BILL NUMBER: SB 1064	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 31, 2016

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 project 
indefinitely and expand its application to all counties. 
 indefinitely in the Counties of Alameda and Los Angeles. 
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:

  SECTION 1.  The heading of Chapter 4.3 (commencing with Section
18259) of Part 6 of Division 9 of the Welfare and Institutions Code
is amended to read:
      CHAPTER 4.3.  SEXUALLY EXPLOITED MINORS PROJECT


  SEC. 2.  Section 18259 of the Welfare and Institutions Code is
amended to read:
   18259.  (a)  Each county,   The Counties of
Alameda and Los Angeles,  contingent upon local funding, may
 each  establish a project consistent with this chapter to
develop a comprehensive, replicative, multidisciplinary model to
address the needs and effective treatment of commercially sexually
exploited minors who have been arrested or detained by local law
enforcement for a violation of subdivision (a) or (b) of Section 647
or subdivision (a) of Section 653.22 of the Penal Code, or who have
been adjudged a dependent of the juvenile court pursuant to paragraph
(2) of subdivision (b) of Section 300.
   (b) The district  attorney of each county,  
attorneys of the Counties of Alameda and Los Angeles,  in
collaboration with the respective county and community-based
agencies, may  each  develop, as a component of the project
described in this chapter, protocols for identifying and assessing
minors, upon arrest or detention by law enforcement, who may be
victims of commercial sexual exploitation.
   (c) The district  attorney of each county,  
  attorneys of the Counties of Alameda and Los Angeles,
 in collaboration with the respective county and community-based
agencies that serve commercially sexually exploited minors, may 
each  develop, as a component of the project described in this
chapter, a diversion program reflecting the best practices to address
the needs and requirements of minors who have been determined to be
victims of commercial sexual exploitation.
   (d) The district  attorney of each county,  
  attorneys of the Counties of Alameda and Los Angeles,
 in collaboration with the respective county and community-based
agencies, may  each  form, as a component of the project
described in this chapter, a multidisciplinary team including, but
not limited to, city police departments, the county sheriff's
department, the public defender's office, the probation department,
child protection services, and community-based organizations that
work with or advocate for commercially sexually exploited minors, to
do both of the following:
   (1) Develop a training curriculum reflecting the best practices
for identifying and assessing minors who may be victims of commercial
sexual exploitation.
   (2) Offer and provide this training curriculum through
multidisciplinary teams to law enforcement, child protective
services, and others who are required to respond to arrested or
detained minors who may be victims of commercial sexual exploitation.

  SEC. 3.  Section 18259.1 of the Welfare and Institutions Code is
repealed.
  SEC. 4.  Section 18259.3 of the Welfare and Institutions Code is
amended to read:
   18259.3.  (a) For purposes of this chapter, "commercially sexually
exploited minor" means a person under 18 years of age who is
described by one or more of the following:
   (1) Has been abused in the manner described in paragraph (2) of
subdivision (c) of Section 11165.1 of the Penal Code, and who has
been detained for a violation of the law or placed in civil
protective custody on a safety hold based only on a violation of
subdivision (a) or (b) of Section 647 or subdivision (a) of Section
653.22 of the Penal Code.
   (2) Has been adjudged a dependent of the juvenile court pursuant
to paragraph (2) of subdivision (b) of Section 300.
   (3) Has been the victim of abduction, as described in Section 267
of the Penal Code.
   (4) Meets the definition of a victim of a severe form of
trafficking, as defined in Section 7105 of Title 22 of the United
States Code.
   (b) If a minor is arrested or detained for an alleged violation of
subdivision (a) or (b) of Section 647 of the Penal Code or of
subdivision (a) of Section 653.22 of the Penal Code, or if a minor is
the subject of a petition to adjudge him or her a dependent of the
juvenile court pursuant to paragraph (2) of subdivision (b) of
Section 300, he or she shall be presumed to be a commercially
sexually exploited minor, as defined in subdivision (a).
  SEC. 5.  Section 18259.5 of the Welfare and Institutions Code is
repealed.