Bill Text: CA SB1388 | 2013-2014 | Regular Session | Amended

California Senate Bill 1388 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Human trafficking.

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Passed) 2014-09-28 - Chaptered by Secretary of State. Chapter 714, Statutes of 2014. [SB1388 Detail]

Download: California-2013-SB1388-Amended.html
BILL NUMBER: SB 1388	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 14, 2014

INTRODUCED BY   Senators Lieu, Hill, and Mitchell
   (Principal coauthor: Senator Huff)
    (  Coauthors:   Assembly Members  
Cooley,   Eggman,   and Olsen   ) 

                        FEBRUARY 21, 2014

   An act to amend Sections 266k and 647 of the Penal Code, relating
to human trafficking.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1388, as amended, Lieu. Human trafficking.
   Existing law provides that a person who solicits or agrees to
engage in or engages in any act of prostitution is guilty of
disorderly conduct, a misdemeanor, punishable by imprisonment in
 the   a  county jail for no more than 6
months, by a fine not exceeding $1,000, or by both that fine and
imprisonment. Disorderly conduct includes, but is not limited to,
soliciting or agreeing to engage in or engaging in any act of
prostitution, and agreeing to engage in an act of prostitution when,
with specific intent to so engage, the person manifests an acceptance
of an offer or solicitation to so engage, regardless of whether the
offer or solicitation was made by a person who also possessed the
specific intent to engage in prostitution.
   This bill would instead make a person who seeks to purchase or
purchases a commercial sex act guilty of a misdemeanor, punishable by
imprisonment in  the   a  county jail for
at least 48 hours, but not more than 6 months, and by a fine of at
least $1,000, and, if probation is granted, by a fine of at least
$1,000, but not more than $50,000, to be deposited in the
Victim-Witness Assistance Fund to fund grants to local programs. The
bill would also authorize the court to order a defendant who is
convicted of a violation of the above offense, involving any person
who was a minor at the time of the offense, to pay an additional fine
of not less than $1,000 and not more than $10,000. This fine would
not be imposed upon a defendant who is a minor at the time of the
offense. Moneys collected would be deposited into the Commercial
Sexual Exploitation of Children Services Fund, which would be created
in the State Treasury. These moneys would be available, upon
appropriation by the Legislature, for the purpose of funding child
sexual exploitation and child sexual abuse victim counseling centers
and programs that fund services for child victims of human
trafficking.
   Existing law authorizes the court to order a person convicted of
violating certain prohibitions against the prostitution of a minor to
pay an additional fine not to exceed $20,000.
   This bill would require that the additional fine be not less than
$5,000.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 266k of the Penal Code is amended to read:
   266k.  (a) Upon the conviction of any person for a violation of
Section 266h or 266i, the court may, in addition to any other penalty
or fine imposed, order the defendant to pay an additional fine not
to exceed five thousand dollars ($5,000). In setting the amount of
the fine, the court shall consider any relevant factors, including,
but not limited to, the seriousness and gravity of the offense and
the circumstances of its commission, whether the defendant derived
any economic gain as the result of the crime, and the extent to which
the victim suffered losses as a result of the crime. Every fine
imposed and collected under this section shall be deposited in the
Victim-Witness Assistance Fund to be available for appropriation to
fund child sexual exploitation and child sexual abuse victim
counseling centers and prevention programs under Section 13837.
   (b) Upon the conviction of any person for a violation of Section
266j or 267, the court may, in addition to any other penalty or fine
imposed, order the defendant to pay an additional fine of not less
than five thousand dollars ($5,000) and not more than twenty thousand
dollars ($20,000).
   (c) Fifty percent of the fines collected pursuant to subdivision
(b) and deposited in the Victim-Witness Assistance Fund pursuant to
subdivision (a) shall be granted to community-based organizations
that serve minor victims of human trafficking.
   (d) If the court orders a fine to be imposed pursuant to this
section, the actual administrative cost of collecting that fine, not
to exceed 2 percent of the total amount paid, may be paid into the
general fund of the county treasury for the use and benefit of the
county.
  SEC. 2.  Section 647 of the Penal Code is amended to read:
   647.  Except as provided in subdivisions (k), (l), and (m), every
person who commits any of the following acts is guilty of disorderly
conduct, a misdemeanor:
   (a) Who solicits anyone to engage in or who engages in lewd or
dissolute conduct in any public place or in any place open to the
public or exposed to public view.
   (b) (1) Who agrees to purchase or purchases a commercial sex act.
A person agrees to purchase a commercial sex act if, with specific
intent to so purchase, he or she manifests an acceptance of an offer
or solicitation to purchase the act, regardless of whether the offer
or solicitation was made by a person who also possessed the specific
intent to engage in a commercial sex act. An agreement to purchase a
commercial sex act does not violate this paragraph unless some act,
in addition to the agreement, is done within this state in
furtherance of the commission of a commercial sex act by the person
who has agreed to purchase that act.
   (2) Who agrees to perform or performs a commercial sex act. A
person agrees to perform a commercial sex act if, with specific
intent to so perform, he or she manifests an acceptance of an offer
or solicitation to perform the act, regardless of whether the offer
or solicitation was made by a person who also possessed the specific
intent to engage in a commercial sex act. An agreement to perform a
commercial sex act does not violate this paragraph unless some act,
in addition to the agreement, is done within this state in
furtherance of the commission of a commercial sex act by the person
who has agreed to perform that act.
   (3) For purposes of this subdivision, "commercial sex act" means
any lewd act between persons for money or other consideration.
   (c) Who accosts other persons in any public place or in any place
open to the public for the purpose of begging or soliciting alms.
   (d) Who loiters in or about any toilet open to the public for the
purpose of engaging in or soliciting any lewd or lascivious or any
unlawful act.
   (e) Who lodges in any building, structure, vehicle, or place,
whether public or private, without the permission of the owner or
person entitled to the possession or in control of it.
   (f) Who is found in any public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance,
or toluene, in a condition that he or she is unable to exercise care
for his or her own safety or the safety of others, or by reason of
his or her being under the influence of intoxicating liquor, any
drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public
way.
   (g) When a person has violated subdivision (f), a peace officer,
if he or she is reasonably able to do so, shall place the person, or
cause him or her to be placed, in civil protective custody. The
person shall be taken to a facility, designated pursuant to Section
5170 of the Welfare and Institutions Code, for the 72-hour treatment
and evaluation of inebriates. A peace officer may place a person in
civil protective custody with that kind and degree of force that
would be lawful were he or she effecting an arrest for a misdemeanor
without a warrant. A person who has been placed in civil protective
custody shall not thereafter be subject to any criminal prosecution
or juvenile court proceeding based on the facts giving rise to this
placement. This subdivision shall not apply to the following persons:

