BILL ANALYSIS �
AB 2424
Page 1
Date of Hearing: May 6, 2014
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2424 (Campos) - As Introduced: February 21, 2014
SUMMARY : Increases the maximum fine for abduction or
procurement by fraudulent inducement for prostitution from
$2,000 to $10,000.
EXISTING LAW :
1)Provides every person who, within this state, takes any person
against his or her will and without his or her consent, or
with his or her consent procured by fraudulent inducement or
misrepresentation, for the purpose of prostitution, as
defined, is punishable by imprisonment in the state prison for
16 months, 2, or 3 years, and a fine not exceeding two
thousand dollars ($2,000). (Pen. Code, � 266a.)
2)Specifies that it is misdemeanor disorderly conduct when any
person who solicits or who agrees to engage in or who engages
in any act of prostitution. 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
this state 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. (Pen. Code,
� 647(b).)
3)States that a person is guilty of disorderly conduct, a
misdemeanor, when a person solicits or agrees to engage in or
engages in any act of prostitution, as defined. No agreement
to engage in an act of prostitution constitute a violation of
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this subdivision unless some act, in addition to the
agreement, is done within this state in furtherance of the
commission of an act of prostitution by the person agreeing to
engage in that act. (Pen. Code, � 647, subd. (b).)
4)Requires in any accusatory pleading charging a defendant with
solicitation or prostitution, as specified, if the defendant
has been once previously convicted of a violation those
provisions, the previous conviction shall be charged in the
accusatory pleading. (Pen. Code, � 647, subd. (k).)
5)Provides the following penalties if the defendant has
previously been convicted of solicitation or prostitution:
a) If it is proven that the defendant has one previous
conviction, the defendant shall be imprisoned in a county
jail for a period of not less than 45 days; or
b) If it is proven that the defendant has two or more of
these previous convictions, the defendant shall be
imprisoned in a county jail for a period of not less than
90 days. (Pen. Code, � 647, subd. (k).)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "AB 2424
increases the maximum penalty for forced prostitution from
$2,000 to $10,000. It's been 30 years since the Legislature
established the $2,000 fine for forcing someone into
prostitution.
"Since then, we have added a fine of $10,000 for stealing a car,
defrauding the state of printing materials, dumping pollution
into a river and vandalizing property with graffiti.
"However, this has not been the case with forced prostitution.
The current penalty of $2,000 is nothing in comparison to the
terrible and profitable nature of forced prostitution. It is
a crime that has repercussions which far exceed that of
stealing a car or other similar crimes.
"It is time that we create a stronger penalty for this awful
AB 2424
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crime. The reality is that prostitution has changed since the
1980s because of the shocking rise in human trafficking. The
internet, social media and international trade have made it
easier to kidnap, sell and force people into the sex trade.
Given this tragic explosion of human trafficking, this penalty
is long overdue to be updated."
2)Considerations Regarding the Fine : This bill increases a fine
from a maximum $2,000 to a maximum amount of $10,000.
Setting the penalty, or range of penalties, for a crime is an
inherently legislative function. The Legislature does have
the power to require a minimum term or other specific
sentence. (Keeler v. Superior Court (1970) 2 Cal.3d 619,
631.) Sentencing, however, is solely a judicial power.
(People v. Tenorio (1970) 3 Cal.3d 89, 90-93; People v.
Superior Court (Fellman) (1976) 59 Cal.App.3d 270, 275.)
California law effectively directs judges to impose an
individualized sentence that fits the crime and the
defendant's background, attitude, and record. (Cal. Rules of
Court, rules 4.401-4.425.) This bill limits judicial
discretion and requires a minimum fine of $500 to be imposed
in each case, regardless of the facts of the case and the
defendant's record.
Also, there are penalty assessments and fees assessed on the
base fine for a crime. Assuming a defendant was fined $10,000
as the maximum fine, the following penalty assessments would
be imposed pursuant to the Penal Code and the California
Government Code:
Base Fine:
$
10,000
Penal Code 1464 assessment:
$ 10,000 ($10 for every $10)
Penal Code 1465.7 surcharge:
2,000
(20% surcharge)
Penal Code 1465.8 assessment:
40 ($40 fee per offense)
Government Code 70372 assessment:
5,000 ($5 for every $10)
AB 2424
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Government Code 70373 assessment:
30 ($30 for felony or misdo.)
Government Code 76000 assessment:
7,000 ($7 for every $10)
Government Code 76000.5 assessment:
2,000 ($2 for every $10)
Government Code 76104.6 assessment:
1,000 ($1 for every $10)
Government Code 76104.7 assessment
4,000 ($4 for every $10)
Total Fine with Assessments:
$41,070
3)Argument in Support : According to the California Police
Chiefs Association , "[t]he increased sanction for persons who
engage in this type of predatory behavior are entirely
appropriate and the California Police Chiefs Association looks
forward to working with you in securing enactment of this
bill."
4)Argument in Opposition : According to the California Public
Defenders Association , "individuals who are convicted of
violations of Penal Code Section 266a are already subject to a
mandatory restitution fine up to $2,000 and restitution to any
victims. The restitution fund fines are subject to penalty
assessments. Penalty assessments have proliferated wildly
over the past few decades, to the point where a typical total
fine is not triple or quadruple the base fine."
5)Related Legislation: SB 1388 (Lieu) would make a person who
seeks to purchase or purchases a commercial sex act guilty of
a misdemeanor, punishable by imprisonment in the county jail
for at least 48 hours, but not more than 6 months, and by a
fine of at least $1,000, and, if probation is granted, by a
fine of at least $1,000, but not more than $50,000, to be
deposited in the Victim-Witness Assistance Fund to fund grants
to local programs. SB 1388 is pending hearing by the Senate
Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
AB 2424
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California Communities United Institute
California Police Chiefs Association
Peace Officers Research Association of California
42 private citizens
Opposition
California Public Defenders Association
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744