BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 776


                                                                    Page  1





          Date of Hearing:  June 30, 2015


          Counsel:               Gabriel Caswell








                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                                  Bill Quirk, Chair





          SB  
          776 (Block) - As Amended May 19, 2015





          SUMMARY:  Specifies a minimum fine upon offenders who engage in  
          prostitution and directs that money to be spent on services for  
          commercially exploited persons in the county in which they are  
          collected.   Specifically, this bill:  

          1)Specifies a fine imposed in prostitution cases, where the  
            defendant offered money in exchange for a lewd act, shall be a  
            fine of not less than $500 ($2,120 with assessments), and not  
            more than $2,000 ($8,270 with assessments).  

          2)Includes an "ability to pay" provision for the fine and  








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            permits courts to depart downward from the minimum specified  
            if the court determines that the defendant is unable to pay  
            the fine, and the court shall impose a fine that the defendant  
            is able to pay. 

          3)Requires that 75% of the moneys collected from that fine be  
            retained by the county and used to fund shelter, counseling,  
            and other direct services and exit programs for victims of  
            commercial sexual exploitation and sexual abuse.

          EXISTING LAW:  

          1)Defines "unlawful sexual intercourse" as an act of sexual  
            intercourse accomplished with a person under the age of 18  
            years, when no other aggravating elements - such as force or  
            duress - are present.  (Pen. Code § 261.5, subd. (a).)  

           2)Provides the following penalties for unlawful sexual  
            intercourse:  

              a)   Where the defendant is not more than three years older  
               or three years younger than the minor, the offense is a  
               misdemeanor;  

              b)   Where the defendant is more than three years older than  
               the minor, the offense is an alternate felony-misdemeanor,  
               punishable by a jail term of up to one year, a fine of up  
               to $1,000, or both, or by a prison term of 16 months, two  
               years or three years and a fine of up $10,000; or,
              
              c)   Where the defendant is at least 21 years of age and the  
               minor is under the age of 16, the offense is an alternate  
               felony-misdemeanor, punishable by a jail term of up to one  
               year, a fine of up to $1,000, or both, or by a prison term  
               of 16 months, two years or three years and a fine of up  
               $10,000.  (Pen. Code § 261.5, subd (b)-(d).)  

           3)Provides that in the absence of aggravating elements each  
            crime of sodomy, oral copulation or penetration with a foreign  








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            or unknown object with a minor is punishable as follows:  

              a)   Where the defendant is over 21 and the minor under 16  
               years of age, the offense is a felony, with a prison term  
               of 16 months, 2 years or 3 years.  

              b)   In other cases sodomy with a minor is a wobbler, with a  
               felony prison term of 16 months, 2 years or 3 years.  (Pen.  
               Code §§ 286, subd. (b), 288a, subd. (b), 289, subd.  (h).)  

           4)Provides that where each crime of sodomy, oral copulation or  
            penetration with a foreign or unknown object with a minor who  
            is under 14 and the perpetrator is more than 10 years older  
            than the minor, the offense is a felony, punishable by a  
            prison term of 3, 6 or 8 years.  (Pen. Code §§ 286, subd.  
            (c)(1), 288a, subd. (c)(1), 289, subd. (j).)  

           5)Provides that any person who engages in lewd conduct - any  
            sexually motivated touching or a defined sex act - with a  
            child under the age of 14 is guilty of a felony, punishable by  
            a prison term of 3, 6 or 8 years.  Where the offense involves  
            force or coercion, the prison term is 5, 8 or 10 years.  (Pen.  
            Code § 288, subd. (b).)  

           6)Provides that where any person who engages in lewd conduct  
            with a child who is 14 or 15 years old, and the person is at  
            least 10 years older than the child, the person is guilty of  
            an alternate felony-misdemeanor, punishable by a jail term of  
            up to one year, a fine of up to $1,000, or both, or by a  
            prison term of 16 months, two years or three years and a fine  
            of up $10,000.  (Pen. Code § 288, subd. (c)(1).)  

