California Senate Bill SB1064 Amended / Bill

 BILL NUMBER: SB 1064AMENDED BILL TEXT AMENDED IN SENATE MAY 31, 2016 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 amended, 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.   indefinitely in the Counties of Alameda and Los Angeles.  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 PROJECT SEC. 2. Section 18259 of the Welfare and Institutions Code is amended to read: 18259. (a)  Each county,   The Counties of Alameda and Los Angeles,  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  attorney of each county,   attorneys of the Counties of Alameda and Los Angeles,  in collaboration with the respective county and community-based agencies, may  each  develop, as a component of the 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 each county,     attorneys of the Counties of Alameda and Los Angeles,  in collaboration with the respective county and community-based agencies that serve commercially sexually exploited minors, may  each  develop, as a component of the project 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 each county,     attorneys of the Counties of Alameda and Los Angeles,  in collaboration with the respective county and community-based agencies, may  each  form, as a component of the 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. 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 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.