BILL ANALYSIS
AB 17
Page 1
ASSEMBLY THIRD READING
AB 17 (Swanson)
As Amended June 1, 2009
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
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|Ayes:|Solorio, Hagman, |Ayes:|De Leon, Nielsen, |
| |Furutani, Gilmore, Hill, | |Ammiano, |
| |Ma, Skinner | |Charles Calderon, Davis, |
| | | |Duvall, Fuentes, Hall, |
| | | |Harkey, Miller, |
| | | |John A. Perez, Price, |
| | | |Skinner, |
| | | |Solorio, Audra |
| | | |Strickland, Torlakson, |
| | | |Krekorian |
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SUMMARY : Modifies several provisions related to the sexual
exploitation of minors. Specifically, this bill :
1)Adds abduction or procurement by fraudulent inducement for
prostitution to the list of crimes for which a forfeiture of
assets can be sought for criminal profiteering.
2)Creates an additional fine not to exceed $20,000 for
procurement of a minor for prostitution and abduction of a
minor for prostitution
3)Specifies that 50% of the additional fines collected up to
$20,000 shall be deposited in the Victim-Witness Assistance
Fund and shall be granted to community-based organizations
that serve minor victims of human trafficking.
EXISTING LAW :
1)The Office of Emergency Services shall provide grants to
proposed and existing child sexual exploitation and child
sexual abuse victim counseling centers and prevention
programs. Grant recipients shall provide appropriate
in-person counseling and referral services during normal
business hours, and maintain other standards or services which
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shall be determined to be appropriate by the advisory
committee established pursuant to Penal Code Section 13836 as
grant conditions. The advisory committee shall identify the
criteria to be utilized in awarding the grants provided by
this chapter before any funds are allocated. In order to be
eligible for funding pursuant to this chapter, the centers
shall demonstrate an ability to receive and make use of any
funds available from governmental, voluntary, philanthropic,
or other sources which may be used to augment any state funds
appropriated for purposes of this chapter. Each center
receiving funds pursuant to this chapter shall make every
attempt to qualify for any available federal funding. State
funds provided to establish centers shall be utilized when
possible, as determined by the advisory committee, to expand
the program and shall not be expended to reduce fiscal support
from other public or private sources. The centers shall
maintain quarterly and final fiscal reports in a form to be
prescribed by the administering agency. In granting funds,
the advisory committee shall give priority to centers which
are operated in close proximity to medical treatment
facilities.
2)States that upon the conviction of any person for pimping,
pandering, or procurement, the court may, in addition to any
other penalty or fine imposed, order the defendant to pay an
additional fine not to exceed $5,000. In setting the amount
of the fine, the court shall consider any relevant factors
including, but not limited to, the seriousness and gravity of
the offense and the circumstances of its commission, whether
the defendant derived any economic gain as the result of the
crime, and the extent to which the victim suffered losses as a
result of the crime. Every fine imposed and collected under
this section shall be deposited in the Victim-Witness
Assistance Fund to be available for appropriation to fund
child sexual exploitation and child sexual abuse victim
counseling centers and prevention programs. If the court
orders a fine to be imposed pursuant to this section, the
actual administrative cost of collecting that fine, not to
exceed 2% of the total amount paid, may be paid into the
general fund of the county treasury for the use and benefit of
the county.
3)States that any person who, knowing another person is a
prostitute, lives or derives support or maintenance in whole
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or in part from the earnings or proceeds of the person's
prostitution, or from money loaned or advanced to or charged
against that person by any keeper or manager or inmate of a
house or other place where prostitution is practiced or
allowed, or who solicits or receives compensation for
soliciting for the person, is guilty of pimping, a felony, and
shall be punishable by imprisonment in the state prison for
three, four, or six years.
4)Provides that any person who, knowing another person is a
prostitute, lives or derives support or maintenance in whole
or in part from the earnings or proceeds of the person's
prostitution, or from money loaned or advanced to or charged
against that person by any keeper or manager or inmate of a
house or other place where prostitution is practiced or
allowed, or who solicits or receives compensation for
soliciting for the person, when the prostitute is a minor, is
guilty of pimping a minor, a felony, and shall be punishable
as follows:
a) If the person engaged in prostitution is a minor over
the age of 16 years, the offense is punishable by
imprisonment in the state prison for three, four, or six
years.
b) If the person engaged in prostitution is under 16 years
of age, the offense is punishable by imprisonment in the
state prison for three, six, or eight years.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, negligible increase in fine revenue, with
corresponding increase in funding to programs for victims of
human trafficking. Over the past two years, only six persons
were committed to state prison for the relevant sections
addressed in this bill.
COMMENTS : According to the author, "We are facing a modern day
slave trade in our cities across this state and across the
nation. Countless children, from foster youth to runaways from
more affluent neighborhoods are being trapped, sold and
mercilessly abused for profit. There are even reports that the
number of children kidnapped for sexual exploitation have
increased. Current financial penalties against traffickers are
failing to stem the growing trade in underage youth. We need to
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make this enterprise a losing proposition for everyone
involved."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0001277