BILL ANALYSIS �
AB 90
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ASSEMBLY THIRD READING
AB 90 (Swanson)
As Amended April 4, 2011
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Knight, Cedillo, |Ayes:|Fuentes, Harkey, |
| |Hagman, Hill, Mitchell, | |Blumenfield, Bradford, |
| |Skinner | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Includes in the definition of "human trafficking" the
conduct of any person who causes, induces, encourages or persuades a
minor under the age of 18 to engage in a commercial sex act, as
specified, with the intent to effect any of the following: pimping;
pandering, as specified; sexual exploitation of a child; enticement,
as specified; using a minor in pornography; extortion; or,
solicitation of prostitution. "Commercial sex act" is defined as
any sexual conduct, as specified, on account of which anything of
value if given or received from a minor.
EXISTING LAW :
1)Provides that any person who deprives or violates the personal
liberty of another with the intent to effect or maintain a felony
violation of enticement of a minor into prostitution, pimping or
pandering, abduction of a minor for the purposes of prostitution,
extortion, or to obtain forced labor or services, is guilty of
human trafficking.
2)States human trafficking of a person over the age of 18 is
punishable by imprisonment in the state prison for three, four, or
five years. If the victim of the trafficking was under 18 years
of age at the time of the commission of the offense, that offense
is punishable by imprisonment in the state prison for four, six,
or eight years.
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3)States unlawful deprivation or violation of the personal liberty
of another includes substantial and sustained restriction of
another's liberty accomplished through fraud, deceit, coercion,
violence, duress, menace, or threat of unlawful injury to the
victim or to another person, under circumstances where the person
receiving or apprehending the threat reasonably believes that it
is likely that the person making the threat would carry it out.
4)States any person who solicits or who agrees to engage in or who
engages in any act of prostitution is guilty of misdemeanor
disorderly conduct. A person agrees to engage in an act of
prostitution when, with specific intent to so engage, he or she
manifests an acceptance of an offer or solicitation to so engage,
regardless of whether the offer or solicitation was made by a
person who also possessed the specific intent to engage in
prostitution. No agreement to engage in an act of prostitution
shall constitute a violation of this subdivision unless some act,
in addition to the agreement, is done within California in
furtherance of the commission of an act of prostitution by the
person agreeing to engage in that act. As used in this
subdivision, "prostitution" includes any lewd act between persons
for money or other consideration.
5)States 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.
FISCAL EFFECT : According to the Assembly Appropriations Committee,
minor to moderate annual General Funds costs for increased state
prison terms, potentially in excess of $150,000 per year, to the
extent the expanded definition of human trafficking results in
additional commitments. In 2009 and 2010 combined, 13 persons were
committed to state prison under this section. If this bill results
in two additional persons per year receiving the six-year midterm
sentence, in four years the increased cost for incarceration will
exceed $250,000, assuming full sentence credit and $50,000 per
capita.
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Though proponents of this bill contend it is merely a consistent
clarification of the intent of current law, if the clarification is
helpful in gaining convictions and state prison commitments, there
will be attendant costs. If there are no attendant costs, there is
arguably no need for the clarification.
COMMENTS : According to the author, "�t]here are an estimated
800,000 human beings trafficked for domestic, labor, and sex slavery
each year. The inexpensive price of the victims and the unlikely
chance of criminal prosecution make this a lucrative criminal
endeavor at this time in history. Our state cannot stand by and
watch hundreds of thousands of young children's lives ruined because
some criminals have found trafficking to be more lucrative and safer
than dealing drugs. Our children are not a business commodity for
criminals to debate over. Some of these girls are as young as 4
years old.
"As Legislators, we must do everything we can to stop the explosion
of slavery on our streets.
"AB 90 is a clean and simple fix to this complex area of law.
Federal law clearly states that prosecutors do not have to prove
force or coercion when a trafficking victim is under the age of 18.
State law is vague regarding force or coercion in a human
trafficking offense: it requires a showing of force, yet it says
state law is intended to conform with federal law. AB 90 will clean
up this confusion by aligning state human trafficking law with
federal law. Therefore, where a person under 18 is involved, AB 90
will change the standard of proof to a showing that the defendant
"caused, induced, encouraged, or persuaded the victim.
"This important change in the law recognizes the fact that many
child victims of trafficking suffer from significant physical and
mental health problems, including post-traumatic stress disorder,
depression, and trauma bonding, which creates the same kind of
confinement as physical coercion.
"AB 90 will also allow prosecutors to implement the fines and
forfeiture provisions passed in AB 17, providing funding to
community based organizations supporting sexually exploited minors."
Please see the policy committee for a full discussion of this bill.
AB 90
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Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744
FN: 0000890