           7)Includes numerous crimes concerning sexual exploitation of  
            minors for commercial purposes.  These crimes include:  

              a)   Pimping:  Deriving income from the earnings of a  
               prostitute, deriving income from a place of prostitution,  
               or receiving compensation for soliciting a prostitute.   
               Where the victim is a minor under the age of 16, the crime  








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               is punishable by a prison term of three, six or eight  
               years.  (Pen. Code § 266h, subds. (a)-(b);
              
              b)   Pandering:  Procuring another for prostitution, inducing  
               another to become a prostitute, procuring another person to  
               be placed in a house of prostitution, persuading a person  
               to remain in a house of prostitution, procuring another for  
               prostitution by fraud, duress or abuse of authority, and  
               commercial exchange for procurement.  (Pen. Code § 266i,  
               subd. (a).);  

              c)   Procurement:  Transporting or providing a child under 16  
               to another person for purposes of any lewd or lascivious  
               act.  The crime is punishable by a prison term of three,  
               six, or eight years, and by a fine not to exceed $15,000.   
               (Pen. Code § 266j.)  

              d)   Taking a minor from her or his parents or guardian for  
               purposes of prostitution.  This is a felony punishable by a  
               prison term of 16 months, two years, or three years and a  
               fine of up to $2,000.  (Pen. Code § 267.); and,  

           8)Provides that where a person is convicted of pimping or  
            pandering involving a minor the court may order the defendant  
            to pay an additional fine of up to $5,000.  In setting the  
            fine, the court shall consider the seriousness and  
            circumstances of the offense, the illicit gain realized by the  
            defendant and the harm suffered by the victim.  The proceeds  
            of this fine shall be deposited in the Victim-Witness  
            Assistance Fund and made available to fund programs for  
            prevention of child sexual abuse and treatment of victims.   
            (Pen. Code § 266k, subd. (a).)   

           9)Provides that where a defendant is convicted of taking a minor  
            under the age 16 from his or her parents to provide to others  
            for prostitution (Pen. Code § 267) or transporting or  
            providing a child under the age of 16 for purposes of any lewd  
            or lascivious act (Pen. Code § 266j), the court may impose an  
            additional fine of up to $20,000.  (Pen. Code § 266k, subd.  








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            (b).)  

           10)Provides that where a defendant is convicted under the Penal  
            Code of taking a minor (under the age of 18) from his or her  
            parents for purposes of prostitution (Pen. Code § 267), or  
            transporting or providing a child under the age of 16 for  
            purposes of any lewd or lascivious act (266j), the court, if  
            it decides to impose a specified additional fine, the fine  
            must be no less than $5,000, but no more than $20,000.  (Pen.  
            Code § 266k, subd. (b).)  

           11)Provides that any person who solicits, agrees to engage in,  
            or engages in an act of prostitution is guilty of a  
            misdemeanor.  The crime does not occur unless the person  
            specifically intends to engage in an act of prostitution and  
            some act is done in furtherance of agreed upon act.   
            Prostitution includes any lewd act between persons for money  
            or other consideration.  (Pen. Code § 647, subd. (b).)  

           12)Provides that if the defendant agreed to engage in an act of  
            prostitution, the person soliciting the act of prostitution  
            need not specifically intend to engage in an act or  
            prostitution.  (Pen. Code § 647, subd. (b).)  

           13)Provides that where any person is convicted of 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).)  

           14)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).) 
           
           15)Provides if the person who was solicited was a minor at the  
            time of the offense, and if the defendant knew or should have  
            known that the person who was solicited was a minor at the  








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            time of the offense, the violation is punishable by  
            imprisonment in a county jail for not less than two days and  
            not more than one year, or by a fine not exceeding ten  
            thousand dollars ($10,000), or by both that fine and  
            imprisonment.  (Pen. Code, §, 647, subd. (m).)   

           
          FISCAL EFFECT:  Unknown

          COMMENTS:  

          1)Author's Statement:  According to the author, "SB 776 directly  
            targets sex buyers by establishing a base fine of not less  
            than $500 and not more than $2,000 upon conviction for  
            soliciting prostitution. The measure directs 75% of the  
            collected fines to counties to fund shelters, counseling, and  
            other services for victims of commercial sexual exploitation  
            and sexual abuse.  

