BILL ANALYSIS                                                                                                                                                                                                    



                                                                    SB 1064


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          SENATE THIRD READING


          SB  
          1064 (Hancock)


          As Amended  August 18, 2016


          Majority vote


          SENATE VOTE:  39-0


           -------------------------------------------------------------------- 
          |Committee       |Votes|Ayes                   |Noes                 |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |----------------+-----+-----------------------+---------------------|
          |Public Safety   |7-0  |Jones-Sawyer,          |                     |
          |                |     |Melendez, Lackey,      |                     |
          |                |     |Lopez, Low, Quirk,     |                     |
          |                |     |Santiago               |                     |
          |                |     |                       |                     |
           -------------------------------------------------------------------- 


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


          1)Extends indefinitely the Sexually Exploited Minors Project in  
            the County of Alameda.










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          2)Requires that the protocol for assessing minors upon arrest or  
            detention to determine if they may be a victim of sexual  
            exploitation be developed by the District Attorney of the  
            County of Alameda in collaboration with the county child  
            welfare agency, county probation, and sheriff.


          3)Requires that the protocol for assessing minors upon arrest or  
            detention to determine if they may be a victim of sexual  
            exploitation include how to make a report to the county child  
            welfare agency if there is reason to believe the minor comes  
            within the definition of a dependent child of the court, and a  
            process for the child welfare agency to investigate the  
            report.


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


             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.








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          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.  
          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.  


          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.  


          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:  


             a)   Develop a training curriculum reflecting best practices  
               for identifying and assessing minors who may be victims of  








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               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  
            pilot project should be extended or expanded to other  
            counties. 
          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. 


          7)Sunsets the Los Angeles County pilot project on January 1,  
            2017. 


          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.  


          9)Defines "commercially sexually exploited minor" for purposes  








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            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.  


          10)Creates a sunset date for the Alameda County pilot project of  
            January 1, 2012.  


          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  
            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.  


          12)Defines the following as "disorderly conduct," a misdemeanor:


             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  








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               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.  


          FISCAL EFFECT:  None.  This bill is keyed non-fiscal by the  
          Legislative Counsel.


          COMMENTS:  According to the author, "According to [United  
          Nations Children's Emergency Fund] UNICEF, every two 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 [Federal Bureau of Investigation] 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 13 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 [commercially sexually exploited  
          children] 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.









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          "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."




          Please see the policy committee analysis for a full discussion  
                          of this bill.


          Analysis Prepared by:                                             
                          Gregory Pagan / PUB. S. / (916) 319-3744  FN:  
          0004393