BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 420|
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                                UNFINISHED BUSINESS 


          Bill No:  SB 420
          Author:   Huff (R), et al.
          Amended:  8/11/16  
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 4/21/15
           AYES:  Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone

           SENATE FLOOR:  36-0, 5/4/15
           AYES:  Allen, Anderson, Bates, Beall, Block, Cannella, De León,  
            Fuller, Gaines, Galgiani, Hall, Hernandez, Hertzberg, Hill,  
            Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire,  
            Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen,  
            Nielsen, Pan, Roth, Runner, Stone, Vidak, Wieckowski, Wolk
           NO VOTE RECORDED:  Berryhill, Hancock, Pavley

           ASSEMBLY FLOOR:  79-0, 8/29/16 - See last page for vote
                 
           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.  









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          Assembly Amendments 1) restore a long-standing provision in  
          existing law - that the defendant must do some act "in  
          furtherance" of the offense, in addition to agreeing to engage  
          in commercial sex - that was inadvertently stricken in this  
          bill; and 2) add chaptering amendments to protect this bill and   
          SB 1129 (Monning), SB 1322 (Mitchell), and AB 1708 (Gonzalez).


          ANALYSIS:   


          Existing law: 


          1)Provides that any person who solicits, agrees to engage in, or  
            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:









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             a)   The defendant shall, in addition to any other fine or  
               penalty, be ordered to pay up to $25,000; and


             b)   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.

          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.

          Background:

          According to the author:

               Research proves that demand for commercial sex drives  
               the market for exploitation, especially among  
               children.  Under current law, any person who offers to  
               engage in or engages in any act of prostitution is  
               guilty of disorderly conduct.  It's time we call  
               purchasing of sex acts what it is and separate out the  
               buyers from the sellers, who more often than not - are  
               victims of sex trafficking.









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               There is now no distinction in law among an adult who  
               is selling sexual acts, from the adult who purchases  
               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 to address the demand  
               side of human trafficking.  By making separating the  
               individuals involved in prostitution, we can determine  
               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.   
               Easy access to the Internet enables human beings to  
               become ensnared and sold across state lines.  The FBI  
               has determined that three of the nations' thirteen  
               High Intensity Child Prostitution areas are located  
               here in California.  Data generated by SB 420 is  
               essential for crafting solutions to a disturbing  
               public safety enemy in our communities. 

          The narrow or initial purpose of this bill is to allow  
          collection of data to determine how many adults are arrested for  
          and convicted of paying for sexual acts, how many adults are  
          arrested for and convicted of selling sexual acts and how many  
          adults are arrested for and convicted of paying for sexual  
          services from minors.  The bill divides the prosecution statute  
          - Penal Code Section 647, subdivision (b) - into three  
          paragraphs reflecting each form of the crime.  In order for the  
          data to be valuable and accurate, reporting agencies will need  
          to specifically note the paragraph under which a defendant was  
          arrested and convicted.  Representatives from the California  
          Department of Justice explained: "The way [crime reports]  
          appears in the system is entirely dependent on the law  
          enforcement agency or court that enters the offense into the  
          system.  One agency may enter PC 647(b)(2) while another may  
          only enter PC 647(b)."

          Prosecutors will likely record the specific paragraph under  
          which the defendant is convicted - PC 647 (b)(2) for example.   








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          However, police officers and sheriff's deputies might not  
          specifically record the paragraph of arrest unless instructed to  
          do so.  Further, it may not be apparent to officers and deputies  
          what specific form of prostitution would be charged by the  
          prosecutor in any particular case.  That could cause some  
          confusion and inaccuracy in the data.

          Another impediment to full and accurate data collection is the  
          fact that sex with a minor is a crime.  If a minor and an adult  
          are involved in a prostitution incident, numerous outcomes  
          involving sex crimes and prostitution could occur.  For example,  
          the police could arrest both parties for prostitution, but the  
          prosecutor could charge the adult with a sex crime, or  
          prostitution, or both.  The prosecutor could charge the minor  
          with no crime, or file a prostitution charge.  The adult could  
          be initially charged with a sex crime but plead guilty to a  
          prostitution offense, perhaps if the minor appeared to be an  
          adult.  In sum, it may be difficult to determine the extent of  
          prostitution involving minors from arrest and conviction data.  

          Sexual conduct with a minor constitutes a felony in most  
          instances, regardless of whether anything of value was offered  
          or exchanged for the sexual acts.  If the minor involved in  
          commercial sex of was under the age of 14, the defendant has  
          committed the felony of lewd conduct, with a prison term of  
          three, six or eight years, or five, eight or 10 years if  
          coercion is involved (Pen. Code § 288, subds. (a)-(b).)   
          Soliciting an act of prostitution from a minor under the age of  
          14 could likely be prosecuted as attempted lewd conduct.  The  
          prison or jail term for an attempt is generally one-half the  
          punishment for the completed crime.  Where the defendant  
          solicited or employed a minor who was14 or 15 years old, and the  
          defendant was at least 10 years older than the minor, the  
          defendant has committed an alternate felony-misdemeanor.

          Any defined sex act - sodomy, sexual penetration, oral  
          copulation or sexual intercourse - with a minor is a crime.  The  
          penalties depend on the relative ages of the defendant and the  
          minor and whether the crime involved some form of force,  
          coercion or improper advantage.  A defendant charged with a  
          prostitution-related offense involving a minor could also be  
          charged and convicted of a sex crime in the same case.   








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          Generally, because the defined sex crime and the sexual commerce  
          offense would involve a single transaction or act, the defendant  
          could only be punished for one offense - the offense carrying  
          the greatest penalty.  (Pen. Code § 654.)  

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified8/29/16)


          Alameda County Board of Supervisors 
          California Against Slavery 
          California District Attorneys Association 
          California Police Chiefs Association 
          Peace Officers Research Association of California 
          Survivors for Solutions 


          OPPOSITION:   (Verified8/29/16)


          California Attorneys for Criminal Justice 
          California Public Defenders Association 
          Erotic Service Providers Union 

           ASSEMBLY FLOOR:  79-0, 8/29/16
           AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,  
            Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim,  
            Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,  
            Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  
            O'Donnell, Olsen, Patterson, Ridley-Thomas, Rodriguez, Salas,  
            Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner,  
            Waldron, Weber, Wilk, Williams, Wood, Rendon
           NO VOTE RECORDED: Quirk









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          Prepared by:Jerome McGuire / PUB. S. / 
          8/30/16 20:24:31


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