            "Demand for prostitution continues to drive sexual  
            exploitation and the commercial sex industry. The most  
            efficient approach in stopping this abuse is to focus on the  
            sex buyers: When they stop buying, the entire system of  
            degradation collapses.
             
            "Current penalties for soliciting prostitution have done  
            little or nothing to curtail the demand for sexual  
            exploitation. Under current law, an individual convicted of  
            soliciting prostitution is guilty of a misdemeanor with jail  
            time of not more than 6 months in county jail, a fine of not  
            more than $1,000, or both. These penalties have not served as  
            effective deterrents. 

            "The demand in the commercial sex industry is driven primarily  
            by buyers. And while they are the driving force behind this  
            heinous industry, they are arrested and prosecuted at a  
            significantly lower rate than the exploited individual.  
            According to the Attorney General, between 2003 and 2012,  
            124,140 prostitution arrests were made in California. Only  








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            one-third of those arrests were for solicitation; two-thirds  
            of the arrests were prostituted females. 

            "A great unmet need exists for funding community-based  
            agencies that provide services to sex trafficking victims and  
            commercially sexually exploited persons. Counties are  
            overwhelmed by the entire commercial sex industry which  
            strains already scarce public safety resources. Very little  
            funding is available for intervention and services for  
            exploited victims at the local level.  

            "SB 776 will target the demand for sexual exploitation  
            directly and provide essential resources to victims of these  
            heinous crimes." 
            
          2)Prostitution and Human Trafficking, Though Related, are not  
            Always the Same Thing:  A growing number of policy discussions  
            are equating prostitution offenses with human trafficking  
            offenses.  There is no doubt that the crimes are related,  
            however, they are not the same crime.  A number of proposals  
            seek to treat all prostitution offenses more severely because  
            of the grave threat and nature of human trafficking.  Human  
            trafficking is a very serious crime, involving forced  
            servitude, with very serious penalties.  Most prostitution  
            offenses between a person who is soliciting a prostitute and  
            the prostitute themselves are misdemeanor crimes, which are  
            unrelated to human trafficking.  Additionally, pimps and  
            panderers generally are treated more severely by the law, with  
            much more serious consequences than the prostitute or the  
            "john."  Unlike the crimes of pimping and pandering, human  
            trafficking is a crime that generally involves some form of  
            force or coercion.  

          California has existing strict laws for the treatment of pimps  
            and panderers, as well as human traffickers.  However, those  
            crimes are not the same and should not be treated the same.   
            Furthermore, not every person who solicits a prostitute is  
            engaged in the crime of human trafficking.  In fact, the vast  
            majority are not purchasing a commercial sex act with a person  








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            who is being forced to engage in the activity through the  
            auspices of human trafficking.  Categorizing all "johns" as  
            human traffickers, or all pimps and panderers as human  
            traffickers, is unproductive in setting criminal justice  
            policy.   Blurring the lines between the less severe crimes  
            related to prostitution, and the more severe crimes related to  
            human trafficking, weakens the severity of human trafficking  
            offenses.  For instance, this committee has approved bills to  
            add human trafficking to the list of serious felonies.   
            However, if we continue to expand the definition of human  
            trafficking to include more minor prostitution-related  
            offenses the committee would have to re-evaluate in the future  
            whether it would still consider human trafficking a serious  
            felony.  

            According to the Polaris Project, "Human trafficking is a form  
            of modern-day slavery where people profit from the control and  
            exploitation of others.  As defined under U.S. federal law,  
            victims of human trafficking include children involved in the  
            sex trade, adults age 18 or over who are coerced or deceived  
            into commercial sex acts, and anyone forced into different  
            forms of 'labor or services,' such as domestic workers held in  
            a home, or farm-workers forced to labor against their will.   
            The factors that each of these situations have in common are  
            elements of force, fraud, or coercion that are used to control  
            people."   
            (<  http://www.polarisproject.org/human-trafficking/overview  >.)   




