Bill Text: CA SB1064 | 2015-2016 | Regular Session | Chaptered
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-Chaptered.html
BILL NUMBER: SB 1064 CHAPTERED
BILL TEXT
CHAPTER 653
FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2016
APPROVED BY GOVERNOR SEPTEMBER 26, 2016
PASSED THE SENATE AUGUST 29, 2016
PASSED THE ASSEMBLY AUGUST 22, 2016
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, 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 program indefinitely
in the 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.
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 PROGRAM
SEC. 2. Section 18259 of the Welfare and Institutions Code is
amended to read:
18259. (a) The County of Alameda, contingent upon local funding,
may 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 Attorney of the County of Alameda, in
collaboration with the county child welfare agency, county probation,
sheriff, and community-based agencies, may develop, as a component
of the 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 Attorney of the County of Alameda, in
collaboration with the county child welfare agency, county probation,
sheriff, and community-based agencies that serve commercially
sexually exploited minors, may develop, as a component of the 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 Attorney of the County of Alameda, in
collaboration with the county and community-based agencies, may form,
as a component of the 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.
