BILL ANALYSIS                                                                                                                                                                                                    



                                                                 AB 33
                                                                 Page  1

          Date of Hearing:   April 6, 2005

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                   Judy Chu, Chair

                     AB 33 (Runner) - As Amended:  March 8, 2005 

          Policy Committee:                              Public  
          SafetyVote:  7-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill:

          1)Deletes the infraction penalty from the alternate  
            misdemeanor/infraction crime of communicating with a minor for  
            the purpose of luring the minor from the minor's home, thus  
            making the crime punishable as a straight misdemeanor. 

          2)Adds the crime of luring a minor from the home to the list of  
            crimes for which a computer used in the commission of the  
            offense may be forfeited.

          3)Increases the age of the minor, for the purpose of these  
            provisions, from 12 to 14.
           
           FISCAL EFFECT  

          1)Negligible state cost.

          2)Potential minor nonreimbursable local incarceration costs,  
            offset to some extent by increased fine revenue. 

          COMMENTS  

           1)Rationale  . According to the author, the proliferation of the  
            Internet has resulted in child predators moving from  
            playgrounds to web sites. This bill is an effort to slightly  
            expand the reach of current law by (a) increasing the number  
            of children covered under current law, by raising the age from  
            12 to 14; (a) authorizing forfeiture of computer equipment  
            used for luring; and (c) increasing the penalty by making the  








                                                                 AB 33
                                                                 Page  2

            offense a straight misdemeanor rather than an alternate  
            infraction/misdemeanor, which means essentially the minimum  
            penalty for the offense increases from a fine of up to $250 to  
            a fine of up to $1,000.

           2)Current law  provides that an adult stranger 21 years of age or  
            older who knowingly communicates with a minor 12 years of age  
            or younger for the purpose of persuading, transporting, or  
            luring the minor away from his or her home or known location,  
            without consent, is guilty of an alternate  
            infraction/misdemeanor, punishable by a fine of up to $250, or  
            by up to six months in county jail and/or a fine of up to  
            $1,000.

           3)Prior legislation  to increase the penalty for this offense  
            from an alternate infraction/misdemeanor to an alternate  
            felony/misdemeanor was held on this committee's Suspense File  
            (AB 141, Cardoza, 2001).  


          Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081