BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 420|
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THIRD READING
Bill No: SB 420
Author: Huff (R), et al.
Amended: 4/27/15
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/21/15
AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone
SUBJECT: Prostitution
SOURCE: Alameda County District Attorney
Los Angeles County District Attorney
DIGEST: This bill defines and divides the crime of prostitution
into three separate forms: 1) the defendant agreed to receive
compensation, received compensation, or solicited compensation
in exchange for a lewd act; 2) the defendant provided
compensation, agreed to provide compensation, or solicited an
adult to accept compensation in exchange for a lewd act; and 3)
the defendant provided compensation, or agreed to provide
compensation, to a minor in exchange for a lewd act, regardless
of which party made the initial solicitation.
ANALYSIS:
Existing law:
1)Provides that any person who solicits, agrees to engage in, or
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engages in an act of prostitution is guilty of a misdemeanor.
The crime includes an element that the defendant specifically
intended to engage in an act of prostitution and some act was
done in furtherance of the agreed upon act. (Pen. Code § 647,
subd. (b).)
2)Provides that where any person is convicted for a second
prostitution offense, the person shall serve a sentence of at
least 45 days, no part of which can be suspended or reduced by
the court regardless of whether or not the court grants
probation. (Pen. Code § 647, subd. (k).)
3)Provides that where any person is convicted for a third
prostitution offense, the person shall serve a sentence of at
least 90 days, no part of which can be suspended or reduced by
the court regardless of whether or not the court grants
probation. (Pen. Code § 647, subd. (k).)
4)Provides that where a defendant is convicted of a prostitution
offense in which the defendant sought to procure or procured
the "sexual services of a prostitute who was a minor," the
following shall apply:
The defendant shall, in addition to any other fine or
penalty, be ordered to pay up to $25,000; and
Upon appropriation, the proceeds of the fine shall "be
available to fund programs and services for commercially
sexually exploited minors in the counties" of conviction.
(Pen. Code §§ 261.9 and 647, subd. (b).)
This bill divides prostitution into three separate crimes. Each
crime includes an element that the defendant takes some act
beyond manifestation of an agreement to engage in an act of
prostitution as follows:
1)One crime is committed by the person who agreed to pay, or
paid, or solicited another person to accept payment, in
exchange for a lewd act.
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2)A separate crime is committed by the person who agreed to
receive, received, or solicited another to provide
compensation for a lewd act.
3)A third crime is committed by a person who solicits a minor
for a lewd act in exchange for compensation, or who accepts an
offer by a minor to engage in a lewd act in exchange for
compensation paid to the minor.
NOTE: See Senate Public Safety Committee analysis for a
complete discussion of this bill.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified4/28/15)
Alameda County District Attorney (co-source)
Los Angeles County District Attorney (co-source)
Peace Officers Research Association of California
California Police Chiefs Association
California District Attorneys Association
OPPOSITION: (4/28/15)
California Attorneys for Criminal Justice
ARGUMENTS IN SUPPORT: The author argues: Currently there is
no distinction in law between an adult who is selling sexual
acts, from the adult who is purchasing sexual acts, or from an
adult who is purchasing sex from a minor. SB 420 focuses on the
demand side of human trafficking, by amending Penal Code Section
647, to separate the buyers and sellers of human trafficking and
prostitution.
SB 420 is a necessary first step in addressing the demand
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side of human trafficking. By making a distinct separation
in the Penal Code, between the individuals involved in
prostitution, we can see real numbers that will tell us how
many children and adults are being purchased for sex. By
US Department of State estimates, sex trafficking is a $32
billion industry in this country and 50 percent of
trafficking victims are minors.
ARGUMENTS IN OPPOSITION: According to the California Attorneys
for Criminal Justice, "The collective experience of our members
strongly suggests that there is no positive value to the
proposed changes in SB 420. Changing a long-standing definition
could lead to confusion and costly litigation."
Prepared by:Jerome McGuire / PUB. S. /
4/29/15 16:18:40
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