BILL ANALYSIS �
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 244|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: SB 244
Author: Liu (D)
Amended: 5/7/13
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/30/13
AYES: Hancock, Anderson, Block, De Le�n, Knight, Liu, Steinberg
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Disorderly conduct
SOURCE : Los Angeles City Attorney
DIGEST : This bill provides that any adult convicted of a
prostitution offense or soliciting a lewd act in public that
involves minor must serve a minimum of 90 days, except as
specified.
ANALYSIS :
Existing law:
1.Provides that any person who solicits, agrees to engage in, or
engages in an act of prostitution is guilty of misdemeanor.
This crime does not occur unless the person specifically
intends to engage in an act of prostitution and some act is
done in furtherance of agreed upon act. Prostitution includes
any lewd act between persons for money or other consideration.
CONTINUED
SB 244
Page
2
2.Provides that any person who solicits another person to engage
in any lewd or dissolute act in a public place is guilty of a
misdemeanor.
3.Defines "unlawful sexual intercourse" as an act of sexual
intercourse accomplished with a person under the age of 18
years.
4.Provides that any person who engages in lewd conduct - any
sexually motivated touching or a defined sex act - with a
child under the age of 14 is guilty of a felony, punishable by
a prison term of three, six or eight years. Where the offense
involves force or coercion, the prison term is five, eight or
ten years.
5.Provides that where any person who engages in lewd conduct
with a child who is 14 or 15-years old, and the person is at
least 10 years older than the child, the person is guilty of
an alternate felony-misdemeanor, punishable by a jail term of
up to one year, a fine of up to $1,000, or both, or by a
prison term of 16 months, two years, or three years and a fine
of up $10,000.
6.Provides that any person who deprives or violates the personal
liberty of another is guilty of human trafficking if the
person specifically intends one of the following to: (a)
effect or maintain a specified felony prostitution related
offense; (b) commit extortion; (c) use a minor to produce or
distribute obscene material or child pornography; or (d)
obtain forced labor or services.
This bill:
1.Provides that any adult convicted of a prostitution offense or
soliciting a lewd act in public that involves a minor must
serve a minimum of 90 days, except as specified, in the county
jail regardless of whether or not the person has been granted
probation. The court may not absolve the defendant of the
minimum term.
2.Provides that the court may reduce the minimum jail sentence
in an unusual case, involving a defendant who has not been
previously convicted of a violation, as specified.
SB 244
Page
3
Background
California law allows judges to sentence someone convicted of
soliciting a prostitute to a maximum of six months in county
jail. However, there is no minimum sentence, and these
offenders can be released from custody after serving little or
no time behind bars.
Those released can include people who solicited underage
prostitutes, who are particularly at risk of being victimized by
adult "johns," pimps, street gangs and organized crime. Many of
the prostitutes are homeless teens and other vulnerable young
people.
A United States Department of Justice study estimates that more
than 300,000 American children are at risk of being forced into
prostitution. Research indicates that internationally the
median age for the entrance into prostitution is 14 years of
age. In the United States, the ages vary from state to state,
and in California the average age is about 12-years old.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/21/13)
Los Angeles City Attorney (source)
Association for Los Angeles Deputy Sheriffs
Highroad L.A.
Los Angeles Police Protective League
Riverside Sheriffs' Association
OPPOSITION : (Verified 5/21/13)
California Public Defenders Association
ARGUMENTS IN SUPPORT : The Highroad L.A. writes:
The trafficking of children in the sex industry is
widespread in the United States. It is estimated that
between 200,000 and 300,000 U.S. children are involved.
Los Angeles, San Francisco, and San Diego have all been
classified by the FBI as high intensity child sex
trafficking areas. The market demand for these girls is
SB 244
Page
4
increasing and the number of children being trafficked is
rising. The average age of entry into the sex industry is
13-14, and some begin as young as 9-years old. The
mandatory 90 day imprisonment for offenses involving minors
is appropriate and will serve as a deterrent.
SB 244 is important in the fight against human trafficking.
It is critical that we protect vulnerable minors and
children who are held against their will and forced into
prostitution for the financial gain of human traffickers.
ARGUMENTS IN OPPOSITION : According to the California Public
Defenders Association, "Prosecutors and judges are in the best
position to determine the gravity of an individual offense,
particularly in the misdemeanor realm, and prosecutors already
have a number of tools to treat more serious conduct with graver
charges already available. This bill, as with all laws that
impose mandatory minimum periods of incarceration, will have the
effect of increasing the number of pleas to reduced charges by
clients who are innocent. Many defendants will plead to a crime
they did not commit in order to avoid the risk of significant
jail time. It is easy to envision an innocent defendant facing
the amended code section pleading to disturbing the peace for
probation simply because the risk of the mandatory jail time is
too great to attempt vindication by trial."
JG:ej 5/21/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****