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


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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