            Pimping under California law means receiving compensation from  
            the solicitation of a known prostitute.  (Pen. Code, § 266h.)   
            Whereas pandering means procuring another person for the  
            purpose of prostitution by intentionally encouraging or  
            persuading that person to become or continue being a  
            prostitute.  (Pen. Code, § 266i.)  Oftentimes, pimps use  
            mental, emotional, and physical abuse to keep their  
            prostitutes generating money.  Consequently, there has been a  








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            paradigm shift where pimping and pandering is now viewed as  
            possible human trafficking.

            This new approach has been criticized by some because it blurs  
            the line between human trafficking and prostitution.  Sex  
            workers say it discounts their ability to willingly work in  
            the sex industry.  (See Nevada Movement Draws the Line on  
            Human Trafficking by Tom Ragan, Las Vegas Review Journal, May  
            26, 2013, <  
             http://www.reviewjournal.com/news/las-vegas/nevada-movement-dra 
            ws-line-human-trafficking  >.)  
             a)   Prostitution Generally:  The basic crime of prostitution  
               is a misdemeanor offense.  (Pen. Code § 647(b).)   
               Prostitution can be generally defined as "soliciting or  
               agreeing to engage in a lewd act between persons for money  
               or other consideration."  Lewd acts include touching the  
               genitals, buttocks, or female breast of either the  
               prostitute or customer with some part of the other person's  
               body for the purpose of sexual arousal or gratification of  
               either person.  

               To implicate a person for prostitution themselves, the  
               prosecutor must prove that the defendant "solicited" or  
               "agreed" to "engage" in prostitution.  A person agrees to  
               engage in prostitution when the person accepts an offer to  
               commit prostitution with specific intent to accept the  
               offer, whether or not the offerer has the same intent.


               For the crime of "soliciting a prostitute" the prosecutors  
               must prove that the defendant requested that another person  
               engage in an act of prostitution, and that the defendant  
               intended to engage in an act of prostitution with the other  
               person, and the other person received the communication  
               containing the request.  The defendant must do something  
               more than just agree to engage in prostitution.  The  
               defendant must do some act in furtherance of the agreement  
               to be convicted.  Words alone may be sufficient to prove  
               the act in furtherance of the agreement to commit  








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               prostitution 


               Violation of  Pen.  Code § 647(b) is a misdemeanor.  For a  
               first offense conviction of prostitution the defendant  
               faces up to 180 days in jail.  If a defendant has one prior  
               conviction of prostitution he or she must receive a county  
               jail sentence of not less than 45 days.  If the defendant  
               has two or more prior convictions, the minimum sentence is  
               90 days in the county jail. 


               In addition to the punishment described above, if the  
               defendant has a conviction of prostitution, he or she faces  
               fines, probation, possible professional licensing  
               restrictions or revocations, possible immigration  
               consequences, possible asset forfeiture, and possible  
               driving license restrictions.  


               Closely associated crimes to prostitution include:   
               abduction of a minor for prostitution (Pen. Code 267);  
               seduction for prostitution (Pen. Code 266); keeping a house  
               of prostitution (Pen. Code 315); leasing a house for  
               prostitution (Pen. Code 318); sending a minor to a house of  
               prostitution (Pen. Code 273e); taking a person against that  
               person's will for prostitution (Pen. Code 266a); compelling  
               a person to live in an illicit relationship (Pen. Code  
               266b); placing or leaving one's wife in a house of  
               prostitution (Pen. Code 266g);  loitering for prostitution   
               (Pen. Code  653.22 subd. (a)  ); pimping   (  Pen. Code  266h)  ;  
               or,  pandering   (  Pen. Code 266i)  .  Most of these crimes are  
               punished much more severely than the underlying  
               prostitution offense, particularly the crimes of pimping,  
               pandering, and procurement.  


             b)   Human Trafficking Generally:  Human trafficking involves  
               the recruitment, transportation or sale of people for  








