BILL ANALYSIS Ó
AB 2723
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Date of Hearing: April 26, 2016
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Susan Bonilla, Chair
AB 2723
(Chávez) - As Amended March 18, 2016
SUBJECT: Juvenile dependency: prostitution
SUMMARY: Makes Legislative findings and declarations stating
that a child who has loitered with the intent to commit
prostitution or who has solicited, agreed to engage, or engaged
in prostitution, as specified, and whose parent or guardian
failed to, or was unable to, protect the child, falls under the
definition of "commercially sexually exploited children" and may
be adjudged a dependent child of the juvenile court.
EXISTING LAW:
1)States that the purpose of foster care law is to provide
maximum safety and protection for children who are being
physically, sexually or emotionally abused, neglected, or
exploited and to ensure the safety, protection, and physical
and emotional well-being of children at risk of such harm.
(WIC 300.2)
2)Defines "commercial sex act" as "sexual conduct on account of
which anything of value is given or received by any person."
(PEN 236.1 (h)(2))
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3)Defines commercially sexually exploited children as a child
who is sexually trafficked or receives food or shelter in
exchange for the performance of certain sexual acts, as
specified. (WIC 300)
4)States that any person who solicits or agrees to engage in or
who engages in any act of prostitution, as specified, is
guilty of disorderly conduct, a misdemeanor. (PEN 647)
5)States that it is unlawful for any person to loiter in any
public place with the intent to commit prostitution, as
specified. (PEN 653.22)
6)Establishes the federal Preventing Sex Trafficking and
Strengthening Families Act, which places a number of
requirements on states, including a number of improvements to
the child welfare system aimed at improving outcomes for
children and youth in foster care. (P.L. 113-183)
FISCAL EFFECT: Unknown.
COMMENTS:
Child Welfare Services: The purpose of California's Child
Welfare Services (CWS) system is to protect children from abuse
and neglect and provide for their health and safety. When
children are identified as being at risk of abuse, neglect or
abandonment, county juvenile courts hold legal dependency
jurisdiction; these children are served by the CWS system
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through the appointment of a social worker. Through this
juvenile dependency system, there are multiple opportunities for
the custody of the child, or his or her placement outside of the
home, to be evaluated, reviewed and determined by the judicial
system, in consultation with the child's social worker, to help
provide the best possible services to the child. The CWS system
seeks to help children who have been removed from their homes
reunify with their parents or guardians, whenever appropriate.
However, the court may determine that an alternate permanent
placement is more fitting; the court must give preference to
potential placements in this order: relatives, nonrelative
extended family members, or family foster homes. Placement in
group homes or other intensive treatment placement settings are
considered only in more challenging situations where a child may
need stabilization services in order to transition to a less
restrictive placement, such as with a relative or foster
caregiver. There are currently close to 63,000 children and
youth in California's CWS system.
Commercial Sexual Exploitation of Children (CSEC): Commercial
sexual exploitation of children is defined as the sexual
exploitation of children entirely, or at least primarily, for
financial or other economic reasons. Under this definition, the
economic exchanges may be either monetary or non-monetary (i.e.,
for food, shelter, drugs). Sex trafficking of minors is defined
as the "recruitment, harboring, transportation, provision, or
obtaining of a person for the purpose of a commercial sex act"
where the person is a United States citizen or lawful permanent
resident under the age of 18 years.
According to DSS, approximately 800,000 victims annually are
trafficked across international borders worldwide, and between
14,500-17,500 of those victims are trafficked into the United
States. Nearly 95% of CSEC victims in the U.S. are female, and
it is estimated that between 50-80% of child victims of
commercial sexual exploitation have been involved with the child
welfare system, according to the National Center for Youth Law.
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According to the National Center for Missing and Exploited
Children, it is estimated that one in six endangered runaways
were likely sex trafficking victims in 2014. Many experts
believe, however, that these statistics are underestimated;
challenges arise when identifying victims, collecting and
cross-referencing data, and deciding on common definitions in
order to collect accurate statistics. Many youth also do not
identify as victims or may be reluctant to admit to
victimization due to fears of retaliation from traffickers,
deportation, or incarceration by law enforcement.
Need for this bill: According to the author's office, "We need
to make sure we are protecting our children and looking out for
them every step of the way. If we want the children of
California to thrive, we have to set them up to succeed and
protect them from a range of potential dangers like sexual
predators to neglectful guardians."
PRIOR/RELATED LEGISLATION:
SB 1322 (Mitchell), 2016, provides that a child who engages in
commercial sexual activity may not be arrested for prostitution
or solicitation, requires a peace officer who comes into contact
with a minor engaged in a commercial sex act to report the abuse
or neglect to the county welfare agency, and states the child
may be adjudged a dependent child of the court. This bill is
awaiting hearing in the Senate Appropriations Committee.
AB 1730 (Atkins), 2016, authorizes the chief probation officer
of a county to create a program to provide services to youth
within the county that address needs relating to the commercial
sexual exploitation of youth. This bill is currently on the
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suspense file in the Assembly Appropriations Committee.
SB 855 (Committee on Budget and Fiscal Review), Chapter 29,
Statutes of 2014, provided structure and incentives to encourage
county agencies to collaborate in identifying and serving CSEC.
DOUBLE REFERRAL . This bill has been double-referred. Should
this bill pass out of this committee, it will be referred to the
Assembly Judiciary Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file.
Opposition
None on file.
Analysis Prepared by:Kelsy Castillo / HUM. S. / (916) 319-2089
AB 2723
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