BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
SB 982 (Huff) - Prostitution: minors: punishment.
Amended: April 29, 2014 Policy Vote: Public Safety 7-0
Urgency: No Mandate: Yes
Hearing Date: May 12, 2014 Consultant: Jolie Onodera
This bill meets the criteria for referral to the Suspense File.
Bill Summary: SB 982 would provide that soliciting an act of
prostitution from a minor, or engaging in an act of prostitution
with a minor, as specified, is an alternate felony-misdemeanor
for a first conviction, and a straight felony for a repeated
conviction.
Fiscal Impact: Potentially significant state costs in the low
millions of dollars (General Fund) for new felony jail terms
imposed under Penal Code (PC) � 1170(h). While the number of
first offenses charged as a felony and the number of repeated
convictions is unknown, DOJ statistics indicate on average over
2,400 convictions annually for PC � 647(b) over the last three
years. Assuming one to two percent of annual convictions are
charged as a felony and serve jail terms an average of 12 months
longer (given the difference in sentencing terms of six months
for a misdemeanor vs. up to three years as a felony) would
result in costs of $1.1 million to $2.2 million annually.
Under 2011 Realignment Legislation, the state provided funding
to the counties to place offenders in county jail for specified
felonies that previously would have required a state prison
sentence. Pursuant to Proposition 30 (2012), legislation enacted
after September 30, 2012, that has an overall effect of
increasing the costs already borne by a local agency for
programs or levels of service mandated by the 2011 Realignment
Legislation apply to local agencies only to the extent that the
state provides annual funding for the cost increase. While
Proposition 30 specifies that legislation defining a new crime
or changing the definition of an existing crime is not subject
to this provision, changing the penalty for a crime is not
specifically exempted and could potentially require a subvention
of funds from the state.
SB 982 (Huff)
Page 1
Background: Existing law provides that any person who solicits,
agrees to engage in, or engages in an act of prostitution is
guilty of a misdemeanor, punishable by up to six months in
county jail, a fine of up to $1,000, or both. (PC � 647(b))
Existing law further provides that where a defendant is
convicted of a prostitution offense in which the defendant
sought to procure or procured the sexual services of a
prostitute who was a minor, the defendant shall be ordered to
pay, in addition to any other fine or penalty, up to $25,000.
(PC � 261.9)
For second and third prostitution offenses, existing law
provides for minimum sentences of 45 days and 90 days,
respectively, no part of which can be suspended or reduced by
the court regardless of whether or not the court grants
probation. (PC �647(k))
Proposed Law: This bill enhances the penalties for soliciting an
act of prostitution from a minor, as specified:
Provides that a person who solicits an act of
prostitution from, agrees to engage in an act of
prostitution with, or engages in an act of prostitution
with, another person under 18 years of age whom the person
knows or reasonably should know is under 18 years of age,
shall be punished as follows:
o For first convictions, either as a misdemeanor
or as a felony punishable by imprisonment in county
jail for 16 months, two years or three years, pursuant
to PC � 1170(h).
o For repeated convictions, as a felony
punishable by imprisonment pursuant to PC � 1170(h).
Provides that this section applies only to the person
who exchanged, or offered to exchange anything of value
with the other person in return for a lewd act.
Provides that prosecution under this section shall not
prohibit prosecution under any other provision of law.
Prior Legislation: AB 17 (Swanson) Chapter 211/2009 added
abduction or procurement for prostitution to the criminal
profiteering asset forfeiture law, and provided that the court
may impose a fine of up to $20,000, in addition to any other
fines and penalties, where the defendant has been convicted of
abduction of a minor for purposes of prostitution or procurement
SB 982 (Huff)
Page 2
of a minor under the age of 16 for lewd conduct.
AB 12 (Swanson) Chapter 75/2011 enacted the Abolition of Child
Commerce, Exploitation, and Sexual Slavery Act of 2011 which
requires that a person who is convicted of seeking to procure or
procuring the sexual services of a prostitute, if the prostitute
is under 18 years of age, be ordered to pay an additional fine
not to exceed $25,000 to be available upon appropriation by the
Legislature to fund programs and services for commercially
sexually exploited minors in the counties where the underlying
offenses are committed.
Staff Comments: By imposing new felony jail terms pursuant to PC
� 1170(h) for convictions under specified situations when
soliciting an act of prostitution from a minor, this bill could
increase costs to local agencies for longer sentences served in
county jail.
Under 2011 Realignment Legislation, the state provided funding
to the counties to place offenders in county jail for specified
felonies ("1170(h) felonies") that previously would have
required a state prison sentence.
Staff notes that because the crime of disorderly conduct (PC �
647(b)) under existing law is a misdemeanor, no costs were
provided to local agencies under 2011 Realignment Legislation
for this crime. Pursuant to Proposition 30 (2012), legislation
enacted after September 30, 2012, that has an overall effect of
increasing the costs already borne by a local agency for
programs or levels of service mandated by the 2011 Realignment
Legislation apply to local agencies only to the extent that the
state provides annual funding for the cost increase. Although
Proposition 30 specifies that legislation defining a new crime
or changing the definition of an existing crime is not subject
to this provision, changing the penalty for a crime is not
specifically exempted and could potentially require a subvention
of funds from the state.
While the number of first offenses charged as a felony and the
number of repeated convictions is unknown, DOJ statistics
indicate on average over 2,400 convictions annually for PC �
647(b) for the last three years. While it is unknown what
percentage of cases would involve minors who are 16 or 17 years
old that could potentially be impacted by this measure (as it is
SB 982 (Huff)
Page 3
assumed charges for persons who solicit minors age 15 years or
younger are already prosecuted under felony statutes), assuming
one to two percent of annual convictions are charged as a felony
and serve jail terms an average of 12 months longer (given the
difference in sentencing terms of six months for a misdemeanor
vs. up to three years as a felony), would result in annual costs
of $1.1 million to $2.2 million (General Fund).