Amended in Senate May 31, 2016

Senate BillNo. 1064


Introduced by Senator Hancock

February 16, 2016


An act to amend Sections 18259 and 18259.3 of, to amend the heading of Chapter 4.3 (commencing with Section 18259) of Part 6 of Division 9 of, and to repeal Sections 18259.1 and 18259.5 of, the Welfare and Institutions Code, relating to sexually exploited minors.

LEGISLATIVE COUNSEL’S DIGEST

SB 1064, as amended, Hancock. Sexually exploited minors.

Existing law, until January 1, 2017, authorizes the Counties of Alameda and Los Angeles respectively, to create a pilot project, contingent upon local funding, for the purposes of developing a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors, as specified.

This bill would extend the operation of this projectbegin delete indefinitely and expand its application to all counties.end deletebegin insert indefinitely in the Counties of Alameda and Los Angeles.end insert The bill would also expand the definition of a “commercially sexually exploited minor” to include, among others, a minor who has been adjudged a dependent of the juvenile court because he or she is a commercially sexually exploited child, and would create a presumption that, if a minor has been arrested for engaging in prostitution, or is the subject of a petition to adjudge him or her a dependent of the juvenile court because he or she is a commercially sexually exploited child, he or she is a commercially sexually exploited minor for the purposes of that definition.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

The heading of Chapter 4.3 (commencing with
2Section 18259) of Part 6 of Division 9 of the Welfare and
3Institutions Code
is amended to read:

4 

5Chapter  4.3. Sexually Exploited Minors Project
6

 

7

SEC. 2.  

Section 18259 of the Welfare and Institutions Code is
8amended to read:

9

18259.  

(a) begin deleteEach county, end deletebegin insertThe Counties of Alameda and Los
10Angeles, end insert
contingent upon local funding, maybegin insert eachend insert establish a
11project consistent with this chapter to develop a comprehensive,
12replicative, multidisciplinary model to address the needs and
13effective treatment of commercially sexually exploited minors
14who have been arrested or detained by local law enforcement for
15a violation of subdivision (a) or (b) of Section 647 or subdivision
16(a) of Section 653.22 of the Penal Code, or who have been
17adjudged a dependent of the juvenile court pursuant to paragraph
18(2) of subdivision (b) of Section 300.

19(b) The districtbegin delete attorney of each county,end deletebegin insert attorneys of the
20Counties of Alameda and Los Angeles,end insert
in collaboration with the
21respective county and community-based agencies, maybegin insert eachend insert
22 develop, as a component of the project described in this chapter,
23protocols for identifying and assessing minors, upon arrest or
24detention by law enforcement, who may be victims of commercial
25sexual exploitation.

26(c) The districtbegin delete attorney of each county,end deletebegin insert end insertbegin insertattorneys of the Counties
27of Alameda and Los Angeles,end insert
in collaboration with the respective
28county and community-based agencies that serve commercially
29sexually exploited minors, maybegin insert eachend insert develop, as a component of
30the project described in this chapter, a diversion program reflecting
31the best practices to address the needs and requirements of minors
32who have been determined to be victims of commercial sexual
33exploitation.

34(d) The districtbegin delete attorney of each county,end deletebegin insert end insertbegin insertattorneys of the
35Counties of Alameda and Los Angeles,end insert
in collaboration with the
P3    1respective county and community-based agencies, maybegin insert eachend insert form,
2as a component of the project described in this chapter, a
3multidisciplinary team including, but not limited to, city police
4departments, the county sheriff’s department, the public defender’s
5office, the probation department, child protection services, and
6community-based organizations that work with or advocate for
7commercially sexually exploited minors, to do both of the
8following:

9(1) Develop a training curriculum reflecting the best practices
10for identifying and assessing minors who may be victims of
11commercial sexual exploitation.

12(2) Offer and provide this training curriculum through
13multidisciplinary teams to law enforcement, child protective
14services, and others who are required to respond to arrested or
15detained minors who may be victims of commercial sexual
16exploitation.

17

SEC. 3.  

Section 18259.1 of the Welfare and Institutions Code
18 is repealed.

19

SEC. 4.  

Section 18259.3 of the Welfare and Institutions Code
20 is amended to read:

21

18259.3.  

(a) For purposes of this chapter, “commercially
22sexually exploited minor” means a person under 18 years of age
23who is described by one or more of the following:

24(1) Has been abused in the manner described in paragraph (2)
25of subdivision (c) of Section 11165.1 of the Penal Code, and who
26has been detained for a violation of the law or placed in civil
27protective custody on a safety hold based only on a violation of
28subdivision (a) or (b) of Section 647 or subdivision (a) of Section
29653.22 of the Penal Code.

30(2) Has been adjudged a dependent of the juvenile court pursuant
31to paragraph (2) of subdivision (b) of Section 300.

32(3) Has been the victim of abduction, as described in Section
33267 of the Penal Code.

34(4) Meets the definition of a victim of a severe form of
35trafficking, as defined in Section 7105 of Title 22 of the United
36States Code.

37(b) If a minor is arrested or detained for an alleged violation of
38subdivision (a) or (b) of Section 647 of the Penal Code or of
39subdivision (a) of Section 653.22 of the Penal Code, or if a minor
40is the subject of a petition to adjudge him or her a dependent of
P4    1the juvenile court pursuant to paragraph (2) of subdivision (b) of
2Section 300, he or she shall be presumed to be a commercially
3sexually exploited minor, as defined in subdivision (a).

4

SEC. 5.  

Section 18259.5 of the Welfare and Institutions Code
5 is repealed.



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