BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 90|
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THIRD READING
Bill No: AB 90
Author: Swanson (D), et al.
Amended: 8/16/11 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 7/5/11
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 79-0, 5/31/11 - See last page for vote
SUBJECT : Human trafficking: minors
SOURCE : Alameda County Board of Supervisors
DIGEST : This bill (1) provides that any crime in which
the defendant persuaded or induced a minor to engage in a
commercial sex act can be the basis of criminal
profiteering asset forfeiture; (2) provides that any crime
in which the defendant coerced or forced a minor to engage
in a commercial sex act can be the basis of criminal
profiteering asset forfeiture; (3) defines a commercial sex
act as sexual conduct for which anything of value is given
or received by any person; and (4) provides that the
proceeds of criminal asset forfeiture in such cases be used
for programs to assist minors who are sexually exploited or
the victims of human trafficking, as specified.
CONTINUED
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ANALYSIS : 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 profiteering activity, as specified.
(Penal Code Section 186.3.) The following assets or
property is subject to forfeiture:
Any property interest whether tangible or intangible,
acquired through a pattern of criminal profiteering
activity.
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 states that forfeited cash and proceeds of the
sale of forfeited property shall be distributed as follows:
To the bona fide 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.
To the Department of General Services or local
governmental entity for all expenditures incurred in
connection with the sale of the forfeited property.
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.
In a case of fraud involving the state recycling program,
to a special fund designated in the Public Resources
Code.
In the case of child pornography crimes, to the county
children's trust fund or State Children's Trust Fund.
In a case involving human trafficking of minors for
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purposes of prostitution or lewd conduct, or a case of
procurement of a minor, to the Victim-Witness Assistance
Fund for child sexual exploitation and abuse counseling
and prevention programs. Fifty percent of the funds
shall be granted to community-based organizations that
serve minor victims of human trafficking.
Existing law includes human trafficking (Penal Code Section
236.1) in the list of crimes for which a forfeiture of
assets can be sought for criminal profiteering. (Penal
Code Section 186.2, subd. (a)(28).)
Existing law includes 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. (Penal Code Section 186.2, subd.
(a)(31).)
Existing law includes numerous crimes concerning sexual
exploitation of minors for commercial purposes. These
crimes include:
Pimping: Deriving income from the earnings of a
prostitute, deriving income from a place of prostitution,
or receiving compensation for soliciting a prostitute.
Where the victim is a minor under the age of 16, the
crime is a punishable by a prison term of three, six or
eight years. (Penal Code Section 266h, subds. (a)-(b))
Pandering: Procuring another for prostitution, inducing
another to become a prostitute, procuring another person
to be placed in a house of prostitution, persuading a
person to remain in a house of prostitution, procuring
another for prostitution by fraud, duress or abuse of
authority, and commercial exchange for procurement.
(Penal Code Section 266i,subd. (a))
Procurement: Transporting or providing a child under 16
to another person for purposes of any lewd or lascivious
act. The crime 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)
Taking a minor from her/his parents or guardian for
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purposes of prostitution. This is a felony punishable by
a prison term of 16 months, two years, or three years and
a fine of up to $2,000. (Penal Code Section 267)
Child pornography production: Using a minor to assist
in the making of child pornography for commercial
purposes is a felony, with a prison term of three, six,
or eight years. (Penal Code Section 311.4, subd. (b))
This bill provides that any case in which the defendant
persuaded, induced, coerced or forced a minor to engage in
a commercial sex act sex can be the basis of criminal
profiteering asset forfeiture, as specified.
This bill provides that the proceeds of criminal
profiteering in cases of commercial sexual exploitation of
minors, as specified, shall be distributed to the
Victim-Witness Assistance Fund for child sexual
exploitation and abuse counseling and prevention programs.
50 percent of the funds shall be granted to community-based
organizations that serve minor victims of human
trafficking.
This bill defines a commercial sex act as any sexual
conduct on account of which anything of value is given or
received by any person.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/15/11)
Alameda County Board of Supervisors (source)
Alameda County District Attorney
California Catholic Conference
California Coalition for Youth
California District Attorneys Association
California Narcotic Officers' Association
California Nurses Association
California Police Chiefs Association
California State Sheriffs' Association
Child Abuse Prevention Center
Crime Victims United of California
Los Angeles County District Attorney
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National Association of Social Workers, California Chapter
ARGUMENTS IN SUPPORT : 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.
Studies show that more than 300,000 children are being
bought and sold into sexual slavery each year. And those
numbers are on the rise due to the state of our economy,
decreased prison rehabilitation efforts, and the resulting
trend of drug dealers turning to pimping as a more
profitable business with less risk of conviction. It is
time that we treat the young victims of sexual exploitation
that we find wandering the streets of Broadway with the
same care, sensitivity, and legal protection that we
provide a young victim found in a classroom in the suburbs.
AB 90 moves our state and its law toward this important
goal by re-characterizing laws relating to modern day
slavery, properly categorizing the predators, and providing
resources to the victims."
ASSEMBLY FLOOR : 79-0, 5/31/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel P�rez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Gorell
RJG:do 8/15/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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