BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                UNFINISHED BUSINESS 


          Bill No:  SB 1064
          Author:   Hancock (D), et al.
          Amended:  8/18/16  
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  6-0, 4/12/16
           AYES:  Hancock, Glazer, Leno, Liu, Monning, Stone
           NO VOTE RECORDED:  Anderson

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/27/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           SENATE FLOOR:  39-0, 6/1/16
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,  
            Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson,  
            Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning,  
            Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone,  
            Vidak, Wieckowski, Wolk
           NO VOTE RECORDED:  Runner

           ASSEMBLY FLOOR:  79-0, 8/22/16 - See last page for vote

           SUBJECT:   Sexually exploited minors


           SOURCE:    Alameda County District Attorney
                      McGeorge Legislative and Public Policy Clinic
                      State Coalition of Probation Organizations


          DIGEST:   This bill deletes the January 1, 2017 sunset date, and  
          makes permanent the Sexually Exploited Minors Project in the  
          County of Alameda.









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          Assembly Amendments (1) remove Los Angeles County from the bill;  
          (2) add three coauthors; (3) and make other non-substantive  
          changes.


          ANALYSIS: 


          Existing law:


          1)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.)


          2)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.)


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


          4)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.  (Pen. Code, §  
            11165.1(c)(2).)








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          5)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.


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


          This bill: 


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


          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  








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            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.


          Background


          This bill expands the operation of Alameda County's program  
          statewide to all 58 counties, but the extension is contingent  








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          upon local funding and whether the county is willing to opt in.  
          This bill also expands the definition of the commercial sexual  
          exploitation of children to include minors who are dependents of  
          the juvenile court because he or she is a commercially sexually  
          exploited child or was arrested for engaging in prostitution. SB  
          1064 eliminates the sunset of the Alameda County pilot program  
          from January 1, 2017.


          Under the program, counties may establish a project to divert  
          commercially sexually exploited minors from incarceration into  
          support services. This bill also permits counties to plan,  
          create, and implement the tools necessary to identify, treat,  
          and rehabilitate commercially and sexually exploited children.  
          The program in Alameda County currently works to assess and  
          identify minors who are arrested or detailed by law enforcement  
          and may be victims of commercial sexual exploitation. It serves  
          as a diversion program consisting of best practices to address  
          the needs and services of these youth.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified8/22/16)


          Alameda County District Attorney (co-source)
          McGeorge Legislative and Public Policy Clinic (co-source)
          State Coalition of Probation Organizations (co-source)
          Association of Deputy District Attorneys
          Association of Orange County Deputy Sheriffs
          California District Attorneys Association
          California Police Chiefs Association
          California State Association of Counties
          California Statewide Law Enforcement Association
          Fraternal Order of Police, Northern California
          Kern County Probation Officers Association
          Long Beach Police Officers Association
          Los Angeles County Deputy Probation Officers Union, AFSCME Local  
          685
          Madera Probation Peace Officers AssociationNational Association  








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          of Social Workers, California Chapter
          Sacramento County Deputy Sheriff's 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
          Stanislaus County Deputy Probation Officers Association
          University of the Pacific McGeorge School of Law
          Ventura County Professional Peace Officers' Association


          OPPOSITION:   (Verified8/22/16)


          None received
           
           
           ASSEMBLY FLOOR:  79-0, 8/22/16
           AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,  
            Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim,  
            Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,  
            Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte,  
            O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
           NO VOTE RECORDED: Melendez




          Prepared by:Molly Lao / PUB. S. / 
          8/22/16 22:49:38


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