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               forced labor.  Through violence, threats and coercion,  
               victims are forced to work in, among other things, the sex  
               trade, domestic labor, factories, hotels and agriculture.   
               According to the January 2005 United States Department of  
               State's Human Smuggling and Trafficking Center report,  
               "Fact Sheet:  Distinctions Between Human Smuggling and  
               Human Trafficking", there is an estimated 600,000 to  
               800,000 men, women and children trafficked across  
               international borders each year.  Of these, approximately  
               80% are women and girls and up to 50% are minors.  A recent  
               report by the Human Rights Center at the University of  
               California, Berkeley cited 57 cases of forced labor in  
               California between 1998 and 2003, with over 500 victims.   
               The report, "Freedom Denied", notes most of the victims in  
               California were from Thailand, Mexico, and Russia and had  
               been forced to work as prostitutes, domestic slaves, farm  
               laborers or sweatshop employees.  [University of  
               California, Berkeley Human Rights Center, "Freedom Denied:   
               Forced Labor in California" (February, 2005).]  According  
               to the author: 

             "While the clandestine nature of human trafficking makes it  
               enormously difficult to accurately track how many people  
               are affected, the United States government estimates that  
               about 17,000 to 20,000 women, men and children are  
               trafficked into the United States each year, meaning there  
               may be as many as 100,000 to 200,000 people in the United  
               States working as modern slaves in homes, sweatshops,  
               brothels, agricultural fields, construction projects and  
               restaurants."

               In 2012, Californians voted to pass Proposition 35, which  
               modified many provisions of California's already tough  
               human trafficking laws.  The proposition increased criminal  
               penalties for human trafficking, including prison sentences  
               up to 15-years-to-life and fines up to $1,500,000.   
               Additionally, the proposition specified that the fines  
               collected are to be used for victim services and law  
               enforcement.  Proposition 35 requires persons convicted of  








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               trafficking to register as sex offenders.  Proposition 35  
               prohibits evidence that victim engaged in sexual conduct  
               from being used against victims in court proceedings.   
               Additionally, the proposition lowered the evidential  
               requirements for showing of force in cases of minors.  


               i)     Trafficking Victims Protection Act of 2000 (22 USC  
                 Sections 7101 et seq.):  In October 2000, the Trafficking  
                 Victims Protection Act of 2000 (TVPA) was enacted and is  
                                                                           comprehensive, addressing the various ways of combating  
                 trafficking, including prevention, protection and  
                 prosecution.  The prevention measures include the  
                 authorization of educational and public awareness  
                 programs.  Protection and assistance for victims of  
                 trafficking include making housing, educational,  
                 health-care, job training and other federally funded  
                 social service programs available to assist victims in  
                 rebuilding their lives.  Finally, the TVPA provides law  
                 enforcement with tools to strengthen the prosecution and  
                 punishment of traffickers, making human trafficking a  
                 federal crime.

               ii)    Recent Update to Human Trafficking Laws:  In 2012,  
                 Californians voted to pass Proposition 35, which modified  
                 many provisions of California's already tough human  
                 trafficking laws.  Specifically, Proposition 35 increased  
                 criminal penalties for human trafficking offenses,  
                 including prison sentences up to 15-years-to-life and  
                 fines up to $1.5 million.  The proposition specified that  
                 the fines collected are to be used for victim services  
                 and law enforcement.  In criminal trials, the proposition  
                 prohibits the use of evidence that a person was involved  
                 in criminal sexual conduct (such as prostitution) to  
                 prosecute that person for that crime if the conduct was a  
                 result of being a victim of human trafficking, and makes  
                 evidence of sexual conduct by a victim of human  
                 trafficking inadmissible for the purposes of attacking  
                 the victim's credibility or character in court.  The  








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                 proposition lowered the evidentiary requirements for  
                 showing of force in cases of minors. 

