BILL ANALYSIS Ó SB 1129 Page 1 SENATE THIRD READING SB 1129 (Monning) As Amended August 4, 2016 Majority vote SENATE VOTE: 23-14 -------------------------------------------------------------------- |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+-----------------------+---------------------| |Public Safety |5-2 |Jones-Sawyer, Lopez, |Melendez, Lackey | | | |Low, Quirk, Santiago | | | | | | | | | | | | -------------------------------------------------------------------- SUMMARY: Repeals specified mandatory minimum sentences for specified prostitution offenses. Specifically, this bill repeals the mandatory minimum terms for repeated prostitution offenses, leaving discretion with the court to impose an appropriate sentence as follows: 1)Eliminates the requirement that a person convicted for a second prostitution offense must serve a sentence of at least 45 days, no part of which can be suspended or reduced by the court, regardless of whether or not the court grants probation. SB 1129 Page 2 2)Eliminates the requirement that a person convicted for a third prostitution offense shall serve a sentence of at least 90 days, no part of which can be suspended or reduced by the court regardless of whether or not the court grants probation. EXISTING LAW: 1)Provides that any person who solicits, agrees to engage in, or engages in an act of prostitution is guilty of misdemeanor. Prostitution includes any lewd act between persons for money or other consideration. 2)Provides that any person who solicits another person to engage in any lewd or dissolute act in a public place is guilty of a misdemeanor. 3)Provides that any person is convicted for a second prostitution offense shall serve a sentence of at least 45 days, no part of which can be suspended or reduced by the court, regardless of whether or not the court grants probation. 4)Provides that any person convicted for a third prostitution offense shall serve a sentence of at least 90 days, no part of which can be suspended or reduced by the court regardless of whether or not the court grants probation. 5)Authorizes a sentencing court to suspend the driver's license of a person convicted of a prostitution offense that occurred with the use of a motor vehicle within 1,000 feet of a SB 1129 Page 3 "private residence." The court may restrict for six months the person's driving privilege to necessary travel to and from the person's place of employment or education. If operation of a motor vehicle is necessary for the performance of the person's employment duties, the court may allow driving for that purpose. FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS: According to the author, "Mandatory minimum sentencing laws grew largely out of 1980's tough-on-crime laws that sought stiffer punishments for drug and violent crimes and shifted sentencing many crimes from a rehabilitative approach, to a punitive, deterrence centered approach. The creation of statutory minimum sentences has not only increased jail and prison populations over subsequent decades; they have also stripped the court's ability to address the underlying issues that cause a person to offend in the first place. "California's misdemeanor crime provisions for prostitution contain some of the harshest mandatory penalties of all the current misdemeanor offenses by requiring a mandatory, minimum sentence of up to 90 days in jail for reoffending. Penal Code Section 647 requires that upon a second conviction of prostitution charges an offender must serve a minimum of 45 days in county jail, and 90 days upon a third misdemeanor conviction. The mandatory sentence found in Penal Code 647 exists under the assumption that mandatory jail time will deter future offenders from engaging in prostitution. The efficacy of mandatory minimums as a deterrent to crime has been the subject of debate, with many researchers concluding that they have been massively ineffective. "California's prison and jail overcrowding problem has reached SB 1129 Page 4 crisis levels, and has culminated in pushing supervision of more serious offenders down to the county jails. Requiring a 'john' or sex-worker to spend a minimum of 45, or even 90 days in county jail for a misdemeanor like prostitution creates the potential for jails needing to release more serious offenders in order to make room for those convicted of recidivist-prostitution. "Additionally, the mandatory sentences required under conviction of Penal Code 647 require jail time in all instances, and even goes so far as to specifically forbid judicial intervention. This prohibition on court involvement prevents a judge from tailoring a sentence for a specific offender, or ordering alternative probationary sanctions, such as participation in diversion and rehabilitation programs that target the root cause of the recidivism. Mandatory jail time also creates a potential disincentive for offenders to take part in court mandated probation or treatment programs, as an offender may opt to choose the 45 days in jail in order to avoid longer supervision terms or required programs. "Many of those who engage in prostitution are themselves victims of human trafficking and are often forced into sex work and should not be incarcerated for 45 to 90 days. Providing the courts discretion will allow judges to recognize trafficking and use their discretion in sentencing. With greater discretion a judge can order a sentence longer than 90 days for a recidivist john, or recommend a lesser, more programmatic-oriented option for victims of trafficking. "SB 1129 will repeal the mandatory minimum sentencing requirements for repeat offenders of prostitution and ensure that California's crowded jails are not burdened with these non-violent, non-serious offenders. Removing mandatory jail time will ensure repeat offenders are still punished for breaking the law, but allows for judicial discretion in SB 1129 Page 5 determining the suitability of the punishment. "SB 1129 will also remove the current statutory punishments outlined in Vehicle Code Section 13201.5, which allow the courts to remove a person's driving privileges for engaging in prostitution. These punitive statutes allow a judge to suspend a person's driver's license for up to 30 days, or restrict their driver's license for up to 6 months, if the prostitution was committed within 1,000 feet of a private residence and with the use of a vehicle. This arbitrary and summary removal of a person's license for up to 6 months is excessive, and would likely derail any rehabilitative efforts that could dissuade an offender from engaging it further prostitution." Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by: Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0003813 SB 1129 Page 6