BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1708


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          Date of Hearing:  May 11, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          1708 (Gonzalez) - As Amended April 13, 2016


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill imposes mandatory minimum 72 hours in jail for persons  
          convicted of purchasing commercial sex, imposes a one-year  
          sentence enhancement for specified human trafficking offenses,  
          and recasts the crime of prostitution as specified.  
          Specifically, this bill:  


          1)Defines and divides the crime of prostitution into three  
            separate forms:  

               a)     The defendant agreed to receive compensation,  








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                 received compensation, or solicited compensation in  
                 exchange for a lewd act; 
               b)     The defendant provided compensation, agreed to  
                 provide compensation, or solicited an adult to accept  
                 compensation in exchange for a lewd act; and 
               c)     The defendant provided compensation, or agreed to  
                 provide compensation, to a minor in exchange for a lewd  
                 act, regardless of which party made the initial  
                 solicitation.  

          1)Clarifies that a manifestation of acceptance of an offer or  
            solicitation for prostitution is not a violation unless some  
            act, in addition to acceptance, is done within this state in  
            furtherance of the commission of the act of prostitution by  
            the person manifesting an acceptance of an offer or  
            solicitation to engage in that act. As used in this  
            subdivision, "prostitution" includes any lewd act between  
            persons for money or other consideration.


          2)Specifies that purchase of commercial sex is punishable as  
            follows:  


             a)   A mandatory minimum 72 hours and up to 6 months in  
               county jail; and


             b)   A fine not exceeding $1,000, which shall be deposited in  
               the treasury of the county in which the offense occurred  
               and used by the county to fund services for victims of  
               human trafficking.  


          3)Clarifies that solicitation of a minor can be solicitation of  
            a person posing as a minor if the person engaged in the  
            solicitation had the specific intent to solicit a minor, and  
            increases mandatory minimum jail time for solicitation of a  
            minor from two days to 72 hours.  Also, specifies that the  








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            fine for solicitation of a minor shall be deposited in the  
            treasury of the county in which the offense occurred and used  
            by the county to fund services for victims of human  
            trafficking.  


          4)Removes judicial discretion on imposition of the 72 hour  
            mandatory minimum jail time imposed for solicitation of adults  
            and solicitation of minors.  


          5)Provides that persons who are convicted of human trafficking  
            of a minor or abduction of a minor for purposes of  
            prostitution within 1,000 feet of a school shall be subject to  
            a one-year state prison enhancement.  


          FISCAL EFFECT:


          1)Likely minor fiscal impact to the Department of Corrections  
            and Rehabilitation (CDCR).  There are currently two persons in  
            state prison convicted for human trafficking of minors and  
            there are twenty-four persons serving time for pimping or  
            pandering minors.  If two persons were convicted per human  
            trafficking of minors near a school and received the one-year  
            state prison enhancement, the annual cost to CDCR would be  
            approximately $58,000, $29,000 per individual per year. 


          2)Moderate, nonreimbursable costs for incarceration, offset to a  
            degree by increased fine revenue, to the extent the arrest  
            results in incarceration.  Also, additional resources to fund  
            services for victims of human trafficking will be available if  
            the offense is solicitation of a minor.  


          3)Additional penalty assessment funds revenues.  The amounts of  
            penalty assessments are spelled out in statute, and they are  








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            related to the base fine.  Assuming a defendant is fined  
            $1,000 under the Penal Code for a felony or misdeameanor,  
            approximately $3,170 in penalty assessments is imposed  
            pursuant to the Government and Penal codes.  


          COMMENTS:


          1)Background.  The basic crime of prostitution is a misdemeanor  
            offense.  Prostitution can be generally defined as "soliciting  
            or agreeing to engage in a lewd act between persons for money  
            or other consideration."  Lewd acts include touching the  
            genitals, buttocks, or female breast of either the prostitute  
            or customer with some part of the other person's body for the  
            purpose of sexual arousal or gratification of either person.  

