BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 420| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 SB 420 Page 2 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. SB 420 Page 3 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) None received 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 SB 420 Page 4 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. Prepared by:Jerome McGuire / PUB. S. / 5/1/15 10:48:30 **** END ****