BILL ANALYSIS �
SB 1133
Page 1
SENATE THIRD READING
SB 1133 (Leno)
As Amended August 21, 2012
Majority vote
SENATE VOTE :37-0
PUBLIC SAFETY 4-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Knight, Hagman, |Ayes:|Fuentes, Harkey, |
| |Skinner | |Blumenfield, Bradford, |
| | | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
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SUMMARY : Modifies provisions relating to forfeiture of the
property of convicted human traffickers. Specifically, this
bill :
1)Authorizes the forfeiture of vehicles, boats, airplanes,
money, negotiable instruments, securities, real property, or
other things of value used for the purpose of facilitating
human trafficking involving a commercial sex act where the
victim is an individual under 18 years of age at the time of
the commission of the crime and property acquired through
human trafficking or which was received in exchange for the
proceeds of human trafficking of a person under 18 years of
age when the crime involved a commercial sex act.
2)Provides that 50% of the forfeiture proceeds shall be
distributed to the Victim-Witness Assistance Fund for grants
to community organizations serving human trafficking victims
and 50% of the proceeds shall be distributed to the General
Fund of the state or county, depending on whether the Attorney
General or district attorney prosecuted the matter.
EXISTING LAW :
1)Includes numerous crimes concerning sexual exploitation of
minors for commercial purposes. These crimes include:
SB 1133
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a) 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 punishable by a prison term of three, six or eight
years.
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.
c) 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.
d) Taking a minor from her or his parents or guardian for
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.
e) 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 3, 6, or 8 years.
2)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 to obtain forced labor or
services, is guilty of human trafficking.
3)Provides that a victim of human trafficking may bring a civil
lawsuit for actual damages, compensatory damages, punitive
damages, injunctive relief, any combination of those, or any
other appropriate relief. In such a lawsuit, the plaintiff
may be awarded up to three times his or her actual damages or
$10,000, whichever is greater. In addition, punitive damages
may also be awarded upon proof of the defendant's malice,
oppression, fraud, or duress in committing the act of human
trafficking.
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4)Provides that where the victim of human trafficking is an
adult, the offense is punishable by a prison term of three,
four, or five years in prison and a fine of up to $10,000.
5)Provides that if the person trafficked is a minor, the offense
is punishable by four, six, or eight years in prison and a
fine of up to $10,000. Where the minor was trafficked for a
commercial sex act, the maximum fine is $100,000.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Unknown, likely minor forfeiture revenue increase to the state
General Fund (GF), to local governments, and to the
Victim-Witness Assistance Fund. Since the state has averaged
only four commitments to state prison for human trafficking
over the past five years, any forfeiture revenue increase is
likely to be relatively minor.
2)Unknown minor GF costs to state trial courts to the extent
additional forfeiture hearings are required. Five forfeiture
hearings would cost in the range of $15,000.
COMMENTS : According to the author, "SB 1133 creates a new
forfeiture statute that will give prosecutors a powerful tool to
ensure that criminals convicted of sex trafficking minors are
not able to retain any financial benefits from their
participation in this horrendous crime. The bill not only
expands the list of assets subject to forfeiture, thereby
ensuring that these resources are not used in future crimes, but
also includes a formula to redirect those resources to
organizations that provide treatment and victim services for
this vulnerable population.
"According to the U.S. Department of Justice, human trafficking
and sexual exploitation is the fastest growing and second
largest criminal enterprise in the world. Data gathered by the
California Department of Justice states that 195,644 children
ran away from home in 2009 and 2010. Scholars estimate that,
within 48 hours one-third of those children would be lured or
recruited into the underground world of prostitution and
pornography. Even with an estimated 65,000 children lured into
the sex trade in California in 2009 and 2010, only thirteen
individuals were sent to prison in California for human
trafficking during that time."
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Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0005206