            For the crime of "soliciting a prostitute" the prosecutors  
            must prove that the defendant requested that another person  
            engage in an act of prostitution, and that the defendant  
            intended to engage in an act of prostitution with the other  
            person, and the other person received the communication  
            containing the request.  The defendant must do something more  
            than just agree to engage in prostitution.  The defendant must  
            do some act in furtherance of the agreement to be convicted.   
            Words alone may be sufficient to prove the act in furtherance  
            of the agreement to commit prostitution 


            For a first offense conviction of prostitution the defendant  
            faces up to 180 days in jail.  If a defendant has one prior  
            conviction of prostitution he or she must receive a county  
            jail sentence of not less than 45 days.  If the defendant has  
            two or more prior convictions, the minimum sentence is 90 days  
            in the county jail. 


            In addition to the punishment described above, if the  
            defendant has a conviction of prostitution, he or she faces  








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            fines, probation, possible professional licensing restrictions  
            or revocations, possible immigration consequences, possible  
            asset forfeiture, and possible driving license restrictions.  


          2)Purpose. Traditionally, law enforcement has tackled  
            prostitution by arresting the women and girls on the street,  
            while "pimps" and "johns" have been the least likely offenders  
            in the commercial sex trade to face jail time. This neglects  
            the fact that many of these criminalized "prostitutes" are  
            actually victims of sex trafficking, punishing the victim with  
            possible jail time and making it more difficult to go back to  
            school or find work, while leaving their exploiters without  
            any incentive to stop their profitable trafficking.


            "Commercial sex trafficking remains a lucrative business for  
            many, with a high demand leading to more and more youth being  
            exploited. Furthermore, traffickers continue to prey on  
            children at or near their schools to recruit them and traffic  
            them to purchasers, making these spaces that should be a safe  
            place for youth dangerous with few consequences to themselves.


            "AB 1708 would help tackle the problem of commercial sexual  
            exploitation by taking a hard stance against those  
            contributing to the demand for sex trafficking and those  
            making schools an unsafe place for children by trafficking at  
            or near them. We need to make sure that the negative  
            consequences fall on the true criminals, not the victims."


            This bill separates prostitution into separately defined and  
            charged offenses, different procedures, penalties and other  
            outcomes and goals that can easily be amended into the law.  


            Additionally, the bill imposes mandatory minimum jail  
            sentences on individuals who are convicted of buying or  








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            attempting to buy commercial sex in the form of prostitution.   
            Imposing mandatory jail time on a person convicted of  
            prostitution can result in the loss of employment and create  
            problems for the offender that may lead to further criminal  
            acts.  


          3)Support.  According to the Alameda County District Attorney's  
            Office, "In order to fully combat the problem of commercial  
            sex trafficking, it is important to combat the demand for  
            these services, and recognize that purchasers of sex are  
            driving this exploitative and dangerous industry of slavery.  


          4)Opposition.  According to the American Civil Liberties Union,  
            "While protecting minors from victimization is an extremely  
            important objective, we believe that lengthening sentences for  
            the offenses referenced in this bill and decreasing judicial  
            discretion in sentencing will not accomplish that goal." They  
            also raise several concerns with the punishments associated  
            with soliciting a minor when the person is not minor.


          5)Related Legislation:  


             a)   AB 1051 (Maienschein), of this legislative session,  
               changed the definition of "pattern of criminal gang  
               activity" to add the crime of human trafficking and creates  
               a new one-year state prison enhancement for specified  
               crimes committed against a minor on the grounds of, or  
               within 1,000 feet of a school.  AB 1051 was held in the  
               Senate Appropriations Committee. 


             b)   SB 420 (Huff), of this legislative session, recasts the  
               prostitution section using the exact same language as this  
               bill, dividing buyers, sellers, and buyers of sexual  
               services from minors.  SB 420 was held for interim study in  








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               Assembly Public Safety. 


          Analysis Prepared by:Pedro Reyes / APPR. / (916)  
          319-2081