BILL ANALYSIS                                                                                                                                                                                                    



                                                                    SB 1064


                                                                    Page  1





          Date of Hearing:  June 28, 2016


          Chief Counsel:     Gregory Pagan








                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                       Reginald Byron Jones-Sawyer, Sr., Chair





          SB  
          1064 (Hancock) - As Amended May 31, 2016





          SUMMARY:  Deletes the January 1, 2017 sunset date, and makes  
          permanent the Sexually Exploited Minors Project in the Counties  
          of Alameda and Los Angeles   Specifically, this bill:  



          1)Extends indefinitely the Sexually Exploited Minors Project in  
            the Counties of Alameda and Los Angeles.

          2)Expands the definition of "commercially sexually exploited  
            minor" to include the following:








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             a)   A minor who has been adjudged a dependent of the  
               juvenile court as a result of having been commercially  
               sexually exploited;

             b)   A minor who has been kidnapped for the purposes of  
               prostitution;



             c)   A minor who meets the federal definition of a "victim of  
               trafficking"; and,



             d)    A minor who has been arrested or detained for  
               soliciting an act of prostitution, or loitering with the  
               intent to commit an act of prostitution, or is the subject  
               of a petition to adjudge him or her as a dependent of the  
               juvenile court as a result of having been commercially  
               sexually exploited.





          EXISTING LAW:  



          1)Authorizes the County of Los Angeles 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 who have been arrested  
            or detained by local law enforcement for a prostitution  
            offense.  (Welf. & Inst. Code,  18259.7(a).)








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          2)Allows the Los Angeles County District Attorney to develop, in  
            collaboration with the county and community-based agencies  
            protocols for identifying and assessing minors who may be  
            victims of commercial sexual exploitations, upon their arrest  
            or detention by law enforcement.  (Welf. & Inst. Code,   
            18259.7(b).)

          3)Permits the Los Angeles County District Attorney, in  
            collaboration with county and community-based agencies to  
            develop a diversion program reflecting the best practices to  
            address the needs and requirements of arrested or detained  
            minors who have been determined to be victims of commercial  
            sexual exploitation.  (Welf. & Inst. Code,  18259.7(c).)

          4)Allows the Los Angeles County District Attorney in  
            collaboration with county and community-based agencies to form  
            a multidisciplinary team including, but not limited to, city  
            police departments, county sheriff's department, the public  
            defender's office, the probation department, child protective  
            services and the community-based organizations that work with  
            or advocate for sexually exploited minors.  This team will do  
            both of the following:  (Welf. & Inst. Code,   
            18259.7(d)(1)(2))

             a)   Develop a training curriculum reflecting best practices  
               for identifying and assessing minors who may be victims of  
               commercial sexual exploitation; and, 

             b)   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. 

          5)Requires the Los Angeles District Attorney's Office to submit  
            a report to the Legislature on or before April 1, 2016, that  
            summarizes his or her activities with relation to the pilot  
            project to assist the Legislature in determining whether the  








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            pilot project should be extended or expanded to other  
            counties. (Welf. & Inst. Code,  18259.7(e).)

          6)Requires the Los Angeles District Attorney's Office report to  
            include the number of sexually exploited minors, if any,  
            diverted by the program authorized in subdivision (c), and a  
            summary of the types of services and alternate treatments  
            provided to those minors.  The report shall be contingent upon  
            local funding, and shall be required only if the County of Los  
            Angeles establishes a pilot project and the district attorney  
            performs any of the activities of the pilot project  
            authorized.  The report shall not include any information that  
            would reveal the identity of a specific sexually exploited  
            minor. (Welf. & Inst. Code,  18259.7(e).)

          7)Sunsets the Los Angeles County pilot project on January 1,  
            2017. (Welf. & Inst. Code,  18259.10(b).)

          8)Allows the Alameda County District Attorney to create a pilot  
            project, contingent on local funding, for the purposes of  
            developing a comprehensive, replicative, multidisciplinary  
            model to address the needs and effective treatment of  
            commercially sexually exploited minors.  (Welfare and  
            Institutions Code (WIC) Section 18259.)

          9)Defines "commercially sexually exploited minor" for purposes  
            of the Alameda County pilot project as a person under the age  
            of 18 who has been abused, as specified, and who has been  
            detained for a violation of the law or placed in a civil hold  
            for specified offenses.  (Welf. & Inst. Code,  18259.3.)

          10)Creates a sunset date for the Alameda County pilot project of  
            January 1, 2012.  (Welf. & Inst. Code,  18259.5.)

          11)States that "sexual exploitation" refers to a person who  
            knowingly promotes, aids, or assists, employs, uses,  
            persuades, induces,  or coerces a child, or a person  
            responsible for the welfare of a child, who knowingly permits  
            or encourages a child to engage in, or assist others to engage  








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            in, prostitution or a live performance involving obscene  
            sexual conduct, or to either pose or model alone or with  
            others for purposes of preparing a film, photograph, negative,  
            slide, drawing, painting or other pictorial depiction  
            involving obscene sexual conduct.  (Pen. Code,   
            11165.1(c)(2).)

