Assembly Public Safety Committee Waters Down Child Sex Trafficking Bill – California Globe

A bill aimed at strengthening child protections by making it a crime to solicit, agree to engage in or engage in any act of commercial sex with a minor to help combat human trafficking passed the Assembly Public Safety Committee on Tuesday by a vote of 36-0.

Senate Bill 1414, authored by Sens. Shannon Grove (R-Bakersfield), Anna Caballero (D-Merced), and Susan Rubio (D-Baldwin Park), would specifically amend the law to provide that any person who solicits, agrees to engage in, or engages in commercial sexual conduct with a minor, regardless of knowledge or reasonable suspicion of the minor’s age, shall be charged with a felony. This offense would also carry a prison sentence of 2 to 4 years, a fine not to exceed $25,000, and registration on the sex offender registry.

The bill, which Grove created to close a current loophole that allows many child sex trafficking offenders to avoid harsher penalties, has moved quickly through Senate committees in recent months. However, several Democratic lawmakers have continued to fight the bill, particularly over its protections for 16- and 17-year-olds. Concerns have also been raised about the age of the offenders and the strict “18 and over” cutoff.

Before the Senate vote in May, several amendments were added to the bill. Among them, the age of the defendant was changed from at least 18 years old to 18 years old at the time of the offense and a felony charge punishable by a prison sentence, with no possibility of prosecution in prison. Although the bill passed the Senate by a vote of 36-0, Sen. Grove expressed frustration with Senate leadership for pushing the amendments through the bill, but hoped the bill would be reinstated in the House, especially since the bill remains effectively bipartisan.

However, before the Assembly Public Safety Committee voted Tuesday, the committee added even more amendments. The most notable amendment now requires that 16- and 17-year-olds be proven victims of human trafficking for the buyer to be held accountable and face a harsher sentence. Grove and others fought the new amendments, especially since district attorneys said they would make prosecutions even more difficult. But the new amendments passed.

Although the bill passed the Assembly Public Safety Committee on Tuesday, Grove expressed disappointment that his bill was further watered down.

“Don’t be fooled by the Public Safety Chairs’ announcement that they have reinstated a crime for child purchasing in SB 1414. Today, the Assembly Public Safety Committee amended SB 1414, making it even harder to protect 16- and 17-year-olds,” Sen. Grove said Tuesday. “In order for 16- and 17-year-olds to receive additional protections, they must first prove that they are victims of human trafficking. Now, two crimes must be proven, the purchase AND sale of a child, before a buyer can receive an increased sentence. ALL children deserve equal protection. When will Public Safety Committees prioritize protecting all children over perpetrators?”

Don’t be fooled by the public safety chairmen’s announcement that they’ve reinstated a misdemeanor for child purchasing in SB 1414. Today, the Assembly Public Safety Committee amended SB 1414, making it even harder to protect 16- and 17-year-olds. So that 16- and 17-year-olds can…

— Senator Shannon Grove (@ShannonGroveCA) July 3, 2024

Insiders in Sacramento said SB 1414 was still on track to pass this year, but noted that it was now a much more diluted bill since it was first introduced later this year.

“Supporters of SB 1414 have said they’ve stripped the bill of a lot of teeth,” “Dana,” a Capitol staffer, told the Globe on Wednesday. “I said last time it could be reinstated, but I think I was being a little optimistic. Ask any supporter of the bill, and they’ll tell you the new amendments really hurt 16- and 17-year-olds. Ask anyone who supports introducing the amendments, and you’ll get an awkward silence.”

“SB 1414 will reach the governor before the deadline, but it will almost certainly be a much more amended bill than it was originally.”

SB 1414 is next expected to be introduced in the Assembly Appropriations Committee next August.