BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1388|
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UNFINISHED BUSINESS
Bill No: SB 1388
Author: Lieu (D), Hill (D), and Mitchell (D), et al.
Amended: 7/2/14
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/22/14
AYES: Hancock, Anderson, De Le�n, Knight, Liu, Mitchell,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 34-0, 5/27/14
AYES: Anderson, Beall, Block, Cannella, Corbett, Correa, De
Le�n, DeSaulnier, Evans, Fuller, Gaines, Galgiani, Hancock,
Hernandez, Hill, Hueso, Huff, Jackson, Knight, Leno, Lieu,
Mitchell, Monning, Morrell, Nielsen, Padilla, Pavley, Roth,
Steinberg, Torres, Vidak, Walters, Wolk, Wyland
NO VOTE RECORDED: Berryhill, Calderon, Lara, Liu, Wright, Yee
ASSEMBLY FLOOR : 77-0, 8/18/14 - See last page for vote
SUBJECT : Human trafficking
SOURCE : Los Angeles County Board of Supervisors
DIGEST : This bill increases fines related to the solicitation
of an act of prostitution, as specified.
Assembly Amendments revise and recast with similar intent as
when it left the Senate.
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ANALYSIS :
Existing law:
1.Provides the following penalties for unlawful sexual
intercourse:
A. Where the defendant is not more than three years older
or three years younger than the minor, the offense is a
misdemeanor.
B. Where the defendant is more than three years older than
the minor, the offense is 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.
C. Where the defendant is at least 21 years of age and the
minor is under the age of 16, the offense is 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.
1.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
10 years.
2.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.
3.Includes numerous crimes concerning sexual exploitation of
minors for commercial purposes, as specified.
4.Provides that where a person is convicted of pimping or
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pandering involving a minor the court may order the defendant
to pay an additional fine of up to $5,000. In setting the
fine, the court shall consider the seriousness and
circumstances of the offense, the illicit gain realized by the
defendant and the harm suffered by the victim. The proceeds
of this fine shall be deposited in the Victim-Witness
Assistance Fund and made available to fund programs for
prevention of child sexual abuse and treatment of victims.
5.Provides that where a defendant is convicted of taking a minor
under the age 16 from his/her parents to provide to others for
prostitution or transporting or providing a child under the
age of 16 for purposes of any lewd or lascivious act, the
court may impose an additional fine of up to $20,000.
6.Provides that any person who solicits, agrees to engage in, or
engages in an act of prostitution is guilty of misdemeanor.
The 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.
This bill:
1.Provides that a person who solicits a minor for an act of
prostitution shall serve a minimum of two days in a county
jail, and not more than one year.
A. Further specifies up to a $10,000 fine for the
solicitation of a minor.
B. Requires that the defendant know, or should have known
that the person solicited is a minor at the time of the
offense.
C. Clarifies that a court can reduce or eliminate the
minimum mandatory two days in county jail in unusual cases,
as specified.
1.Increases an existing additional fine of up to $25,000 from
$20,000 for placing a minor into prostitution, or furnishing a
minor to another person for sexual conduct.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
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No
SUPPORT : (Verified 8/18/14)
Los Angeles County Board of Supervisors (source)
AFSCME
Alameda County District Attorney O'Malley
American Academy of Pediatrics
Association for Los Angeles Deputy Sheriffs
Bridge Network
California Catholic Conference, Inc.
California Fraternal Order of Police
California Narcotics Officers' Association
California Police Chiefs
California State Sheriffs' Association
CASH Community against Sexual Harm
Christians Against Slavery
Church State Council
Cities of Long Beach and Vista
City of Los Angeles, Mayor Garcetti
Community Overcoming Relationship Abuse
Concerned Women for America
Domestic Violence Center of Santa Clarita Valley
Equality Now
First United Methodist Women of Escondido
Freedom From Exploitation
Gems Uncovered
Generate Hope
Grandma's House of Hope
Journey Community Church
Junior Leagues of California
Laura's House
Long Beach Police Officers Association
Los Angeles Police Protective League
Los Angeles Probation Officers Union, AFSCME Local #685
Los Angeles Professional Peace Officers Association
Mary Magdalene Project
MISSSEY
New Directions for Women
Peace Officers Research Association of California
Red Window Project
Riverside Sheriff's Association
Sacramento County Deputy Sheriffs Association
Safety Corridor Coalition
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Soroptimist International of Vista
Soroptimists Together Against Trafficking
Surviving Parents Coalition
Survivors for Solutions
The A21 Campaign
The Association for the Recovery of Children
The Guadalupe Art Program
The Joyful Child Foundation
The United Nations Association of the United States
Truckers against Trafficking
Urban Counties Caucus
Without Permission
OPPOSITION : (Verified 8/18/14)
California Attorneys for Criminal Justice
California Public Defenders Association
Erotic Services Providers Union
Transgender Law Center
ASSEMBLY FLOOR : 77-0, 8/18/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gonzalez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez, Holden,
Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, John A. P�rez, V.
Manuel P�rez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,
Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron,
Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Gomez, Mullin, Vacancy
JG:e 8/18/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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