
            Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,  
            Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  
            O'Donnell, Olsen, Patterson, Ridley-Thomas, Rodriguez, Salas,  
            Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner,  
            Waldron, Weber, Wilk, Williams, Wood, Rendon
          NOES:  Quirk

          Prepared by:Jerome McGuire / PUB. S. / 
          8/16/16 18:07:16


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