BILL ANALYSIS
AB 17
Page 1
ASSEMBLY THIRD READING
AB 17 (Swanson)
As Amended June 2, 2009
2/3 vote. Urgency
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.
4)Contains an urgency clause allowing this bill to take effect
immediately upon enactment.
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
AB 17
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standards or services which 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 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,
AB 17
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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 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
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