               Proposition 35 also requires persons convicted of human  
                 trafficking to register as sex offenders and expanded  
                 registration requirements by requiring registered sex  
                 offenders to provide the names of their internet  
                 providers and identifiers, such as e-mail addresses, user  
                 names, and screen names, to local police or sheriff's  
                 departments.  After passage of Proposition 35, plaintiffs  
                 American Civil Liberties Union and Electronic Frontier  
                 Foundation filed a law suit claiming that these  
                 provisions unconstitutionally restricts the First  
                 Amendment rights of registered sex offenders in the  
                 states.  A United States District Court judge granted a  
                 preliminary injunction prohibiting the implementation or  
                 enforcement of Proposition 35's provisions that require  
                 registered sex offenders to provide certain information  
                 concerning their Internet use to law enforcement.  [Doe  
                 v. Harris (N.D. Cal., Jan. 11, 2013, No. C12-5713) 2013  
                 LEXIS 5428.]  
                
               iii)California Attorney General's Report on Human  
                 Trafficking:  The California Attorney General's Human  
                 Trafficking in California 2012 report stated that human  
                 trafficking investigations and prosecutions have become  
                 more comprehensive and organized.  There are nine human  
                 trafficking task forces in California, composed of local,  
                 state and federal law enforcement and prosecutors.

                 Data on human trafficking has improved, although the data  
                 still does not reflect the actual extent and range of  
                 human trafficking.  Data from 2010 through 2012 collected  
                 by the California task forces are set out in the  
                 following chart:


                    California Human Trafficking Task Forces Data  
          2010-2012








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                  --------------------------------------------------------- 
                 |Investigations                  |2,552                   |
                 |                                |                        |
                 |                                |                        |
                 |--------------------------------+------------------------|
                 |Victims Identified              |1,277                   |
                 |                                |                        |
                 |                                |                        |
                 |--------------------------------+------------------------|
                 |Arrests Made                    |1,798                   |
                 |                                |                        |
                 |                                |                        |
                  --------------------------------------------------------- 



                   Trafficking by Category


                 ---------------------------------------------------------- 
                |Sex Trafficking                 |56%                      |
                |                                |                         |
                |                                |                         |
                |--------------------------------+-------------------------|
                |Labor Trafficking               |23%                      |
                |                                |                         |
                |                                |                         |
                |--------------------------------+-------------------------|
                |Unclassified or Insufficient    |21%                      |
                |Information                     |                         |
                |                                |                         |
                |                                |                         |
                |                                |                         |
                |                                |                         |
                 ---------------------------------------------------------- 










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          3)Sexual Acts with Minors Regardless of the Payment of  
            Compensation Constitutes a Sex Crime:  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  
            was 14 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.   
            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.)  

          4)Minimum Specified Fines Remove Judicial Discretion and are  
            Subject to Penalties and Assessments:  Judges are in the best  
            position to determine the appropriate sentence in a particular  
            case.  The judge presiding over a particular case is an  
            independent arbiter of the facts and circumstances presented.   
            The Legislature should pause before removing this discretion  
            from judges, and tie their hands in particular matters.  For  
            this reason, minimum specified fines have been generally  
            disfavored as a form of punishment.   
           








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          Setting the penalty, or range of penalties, for a crime is an  
            inherently legislative function.  The Legislature does have  
            the power to require a minimum term or other specific  
            sentence.  (Keeler v. Superior Court (1970) 2 Cal.3d 619,  
            631.)  Sentencing, however, is solely a judicial power.   
            (People v. Tenorio (1970) 3 Cal.3d 89, 90-93; People v.  
            Superior Court (Fellman) (1976) 59 Cal.App.3d 270, 275.)   
            California law effectively directs judges to impose an  
            individualized sentence that fits the crime and the  
            defendant's background, attitude, and record.  (Cal. Rules of  
            Court, rules 4.401-4.425.)  This bill limits judicial  
            discretion and requires a minimum fine of $500 to be imposed  
            in each case, regardless of the facts of the case and the  
            defendant's record.  