          12)Defines the following as "disorderly conduct," a misdemeanor  
            (Pen. Code,  647):

             a)   Solicitation of any person to engage in or who engages  
               in lewd or dissolute conduct in a public place or in any  
               place open to the public or exposed to public view; and, 

             b)   Solicitation or agreement to engage in or engagement in  
               an act of prostitution.  A person agrees to engage in an  
               act of prostitution when, with specific intent to so  
               engage, he or she manifests an acceptance of an offer or  
               solicitation to so engage, regardless of whether the offer  
               or solicitation was made by a person who also possessed the  
               specific intent to engage in prostitution.  No agreement to  
               engage in an act of prostitution shall constitute a  
               violation of this subdivision unless some act, in addition  
               to the agreement, is done within this state in furtherance  
               of the commission of an act of prostitution by the person  
               agreeing to engage in that act.  As used in this  
               subdivision, "prostitution" includes a lewd act between  
               persons for money or other consideration.

          13)Prohibits loitering in any public place with the intent to  
            commit prostitution.  (Pen. Code,  653.22.)  

          FISCAL EFFECT:  Unknown



          COMMENTS:

          1)Author's Statement:  According to the author, "According to  








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            UNICEF, every 2 minutes a child is groomed for sexual  
            exploitation. The California Children's Welfare Council  
            reports that at least 100,000 children are commercially  
            sexually exploited in the United States every year, with  
            another 300,000 children identified as being at risk for  
            exploitation.  Despite current national, state, and local  
            efforts, California faces a rapid increase in the number of  
            children being sexually exploited, especially in the form of  
            prostitution and child pornography. According to data  
            collected by the FBI, more than 3,000 juveniles were arrested  
            for prostitution in California between 2006 and 2012. 



            "According to the U.S. Department of Justice, three of the  
            nation's thirteen High Intensity Child Prostitution areas, as  
            identified by the FBI, are located in California: the San  
            Francisco, Los Angeles, and San Diego metropolitan areas.  
            Despite the shift in treating CSEC as victims, rather than  
            offenders, there were 174 prostitution-related arrests of  
            children, some as young as 12 years old, in California in  
            2014.

            "SB 1064 seeks to respond to the specialized needs of  
            commercially sexually exploited children (CSEC) in a way that  
            focuses on victimization rather than criminalization. The bill  
            eliminates the sunset date of January 1, 2017 on a pilot  
            project that authorized the Counties of Alameda and Los  
            Angeles to develop a multi-disciplinary model that addresses  
            the needs and effective treatment of commercially sexually  
            exploited minors who have been arrested or detained by local  
            law enforcement. 


            "By eliminating the sunset date, SB 1064 would extend the  
            operation of this project indefinitely in the Counties of  
            Alameda and Los Angeles. This bill would also further align  
            our statutory language defining commercially sexually  
            exploited minors with existing federal and state law."








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          2)Prior Legislation:

             a)   AB 799 (Swanson), Chapter 51, Statutes of 2011, extended  
               the repeal date until January 1, 2017 of a provision in  
               existing law that authorized the Alameda County to create a  
               pilot project, contingent upon local funding, for the  
               purpose of developing a comprehensive, replicative,  
               multidisciplinary model to address the needs and effective  
               treatment of commercially sexually exploited minors.

             b)   SB 1279 (Pavley), Chapter 116, Statutes of 2010, allowed  
               Los Angeles County to create a pilot project, contingent  
               upon local funding, for the purpose of developing a  
               comprehensive, replicative, multidisciplinary model to  
               address the needs and effective treatment of commercially  
               sexually exploited minors.

             c)   AB 499 (Swanson), Chapter 359, Statutes of 2008, created  
               a pilot project in Alameda County which may be implemented  
               contingent upon local funding for the purpose of diverting  
               sexually exploited minors accused of soliciting an act of  
               prostitution into supervised counseling and treatment  
               programs.

          REGISTERED SUPPORT / OPPOSITION:





          Support


          


          Alameda County District Attorney's Office (Co-sponsor)









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          McGeorge Legislative and Public Policy Clinic (Co-sponsor)


          State Coalition of Probation Officers (Co-sponsor)


          Association for Los Angeles Deputy Sheriffs


          Association of Deputy District Attorneys 


          Association of Orange County Deputy Sheriffs


          California Association of Marriage and Family Therapists


          California District Attorneys Association


          California Police Chiefs Association


          California State Association of Counties 


          California Statewide Law Enforcement Association


          Fraternal Order of Police, California State Lodge


          Fraternal Order of Police, N. California Probation Lodge 19


          Kern County Probation Officers Association









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          Long Beach Police Officers Association


          Los Angeles County Deputy Probation Officers Union, AFSCME,  
          Local 685


          Los Angeles Police Protective League


          Madera Probation Peace Officers Association


          National Association of Social Workers


          Professional Peace Officers Association


          Riverside Sheriffs Association


          Sacramento County Deputy Sheriffs Association


          Sacramento County Probation Association


          Sacramento Police Officers Association


          San Diego Police Officers Association


          San Joaquin County Probation Officers Association


          Santa Clara County Probation Peace Officers Union








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          Stanislaus County Deputy Probation Officers Association


          Ventura County Professional Peace Officers Association





          Opposition


          


          None





          Analysis Prepared by:Gregory Pagan / PUB. S. / (916)  
          319-3744