Assembly Public Safety Committee Waters Down Child Sex Trafficking Bill

A bill to strengthen protections for children by making the act of soliciting, agreeing to engage in, or engaging in any act of commercial sex with a minor a felony to help fight human trafficking was passed in the Assembly Public Safety Committee on Tuesday in a 36-0 vote.

Senate Bill 1414, authored by Senators Shannon Grove (R-Bakersfield), Anna Caballero (D-Merced), and Susan Rubio (D-Baldwin Park) would specifically change the law to state that any individual who solicits, agrees to engage in, or engages in commercial sex with a minor, regardless of their knowledge or reasonable suspicion of the minor’s age, is to be charged with a felony. This offense will also carry a prison sentence ranging from 2 to 4 years, a fine not exceeding $25,000, and registration as a sex offender.

The bill, which Grove created as a way to fix a current loophole where many offenders sex trafficking minors avoid stricter penalties, quickly moved up in Senate committees in the last few months. However, several Democratic lawmakers proceeded to fight against the bill, especially over protections for 16 and 17-year olds. Concern was also shared over the offendees age and the hard ’18 years and older’ cut off date.

Before the Senate vote in May, multiple amendments were added to the bill. These included changing the age of the defendant from at least 18 years of age to the defendant only being 18 years old at the time of the offense and a felony charge only carrying possible jail time, and not being prison eligible. Despite the bill then passing the Senate 36-0, Senator Grove expressed frustration with Senate leadership for forcing the amendments on the bill, but hoped that the bill would be restored in the Assembly, especially with the bill remaining effectively bipartisan.

However, before the Assembly Public Safety Committee vote on Tuesday, the Committee instead added even more amendments. The most notable amendment now requires 16- and 17-year-olds needing to be proven victims of human trafficking in order for the buyer to be held accountable and charged with a stronger penalty. Grove and others fought against the new amendments, especially as district attorneys have said they will make it even harder to prosecute. But the new amendments went through.

While the bill did pass the Assembly Public Safety Committee on Tuesday, Grove noted her disappointment at her bill being watered down even further.

“Don’t be fooled by the Public Safety Chairs’ announcement that they restored a felony for purchasing children in SB 1414. Today the Assembly Public Safety Committee amended SB 1414, making it even harder to protect 16 and 17 year old children,” said Senator Grove on Tuesday. “In order for 16 and 17 year olds to have additional protections, they must first prove to be victims of human trafficking. Now, two crimes must be proven, the buying AND the selling of a child, before a buyer can receive a stronger penalty. ALL children deserve to be protected equally. When will the Public Safety Committees prioritize the protection of all children over perpetrators?”

Don’t be fooled by the Public Safety Chairs’ announcement that they restored a felony for purchasing children in SB 1414. Today the Assembly Public Safety Committee amended SB 1414, making it even harder to protect 16 and 17 year old children. In order for 16 and 17 year olds to…

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

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

“Supporters of SB 1414 have said that they took a lot of the teeth out of the bill,” expressed “Dana”, a Capitol staffer, to the Globe on Wednesday. “I said last time that it could be restored, but I think I was being a bit optimistic. Ask any supporter of the bill, and they’ll say that the new amendments are really hurting 16 and 17-year-olds. Ask anyone in favor of putting the amendments in, and you get awkward silence.

“SB 1414 will make it to the Governor by the deadline, but it will for sure be a much more altered bill than it was originally.”

SB 1414 is next expected to go before the Assembly Appropriations Committee this August.