BILL ANALYSIS
AB 17
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 17 (Swanson)
As Amended July 23, 2009
2/3 vote. Urgency
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|ASSEMBLY: |77-0 |(June 3, 2009) |SENATE: |36-0 |(August 31, |
| | | | | |2009) |
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Original Committee Reference: PUB. S.
SUMMARY : Modifies several provisions related to the sexual
exploitation of minors.
The Senate amendments state that in any case involving human
trafficking of minors for purposes of prostitution or lewd conduct,
or procurement in which the victim is a minor, 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. Fifty
percent of the funds deposited in the Victim-Witness Assistance Fund
pursuant to this subdivision shall be granted to community-based
organizations that serve minor victims of human trafficking.
EXISTING LAW :
1)States that 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 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
AB 17
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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,
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:
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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; or,
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.
AS PASSED BY THE ASSEMBLY , this bill:
1)Added 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)Created an additional fine not to exceed $20,000 for procurement
of a minor for prostitution and abduction of a minor for
prostitution
3)Specified 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)Contained an urgency clause, allowing this bill to take effect
immediately upon enactment.
FISCAL EFFECT : According to the Senate Appropriations Committee,
pursuant to Senate Rule 28.8, negligible state costs.
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)
319-3744FN: 0002428