Bill Text: CA SB1064 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Sexually exploited minors.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Passed) 2016-09-26 - Chaptered by Secretary of State. Chapter 653, Statutes of 2016. [SB1064 Detail]

Download: California-2015-SB1064-Introduced.html

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BILL NUMBER: SB 1064	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hancock

                        FEBRUARY 16, 2016

   An act to amend Sections 18259 and 18259.3 of, to amend the
heading of Chapter 4.3 (commencing with Section 18259) of Part 6 of
Division 9 of, and to repeal Sections 18259.1 and 18259.5 of, the
Welfare and Institutions Code, relating to sexually exploited minors.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1064, as introduced, Hancock. Sexually exploited minors.
   Existing law, until January 1, 2017, authorizes the Counties of
Alameda and Los Angeles respectively, to create a pilot project,
contingent upon local funding, for the purposes of developing a
comprehensive, replicative, multidisciplinary model to address the
needs and effective treatment of commercially sexually exploited
minors, as specified.
   This bill would extend the operation of this project indefinitely
and expand its application to all counties. The bill would also
expand the definition of a "commercially sexually exploited minor" to
include, among others, a minor who has been adjudged a dependent of
the juvenile court because he or she is a commercially sexually
exploited child, and would create a presumption that, if a minor has
been arrested for engaging in prostitution, or is the subject of a
petition to adjudge him or her a dependent of the juvenile court
because he or she is a commercially sexually exploited child, he or
she is a commercially sexually exploited minor for the purposes of
that definition.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The heading of Chapter 4.3 (commencing with Section
18259) of Part 6 of Division 9 of the Welfare and Institutions Code
is amended to read:
      CHAPTER 4.3.  SEXUALLY EXPLOITED MINORS  PILOT
 PROJECT


  SEC. 2.  Section 18259 of the Welfare and Institutions Code is
amended to read:
   18259.  (a)  The County of Alameda,   Each
county,  contingent upon local funding, may establish a 
pilot  project consistent with this chapter to develop a
comprehensive, replicative, multidisciplinary model to address the
needs and effective treatment of commercially sexually exploited
minors who have been arrested or detained by local law enforcement
for a violation of subdivision (a) or (b) of Section 647 or
subdivision (a) of Section 653.22 of the Penal  Code.
  Code, or who have been adjudged a dependent of the
juvenile court pursuant to paragraph (2) of subdivision (b) of
Section 300. 
   (b) The  District Attorney of the County of Alameda,
  district attorney of each county,  in
collaboration with  the respective  county and
community-based agencies, may develop, as a component of the 
pilot  project described in this chapter, protocols for
identifying and assessing minors, upon arrest or detention by law
enforcement, who may be victims of commercial sexual exploitation.
   (c) The  District Attorney of the County of Alameda,
  district attorney of each county,  in
collaboration with  the respective  county and
community-based agencies that serve commercially sexually exploited
minors, may develop, as a component of the  pilot 
project described in this chapter, a diversion program reflecting the
best practices to address the needs and requirements of 
arrested or detained  minors who have been determined to be
victims of commercial sexual exploitation.
   (d) The  District Attorney of the County of Alameda,
  district attorney of each county,  in
collaboration with  the respective  county and
community-based agencies, may form, as a component of the 
pilot  project described in this chapter, a
multidisciplinary team including, but not limited to, city police
departments, the county sheriff's department, the public defender's
office, the probation department, child protection services, and
community-based organizations that work with or advocate for
commercially sexually exploited minors, to do both of the following:
   (1) Develop a training curriculum reflecting the best practices
for identifying and assessing minors who may be victims of commercial
sexual exploitation.
   (2) Offer and provide this training curriculum through
multidisciplinary teams to law enforcement, child protective
services, and others who are required to respond to arrested or
detained minors who may be victims of commercial sexual exploitation.

  SEC. 3.  Section 18259.1 of the Welfare and Institutions Code is
repealed. 
   18259.1.  The District Attorney for the County of Alameda shall,
on or before April 1, 2016, submit a report to the Legislature that
summarizes the activities performed by the district attorney pursuant
to this section, so that the Legislature may determine whether the
pilot project should be extended or expanded to other counties prior
to the repeal of this chapter pursuant to Section 18259.5. The report
shall, at a minimum, include the number of sexually exploited
minors, if any, diverted by the program authorized in subdivision (c)
of Section 18259, and a summary of the types of services and
alternate treatments provided to those minors. This report shall be
contingent upon local funding, and shall be required only if the
County of Alameda establishes a pilot project and the district
attorney performs any of the activities of the pilot project
authorized by this chapter. The report shall not include any
information that would reveal the identity of a specific sexually
exploited minor. 
  SEC. 4.  Section 18259.3 of the Welfare and Institutions Code is
amended to read:
   18259.3.   (a)    For purposes of this chapter,
"commercially sexually exploited minor" means a person under 18 years
of age who  has   is described by one or more
of the following: 
    (1)     Has  been abused in the manner
described in paragraph (2) of subdivision (c) of Section 11165.1 of
the Penal Code, and who has been detained for a violation of the law
or placed in civil protective custody on a safety hold based only on
a violation of subdivision (a) or (b) of Section 647 or subdivision
(a) of Section 653.22 of the Penal Code. 
   (2) Has been adjudged a dependent of the juvenile court pursuant
to paragraph (2) of subdivision (b) of Section 300.  
   (3) Has been the victim of abduction, as described in Section 267
of the Penal Code.  
   (4) Meets the definition of a victim of a severe form of
trafficking, as defined in Section 7105 of Title 22 of the United
States Code.  
   (b) If a minor is arrested or detained for an alleged violation of
subdivision (a) or (b) of Section 647 of the Penal Code or of
subdivision (a) of Section 653.22 of the Penal Code, or if a minor is
the subject of a petition to adjudge him or her a dependent of the
juvenile court pursuant to paragraph (2) of subdivision (b) of
Section 300, he or she shall be presumed to be a commercially
sexually exploited minor, as defined in subdivision (a). 
  SEC. 5.  Section 18259.5 of the Welfare and Institutions Code is
repealed. 
   18259.5.  This chapter shall remain in effect only until January
1, 2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.