BILL ANALYSIS Ó AB 2188 Page 1 Date of Hearing: May 11, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2188 (Grove) - As Amended April 12, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|4 - 3 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill authorizes a peace officer to arrest a person without a warrant if the officer has probable cause to believe that the person has committed the misdemeanor offense of soliciting a minor for prostitution, even if the offense did not take place in the officer's presence. FISCAL EFFECT: Minor, nonreimbursable costs for incarceration, offset to a degree by increased fine revenue, to the extent the misdemeanor AB 2188 Page 2 results in incarceration. COMMENTS: 1)Background. An officer is only allowed to make an arrest for a misdemeanor offense that occurs in the officer's presence, with some very limited exceptions. However, officers can take custody of individuals that have been arrested by a citizen, even if the arrest does not take place in the officer's presence. Citizens are allowed to make arrests. In order for a citizen to make an arrest for a misdemeanor, the crime must have been committed in the citizen's presence. If the citizen makes the arrest, law enforcement can then take custody of the arrestee. 2)Individuals Can Be Prosecuted for the Crime of Solicitation Whether or Not an Arrest is Made: If there is sufficient evidence to establish that the crime of solicitation of a minor for prostitution has occurred, the adult responsible for the crime can be charged in court. Assuming sufficient evidence, the individual would be convicted in court and receive punishment appropriate to their criminal conduct. To the extent an arrest can provide a deterrent effect to individuals soliciting prostitutes, that deterrent effect can be achieved through prosecution and punishment through the court process. 3)Purpose. According to the author, "AB 2188 would allow law enforcement the authority to arrest any adult when there is probable cause to believe they solicited sex from a minor. Currently, law enforcement officials can only arrest an adult for soliciting sex from a minor if they witness the solicitation." AB 2188 Page 3 4)Support. The Bakersfield Police Department states the deterrent effect of this bill will be instrumental in dissuading not only "Johns" from pursuing these girls but "Pimps" from trafficking them. 5)Opposition. According to The American Civil Liberties Union of California, "The ability to stop, arrest and search an individual is an enormous power that we give police. Lowering the threshold to allow an officer to arrest someone for a misdemeanor raises serious concerns about likely abuse of that power. An officer may be tempted to arrest someone as a pre-text, in order to question the suspect or conduct a search for additional evidence. Pre-text arrests are akin to stop-and-frisk programs and frequently associated with racial profiling and other abuses of power. Analysis Prepared by:Pedro Reyes / APPR. / (916) 319-2081