   (1) Any person who is under the influence of any drug, or under
the combined influence of intoxicating liquor and any drug.
   (2) Any person who a peace officer has probable cause to believe
has committed any felony, or who has committed any misdemeanor in
addition to subdivision (f).
   (3) Any person who a peace officer in good faith believes will
attempt escape or will be unreasonably difficult for medical
personnel to control.
   (h) Who loiters, prowls, or wanders upon the private property of
another, at any time, without visible or lawful business with the
owner or occupant. As used in this subdivision, "loiter" means to
delay or linger without a lawful purpose for being on the property
and for the purpose of committing a crime as opportunity may be
discovered.
   (i) Who, while loitering, prowling, or wandering upon the private
property of another, at any time, peeks in the door or window of any
inhabited building or structure, without visible or lawful business
with the owner or occupant.
   (j) (1) Any person who looks through a hole or opening, into, or
otherwise views, by means of any instrumentality, including, but not
limited to, a periscope, telescope, binoculars, camera, motion
picture camera, camcorder, or mobile  phone,  
telephone,  the interior of a bedroom, bathroom, changing room,
fitting room, dressing room, or tanning booth, or the interior of any
other area in which the occupant has a reasonable expectation of
privacy, with the intent to invade the privacy of a person or persons
inside. This subdivision shall not apply to those areas of a private
business used to count currency or other negotiable instruments.
   (2) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person under or through the clothing being worn by that
other person, for the purpose of viewing the body of, or the
undergarments worn by, that other person, without the consent or
knowledge of that other person, with the intent to arouse, appeal to,
or gratify the lust, passions, or sexual desires of that person and
invade the privacy of that other person, under circumstances in which
the other person has a reasonable expectation of privacy.
   (3) (A) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person who may be in a state of full or partial undress,
for the purpose of viewing the body of, or the undergarments worn
by, that other person, without the consent or knowledge of that other
person, in the interior of a bedroom, bathroom, changing room,
fitting room, dressing room, or tanning booth, or the interior of any
other area in which that other person has a reasonable expectation
of privacy, with the intent to invade the privacy of that other
person.
   (B) Neither of the following is a defense to the crime specified
in this paragraph:
   (i) The defendant was a cohabitant, landlord, tenant, cotenant,
employer, employee, or business partner or associate of the victim,
or an agent of any of these.
   (ii) The victim was not in a state of full or partial undress.
   (4) (A) Any person who photographs or records by any means the
image of the intimate body part or parts of another identifiable
person, under circumstances where the parties agree or understand
that the image shall remain private, and the person subsequently
distributes the image taken, with the intent to cause serious
emotional distress, and the depicted person suffers serious emotional
distress.
   (B) As used in this paragraph, intimate body part means any
portion of the genitals, and in the case of a female, also includes
any portion of the breasts below the top of the areola, that is
either uncovered or visible through less than fully opaque clothing.
   (C) Nothing in this subdivision precludes punishment under any
section of law providing for greater punishment.
   (k) (1) (A) A person convicted of a violation of paragraph (1) of
subdivision (b) is guilty of a misdemeanor punishable by imprisonment
in  the   a  county jail for not less than
48 hours of continuous confinement, nor more than six months, and by
a fine of one thousand dollars ($1,000). In all cases in which
probation is granted, the court shall require as a condition thereof
that the person be confined in a county jail for at least 48 hours of
continuous confinement and pay a fine of at least one thousand
dollars ($1,000), but not more than fifty thousand dollars ($50,000).
A court shall not waive the requirement that a person who violates
paragraph (1) of subdivision (b) shall be confined for at least 48
continuous hours in a county jail.
   (B) Each fine imposed and collected pursuant to this paragraph
shall be deposited in the Victim-Witness Assistance Fund to fund
grants to local programs. Fifty percent of the fines collected and
deposited shall be granted to public agencies and nonprofit
corporations that provide exit or recovery programs for individuals
