BILL ANALYSIS �
AB 918
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Date of Hearing: April 12, 2011
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 918 (Block) - As Amended: March 25, 2011
SUMMARY : Adds pimping, pandering, and human trafficking to the
list of offenses that may be used to establish a pattern of
criminal activity for the purpose of enhancing the sentence of
any person who commits a crime for the benefit of a criminal
street gang.
EXISTING LAW :
1)States any person who actively participates in any criminal
street gang with knowledge that its members engage in or have
engaged in a pattern of criminal gang activity, and who
willfully promotes, furthers, or assists in any felonious
criminal conduct by members of that gang, shall be punished by
imprisonment in a county jail for a period not to exceed one
year, or by imprisonment in the state prison for 16 months, or
two or three years. �Penal Code Section 186.22(a).]
2)Defines "criminal street gang" as any ongoing organization,
association, or group of three or more persons, whether formal
or informal, having as one of its primary activities the
commission of one or more of the criminal acts enumerated in
existing law having a common name or common identifying sign
or symbol, and whose members individually or collectively
engage in or have engaged in a pattern of criminal gang
activity. �Penal Code Section 186.22(f).]
3)Defines "pattern of criminal gang activity" as the commission
of, attempted commission of, conspiracy to commit, or
solicitation of, sustained juvenile petition for, or
conviction of two or more of the following offenses, provided
at least one of these offenses occurred after the effective
date of this chapter and the last of those offenses occurred
within three years after a prior offense, and the offenses
were committed on separate occasions, or by two or more
persons: assault with a deadly weapon or by means of force
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likely to produce great bodily injury; robbery; unlawful
homicide or manslaughter; the sale, possession for sale,
transportation, manufacture, offer for sale, or offer to
manufacture controlled substances; shooting at an inhabited
dwelling or occupied motor vehicle; discharging or permitting
the discharge of a firearm from a motor vehicle; arson; the
intimidation of witnesses and victims; grand theft; grand
theft of any firearm, vehicle, trailer, or vessel; burglary;
rape; looting; money laundering; kidnapping; mayhem;
aggravated mayhem; torture; felony extortion; felony
vandalism; carjacking; the sale, delivery, or transfer of a
firearm; possession of a pistol, revolver, or other firearm
capable of being concealed upon the person; threats to commit
crimes resulting in death or great bodily injury; theft and
unlawful taking or driving of a vehicle; felony theft of an
access card or account information; counterfeiting, designing,
using, attempting to use an access card; felony fraudulent use
of an access card or account information; unlawful use of
personal identifying information to obtain credit, goods,
services, or medical information; wrongfully obtaining
Department of Motor Vehicles documentation; prohibited
possession of a firearm, and; carrying a concealed or loaded
firearm. �Penal Code Section 186.22(e).]
4)States except as provided in existing law, any person who is
convicted of a felony committed for the benefit of, at the
direction of, or in association with any criminal street gang,
with the specific intent to promote, further, or assist in any
criminal conduct by gang members, shall, upon conviction of
that felony, in addition and consecutive to the punishment
prescribed for the felony or attempted felony of which he or
she has been convicted, be punished as follows:
a) Except as provided in existing law, the person shall be
punished by an additional term of two, three, or four years
at the court's discretion.
b) If the felony is a serious felony, as specified, the
person shall be punished by an additional term of five
years.
c) If the felony is a violent felony, as specified, the
person shall be punished by an additional term of 10 years.
�Penal Code Section 186.22(b)(1)(A) to (C).]
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5)Provides any person who is convicted of a felony enumerated in
this paragraph committed for the benefit of, at the direction
of, or in association with any criminal street gang, with the
specific intent to promote, further, or assist in any criminal
conduct by gang members, shall, upon conviction of that
felony, be sentenced to an indeterminate term of life
imprisonment with a minimum term of the indeterminate sentence
calculated as the greater of:
a) The term determined by the court pursuant to current
determinate sentencing law for the underlying conviction,
including any enhancements.
b) Imprisonment in the state prison for 15 years if the
felony is a home invasion robbery, carjacking, or other
related offenses, as specified.
c) Imprisonment in the state prison for seven years if the
felony is extortion or threats to victims and witnesses.
�Penal Code Section 186.22(b)(4)(A) to (C).]
6)States any person who solicits or recruits another to actively
participate in a criminal street gang, as defined in existing
law, with the intent that the person solicited or recruited
participate in a pattern of criminal street gang activity, as
specified, or with the intent that the person solicited or
recruited promote, further, or assist in any felonious conduct
by members of the criminal street gang, shall be punished by
imprisonment in the state prison for 16 months, or two or
three years. �Penal Code Section 186.26(a).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Pimping,
pandering and human trafficking activities are increasing at
an alarming rate. Recently, several new hybrid gangs have
evolved in San Diego County solely for the purpose and profit
of pimping. Documented criminal street gangs who have
historically been at odds with one another are working side by
side due to the large income potential associated with
pimping. Although pimping and pandering currently carry
mandatory prison sentences, there is no provision in the State
penal code that provides enhanced penalties for a criminal
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street gang connection. AB 918 adds pimping, pandering, and
human trafficking to the list of offenses that may be used to
establish a pattern of criminal activity for the purpose of
enhancing the sentence of any person who commits a crime for
the benefit of a criminal street gang."
2)Argument in Support . According to the County of San
Bernardino, "As you know, pimping, pandering, and human
trafficking are increasing at an alarming rate across the
state. Criminal street gangs are using increased funding
received through these deplorable acts to expand their illegal
activities. Penal Code 186.22 defines a criminal gang and
lists 33 offenses that are associated with that gang activity.
The definition of a criminal street gang prompts enhanced
penalties and bail, affects probation and parole conditions,
augments law enforcement tools, and affects the way the case
is handled by all stakeholders in the system.
"By enhancing penalties for persons affiliated with a criminal
street gang that commit the crime of pimping, pandering or
human trafficking, AB 918 would help stop the scourge of human
trafficking. The exploitation of our children is a deplorable
act that threatens the very fabric of our society. We believe
this bill is vital step in protecting the health and
well-being of our youth."
3)Argument in Opposition . According to Legal Services for
Prisoners with Children , "Pimping, pandering and human
trafficking are already crimes. People who commit these
offenses can be prosecuted now. Additionally, expanding the
use and scope of the gang statues presents a host of other
issues. It can lead to increased penalties, where a crime is
alleged to be "in furtherance of" a gang. The use of gang
databases is suspect, in that police have an extraordinarily
expansive definition of who is in a gang. It is very
difficult to get off a gang database. Law enforcement
approach to gangs is racialized. Even though a "gang" is
defined as an outgoing group of three or more persons, gang
task forces and prosecutions are largely directed at
communities of color. There are more effective ways to
prevent and deter pimping, pandering and human trafficking
than by expanding the scope of our gang statutes. For all
these reasons, we urge to vote no on AB 918"
REGISTERED SUPPORT / OPPOSITION :
AB 918
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Support
California District Attorneys Association
California Peace Officers' Association
California State Sheriffs' Association
Child Abuse Prevention Center
County of San Bernardino
County of San Diego
Crime Victims United of California
National District Attorneys Association
Peace Officers Research Association of California
San Bernardino County
San Diego County District Attorney
San Diego County Sheriff's Department
Opposition
California Attorneys for Criminal Justice
Legal Services for Prisoners with Children
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744