BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 17|
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THIRD READING
Bill No: AB 17
Author: Swanson (D)
Amended: 7/23/09 in Senate
Vote: 27 - Urgency
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 7/14/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg
NO VOTE RECORDED: Wright
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 77-0, 6/3/09 - See last page for vote
SUBJECT : Sexual exploitation of minors: human
trafficking
SOURCE : Alameda County District Attorney
DIGEST : This bill (1) adds abduction or procurement for
prostitution to the criminal profiteering asset forfeiture
law; (2) provides that the court may impose a fine of up to
$20,000, in addition to any other fines and penalties,
where the defendant has been convicted of abduction of a
minor for purposes of prostitution or procurement of a
minor under the age of 16 for lewd conduct; and (3)
provides that 50 percent of the additional fine shall be
deposited in the Victim-Witness Assistance Fund for
purposes of grants to community-based organizations that
serve minor victims of human trafficking.
CONTINUED
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ANALYSIS :
Crimes of Sexual Exploitation of Minors Generally; Special
fines in such Cases
Existing law provides that the California Emergency
Management Agency (CalEMA) shall make grants to child
sexual exploitation and abuse victim counseling centers and
prevention programs. Recipients shall provide appropriate
counseling and referral services and maintain other
standards or services as determined by the advisory
committee. (Penal Code Section 13836.)
Existing law provides that a person convicted of pimping,
pandering, or procurement (Penal Code Section 266h, 266i or
266j.) shall be subject to a fine not to exceed $5,000, in
addition to any other fine or penalty. The court shall
consider any relevant factors, such as the seriousness of
the offense, profit made by the defendant, and the losses
suffered by the victim. These fines shall be deposited in
the Victim-Witness Assistance Fund for child sexual
exploitation and abuse counseling centers and prevention
programs. (Penal Code Section 266, subd (k).)
Existing law states that any person who knowingly derives
support from the earnings of a prostitute, or from money
derived from any keeper or a place of prostitution, or who
solicits or receives compensation for soliciting for a
prostitute, is guilty of pimping, a felony. Pimping is
punishable by a state prison term of three, four, or six
years. Where the crime involves a minor under the age of
16, the prison term is three, six or eight years. (Penal
Code Section 266h, subd. (a).)
Existing law states any person who does any of the
following is guilty of pandering, a felony, and shall be
punishable by a prison term of three, four, or six years.
The prison term is three, six or eight years where the
crime involved a minor under the age of 16. (Penal Code
Section 266i, subd. (a).):
1.Procures another person for the purpose of prostitution.
2.Causes, induces, et cetera, another person to become a
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prostitute.
3.Procures another person a place in a house or place of
prostitution.
4.Persuades or encourages a person to remain in a house or
place of prostitution through promises, threats, or
scheme.
5.Procures another person for prostitution by fraud,
duress, abuse of confidence or authority.
6.Commercial exchange in connection with procuring another
person for prostitution.
Existing law provides that any person who intentionally
transports, provides, et cetera, a child under the age of
16 to another person for the purpose of lewd or lascivious
act (Penal Code Section 288.) is guilty of the felony
procurement. The crime includes offers to procure. This
crime is also committed where person causes, induces, or
persuades a child under the age of 16 to engage in lewd or
lascivious acts. Procurement of a child under the age of
16 is punishable by a prison term of three, six, or eight
years, and by a fine not to exceed $15,000. (Penal Code
Section 266j.)
Existing law provides that any person who takes a minor
from his or her parents or guardians, without consent and
for purposes of prostitution, is guilty of a felony,
punishable by a prison term of 16 moths, two years, or
three years and a fine of up to $2,000. (Penal Code
Section 267.)
Existing law provides that any person who abducts or
fraudulently induces a person for purposes of prostitution
is guilty of a felony, punishable by a fine of $2,000 and a
prison term of 16 months, two years or three years. (Penal
Code Section 266a.)