exploited through commercial sex. Fifty percent of the fines
collected and deposited shall be granted to law enforcement and
prosecution agencies in the jurisdiction in which the charges were
filed to fund programs to prevent sex purchasing.
   (2) (A) In any accusatory pleading charging a violation of
subdivision (b), if the defendant has been once previously convicted
of a violation of that subdivision, the previous conviction shall be
charged in the accusatory pleading. If the previous conviction is
found to be true by the jury, upon a jury trial, or by the court,
upon a court trial, or is admitted by the defendant, the defendant
shall be imprisoned in a county jail for a period of not less than 45
days and shall not be eligible for release upon completion of
sentence, on probation, on parole, on work furlough or work release,
or on any other basis until he or she has served a period of not less
than 45 days in a county jail. In all cases in which probation is
granted, the court shall require as a condition thereof that the
person be confined in a county jail for at least 45 days. In no event
does the court have the power to absolve a person who violates this
subparagraph from the obligation of spending at least 45 days in
confinement in a county jail.
   (B) In any accusatory pleading charging a violation of subdivision
(b), if the defendant has been previously convicted two or more
times of a violation of that subdivision, each of these previous
convictions shall be charged in the accusatory pleading. If two or
more of these previous convictions are found to be true by the jury,
upon a jury trial, or by the court, upon a court trial, or are
admitted by the defendant, the defendant shall be imprisoned in a
county jail for a period of not less than 90 days and shall not be
eligible for release upon completion of sentence, on probation, on
parole, on work furlough or work release, or on any other basis until
he or she has served a period of not less than 90 days in a county
jail. In all cases in which probation is granted, the court shall
require as a condition thereof that the person be confined in a
county jail for at least 90 days. In no event does the court have the
power to absolve a person who violates this subparagraph from the
obligation of spending at least 90 days in confinement in a county
jail.
   (3) In addition to any punishment prescribed by this section, a
court may suspend, for not more than 30 days, the privilege of the
person to operate a motor vehicle pursuant to Section 13201.5 of the
Vehicle Code for any violation of subdivision (b) that was committed
within 1,000 feet of a private residence and with the use of a
vehicle. In lieu of the suspension, the court may order a person's
privilege to operate a motor vehicle restricted, for not more than
six months, to necessary travel to and from the person's place of
employment or education. If driving a motor vehicle is necessary to
perform the duties of the person's employment, the court may also
allow the person to drive in that person's scope of employment.
   (l) (1) A second or subsequent violation of subdivision (j) is
punishable by imprisonment in a county jail not exceeding one year,
or by a fine not exceeding two thousand dollars ($2,000), or by both
that fine and imprisonment.
   (2) If the victim of a violation of subdivision (j) was a minor at
the time of the offense, the violation is punishable by imprisonment
in a county jail not exceeding one year, or by a fine not exceeding
two thousand dollars ($2,000), or by both that fine and imprisonment.

   (m) (1) The court may order a defendant who is convicted of a
violation of subdivision (b) involving any person who was a minor at
the time of the offense, to pay, in addition to any other penalty or
fine imposed, a fine of not less than one thousand dollars ($1,000)
and not more than ten thousand dollars ($10,000). This subdivision
does not apply to a defendant who was a minor at the time of the
offense.
   (2) Moneys collected pursuant to this subdivision shall be
deposited in the Commercial Sexual Exploitation of Children Services
Fund, which is hereby created in the State Treasury, to be
administered by  ____.   the Office of Emergency
Services.  Moneys deposited in this fund are available, upon
appropriation by the Legislature, to fund child sexual exploitation
and child sexual abuse victim counseling centers as described in
Section 13837 and programs that fund services for child victims of
human trafficking as defined in Section 236.1 in the county in which
the fine was collected.
   (3) If the court orders a fine to be imposed pursuant to this
subdivision, the actual administrative costs of collecting that fine,
not to exceed 2 percent of the total amount paid, may be paid into
the general fund of the county treasury for the use and benefit of
the county.