BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1064|
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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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