BILL ANALYSIS Ó
AB 2188
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Date of Hearing: May 11, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2188 (Grove) - As Amended April 12, 2016
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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
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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
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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