BILL ANALYSIS Ó
SB 1064
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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