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

California Senate Bill 1064 (Prior Session Legislation)

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

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-Amended.html

BILL NUMBER: SB 1064	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 18, 2016
	AMENDED IN SENATE  MAY 31, 2016

INTRODUCED BY   Senator Hancock
    (   Coauthor:   Senator   Anderson
  ) 
    (   Coauthors:  Assembly Members  
Cooper,   Gonzalez,   and Thurmond   )


                        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 amended, Hancock. Sexually exploited minors.
   Existing law, until January 1, 2017, authorizes the Counties of
Alameda and Los  Angeles   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
  program  indefinitely in the  Counties of
Alameda and Los Angeles.   County of Alameda.  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. 
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of Alameda. 
   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  PROJECT
  PROGRAM 


  SEC. 2.  Section 18259 of the Welfare and Institutions Code is
amended to read:
   18259.  (a) The  Counties of Alameda and Los Angeles,
  County of Alameda,  contingent upon local
funding, may  each  establish a 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, or who have been adjudged a dependent of the juvenile
court pursuant to paragraph (2) of subdivision (b) of Section 300.
   (b) The  district attorneys of the Counties of Alameda and
Los Angeles,   District Attorney of the County of
Alameda,  in collaboration with the  respective
 county  child welfare agency, county probation,
sheriff,  and community-based agencies, may  each
 develop, as a component of the  project 
 program  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.
   The protocol shall include the process for how to
make a report to the county child welfare agency if there is reason
to believe the minor is a person described in Section 300. The
protocol shall also include the process for the child welfare agency
to investigate the report pursuant to Section 328. 
   (c) The  district attorneys of the Counties of Alameda and
Los Angeles,   District Attorney of the County of
Alameda,  in collaboration with the  respective
 county  child welfare agency, county probation,
sheriff,  and community-based agencies that serve commercially
sexually exploited minors, may  each  develop, as a
component of the  project   program 
described in this chapter, a diversion program reflecting the best
practices to address the needs and requirements of minors who have
been determined to be victims of commercial sexual exploitation.
   (d) The  district attorneys of the Counties of Alameda and
Los Angeles,   District A   ttorney  
of the County of Alameda,  in collaboration with the 
respective  county and community-based agencies, may
 each  form, as a component of the  project
  program  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.
  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 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  of the Penal Code  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.
   SEC. 6.    The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances of the
County of Alameda. According to the Office of the Attorney General,
there are currently nine regional human trafficking task forces. One
of those task forces includes the County of Alameda, which makes it
uniquely situated to implement a service model that would produce
improved outcomes for youth victims of human trafficking by providing
comprehensive intervention and rehabilitation services, as an
alternative to traditional prosecution or incarceration, or both.