BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 776|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: SB 776
Author: Block (D)
Amended: 5/19/15 >
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 5/12/15
AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone
SUBJECT: Disorderly conduct: prostitution
SOURCE: Californians Against Slavery
DIGEST: This bill 1) directs the sentencing court to impose a
fine of between $500 and $2,000 upon a defendant convicted of a
prostitution offense if the defendant was the person who offered
to provide, agreed to provide or provided compensation for a
sexual act; 2) specifies that the fine shall be imposed subject
to the defendant's ability to pay. If the defendant cannot pay
the minimum fine, the court shall impose a fine the defendant
does have the ability to pay; and 3) provides that a portion of
the fine shall be retained by the county and used to fund
services to "victims of commercial sexual abuse."
ANALYSIS: Existing law provides that any person who solicits,
agrees to engage in, or engages in an act of prostitution is
guilty of a misdemeanor (Pen. Code § 647, subd. (b)), with the
following elements and relevant penalty provisions:
1)Provides that the crime does not occur unless the person
SB 776
Page 2
specifically intends to engage in an act of prostitution and
some act is done in furtherance of agreed upon act.
2)Provides that prostitution includes any lewd act between
persons for money or other consideration.
3)Provides that 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.
(Pen. Code § 647, subds. (b) and (k).)
4) Provides that a sentencing court imposes a criminal fine, the
fine shall include numerous penalty assessments and fees in
addition to the base fine - the fine stated in the penalty
provision for the crime. The penalty assessments are
approximately 310% of the base fine. A $100 fine requires the
defendant to actually pay approximately $410. (Pen. Code §
1463-1463.01.)
This bill:
1)Provides that where the defendant is convicted of a
prostitution offense the defendant shall pay a fine of between
$500 and $2,000, subject to the defendant's ability to pay.
If the defendant does not have the ability to pay at least the
$500, the court shall impose a fine the defendant does have
the ability to pay.
2)Provides that 75% of the base fine shall be retained by the
county of prosecution and used to fund housing, counseling,
other direct services and "exit programs" for victims of
commercial sexual exploitation. The board of supervisors of
the county shall designate a fund for deposit of "moneys
collected pursuant" to this special fine provision.
Background
The $500 minimum fine imposed upon prostitution customers under
this bill requires the defendant to actually pay at least $2,150
- the base fine, penalty assessments of approximately 310% of
the base fine and a restitution fine that is not subject to
penalty assessments. The penalty assessments fund a wide range
of government programs, from court security to victim-witness
SB 776
Page 3
programs. Other fees and costs apply in a criminal case,
including reimbursement to the county for court-appointed
counsel. Large criminal fines may be difficult to collect, as
collection could take years of effort and expense. The
estimated amount of uncollected court ordered debt in 2011 was
$10.2 billion.
(http://www.lao.ca.gov/reports/2014/criminal-justice/debt-collect
ion/court-ordered-debt-collection-111014.pdf.)
The base fine - the amount of the fine stated in the penalty for
the crime, not including penalty assessments - is paid to the
county. A moderate and certain fine would appear to be the most
effective way to produce any significant funding for services to
victims of commercial sexual exploitation. The restitution fine
- a minimum fine of $300 for a felony and $150 for a misdemeanor
- provides substantial and steady funding for the Victims of
Crime Program. It appears that total revenues of $60 million
are expected for 2015-2016 from restitution fines.
(http://www.ebudget.ca.gov/2015-16/pdf/GovernorsBudget/7500/7870.
pdf.)
The few demographic and economic studies of prostitution
customers indicate that they come from a wide range of
socio-economic backgrounds. It appears that persons with low
incomes are more likely to seek out street-level prostitutes,
and those are the persons most likely to be arrested.
(http://economics.uchicago.edu/pdf/Prostitution%205.pdf?q=venkate
sh .)
Without specific authority to reduce the fine, the court could,
pursuant to Penal Code Section 1385, strike the entire fine
provision if it found that the defendant could not pay the fine,
including penalty assessments. In that case, no fine would be
imposed at all. Authorizing the court to reduce the minimum
amount in an unusual case in the interests of justice would make
it more likely that a fine would actually be imposed and
collected in such cases. Further, a high fine could become
uncollectable, bringing the state or county to fruitlessly
expend resources in collection process. This bill, as amended
in the Senate Public Safety Committee, directs the court to
impose a fine on prostitution customers that the defendant has
the ability to pay. This bill will thus likely produce revenue
from most cases, creating a funding stream for services.
SB 776
Page 4
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified 5/20/15)
Californians Against Slavery (source)
Burning Bush Moments
California Police Chiefs Association
Everyone Free
Mary Magdalene Project, Inc.
Project Concern International
Redeeming Love
Rolling Hills Covenant Church
The A21 Campaign
Several individuals
OPPOSITION: (Verified 5/20/15)
California Public Defenders Association
Legal Services for Prisoners with Children
Prepared by:Jerome McGuire / PUB. S. /
5/21/15 14:59:06
**** END ****