          Also, there are penalty assessments and fees assessed on the  
            base fine for a crime.  Assuming a defendant was fined $2,000  
            for engaging in prostitution as the maximum fine, the  
            following penalty assessments would be imposed pursuant to the  
            Penal Code and the California Government Code:
            Base Fine:                                                      
                                                           $    2,000



            Penal Code 1464 assessment:                                     
                   $                                       2,000  ($10 for  
            every $10)
            Penal Code 1465.7 surcharge:                                    
                                                                   400   
            (20% surcharge)
            Penal Code 1465.8 assessment:                                   
                            40  ($40 fee per offense)
            Government Code 70372 assessment:                               
                  1,000 ($5 for every $10)
            Government Code 70373 assessment:                               
                      30  ($30 for felony or misd.)
            Government Code 76000 assessment:                               
                  1,400  ($7 for every $10)








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            Government Code 76000.5 assessment:                             
                    400  ($2 for every $10) 
            Government Code 76104.6 assessment:                             
                    200  ($1 for every $10)
            Government Code 76104.7 assessment:                             
                    800  ($4 for every $10)

            Total Additional Fine with Assessments:                    $  
            8,270


            Based on the same calculations, the total minimum fine of $500  
            would be                                            $ 2,120  


          5)Argument in Support:  According to the San Diego District  
            Attorney's Office, "Our office sees first-hand the impact of  
            prostitution in our community.  We recognize there is not  
            enough funding to address the needs of sex trafficking  
            victims.  We believe SB 776will go a long ways to target this  
            issue.  Current penalties for soliciting prostitution have  
            done little or nothing to curtail the demand for sexual  
            exploitation.  Under current law, an individual convicted of  
            soliciting prostitution is guilty of a misdemeanor with jail  
            time of not more than 6 months in the county jail, a fine of  
            not more than $1,000, or both.  
            
            "The demand in the commercial sex industry is driven primarily  
            by buyers.  And while they are the driving force behind this  
            black-market industry, they are arrested and prosecuted at a  
            significantly lower rate than the exploited individual.   
            Between 2003 and 2012, nearly 125 thousand prostitution  
            arrests were made in California.  Only one-third of those  
            arrests were for solicitation; two-thirds of the arrests were  
            prostituted females.  
            "a great unmet need exists for funding community-based  
            agencies that provide services to sex trafficking victims and  
            commercially sexually exploited persons.  Counties are  
            overwhelmed by the entire commercial sex industry which  








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            strains already scarce public safety resources.  Very little  
            funding is available for intervention and services for  
            exploited victims at the local level."  

          6)Argument in Opposition:  According to the California Public  
            Defenders Association, "This bill will amend Penal Code  
            section 647 to require a mandatory minimum $500 fine for any  
            adult convicted of solicitation of prostitution.  The money  
            would be used to fund shelters, counseling programs, and exit  
            programs for victims of commercial sexual exploitation and  
            abuse.  
            
            "Although clearly seeking a solution to a long standing  
            problem, SB 776 is not likely to serve as a deterrent.  More  
            than doubling the mandatory minimum misdemeanor fine is not  
            warranted.  With the addition of the court costs which will  
            double the base fine to $1,000 and the maximum fine up to  
            $4,000.  Human trafficking is a significant problem that  
            deserves study and a comprehensive approach to addressing.   
            Simply raising fines is unlikely to make a significant  
            impact."  

          7)Prior Legislation:  SB 1388 (Lieu), Statutes of 2014, Chapter  
            714, imposed fines for solicitation of a minor.  Provisions  
            that would have redefined the crime of prostitution, imposed a  
            mandatory minimum jail sentence for a first-offense, and  
            imposed mandatory minimum fines for prostitution were amended  
            out of the bill in the Assembly Public Safety Committee.   

          REGISTERED SUPPORT / OPPOSITION:

          Support
          
          A21 Campaign 
          After Hours 
          Bridge Network 
          Burning Bush Moments 
          California Against Slavery 
          California District Attorneys Association 








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          California Police Chiefs Association 
          California Statewide Law Enforcement Association
          Care 18 LA 
          Domestic Violence Center of Santa Clara County  
          Free for Life
          Generate Hope  
          Mary Magdalene Project
          Miraculous Ones 
          Redeeming Love 
          San Diego District Attorney's Office
          Saving Innocence  
          Soroptimist International of Vista, CA 
          Survivors for Solutions
          Two Wings  
          World Impact 

          3 private individuals 

          Opposition
          
          California Public Defenders Association 

          Analysis Prepared by:Gabriel Caswell / PUB. S. / (916)  
          319-3744