This bill creates an additional fine not to exceed $20,000
for abduction of a minor for purposes of prostitution and
procurement of a minor under the age of 16 for purposes of
lewd act.
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This bill specifies that 50 percent of the additional fine
imposed for a conviction for abduction of a minor for
prostitution or procuring a minor under the age of 16 for
lewd acts shall be deposited in the Victim-Witness
Assistance Fund and shall be granted to community-based
organizations that serve minor victims of human
trafficking.
Under the California Control of Profits of Organized Crime
Act, in all cases where property is forfeited and, if
necessary, sold by the Department of General Services (DGS)
or a local governmental entity, the money forfeited or the
proceeds of the sale are required to be distributed by the
state or local governmental entity in accordance with
certain procedures, including to the general fund of the
state or local governmental entity, whichever prosecutes.
This bill specifies that in any case involving human
trafficking of minors for purposes of prostitution or lewd
conduct, or in any case involving abduction or procurement
by fraudulent inducement for prostitution, in lieu of the
distribution procedure described above, the proceeds 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. The bill also requires 50
percent of the funds deposited in the Victim-Witness
Assistance Fund pursuant to this new requirement to be
granted to community-based organizations that serve minor
victims of human trafficking.
Criminal Profiteering Forfeiture Crimes - Inclusion of
Abduction or Procurement by Fraudulent Inducement for
Purposes of Prostitution
Existing law includes the criminal profiteering asset
forfeiture law. Criminal profiteering forfeiture applies
where the defendant is convicted of a specified offense and
the defendant has engaged in a pattern of criminal
activity, as specified. (Penal Code Section 186.3.) The
following assets or property is subject to forfeiture:
1.Any property interest whether tangible or intangible,
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acquired through a pattern of criminal profiteering
activity.
2.All proceeds of a pattern of criminal profiteering
activity, which property shall include all things of
value that may have been received in exchange for the
proceeds immediately derived from the pattern of criminal
profiteering activity.
Existing law includes human trafficking within the criminal
asset forfeiture law. (Penal Code Section 186.2, subd.
(b)(28).)
Existing law provides that any person who deprives or
violates the personal liberty of another with the intent to
effect or maintain a felony violation of specified
prostitution related offenses, use of minor in producing or
distributing obscene material or child pornography,
extortion, or two obtain forced labor or services, is
guilty of human trafficking. (Penal Code Section 236.1,
subd. (a).)
Existing law states that forfeited cash and proceeds for
the sale of forfeited property shall be distributed as
follows:
1.To the bona find or innocent purchaser, conditional sales
vendor, or holder of a valid lien, mortgage, or security
interest, up to the amount of his or her interest in the
property or proceeds, as specified.
2.To DGS or local governmental entity for all expenditures
incurred in connection with the sale of the forfeited
property.
3.To the State General Fund or the general fund of the
local governmental entity, whichever prosecutes (Penal
Code Section 186.8.), except in the child pornography or
recycling fraud cases.
4.To the county children's trust fund or State Children's
Trust Fund in the case of child pornography crimes.
5.To a special fund designated in the Public Resources Code
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in the case of recycling fraud.
This bill adds abduction or procurement by fraudulent
inducement (of a person of any age) for prostitution to the
list of crimes for which forfeiture of assets can be sought
for criminal profiteering.
This bill corrects specified statutory references to
CalEMA.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/25/09)
Alameda County District Attorney (source)
Alameda County Supervisor Lai-Bitker
American College of Obstetricians and Gynecologists
California Coalition Against Sexual Assault
California Commission on the Status of Women
California Family Council
Capital Resources Family Impact
Child Abuse Prevention Center
City of West Hollywood
Concerned Women for America
County of San Bernardino
Crime Victims United
Planned Parenthood
Polaris Project
ARGUMENTS IN SUPPORT : According to the author's office,
"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 has
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.
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ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Price, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Bass
NO VOTE RECORDED: Block, Furutani, Yamada
RJG:cm 8/26/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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