SB 941

Under current law, a person who intentionally solicits a person who is at least

18 to practice prostitution or establishes a person who is at least 18 in a place of

prostitution is guilty of a Class H felony. This bill increases the penalty to a Class

G felony. A Class G felony is punishable by a term of imprisonment not to exceed 10

years, which, under a bifurcated sentence, is a maximum term of confinement in

prison of five years followed by a maximum term of extended supervision of five

years. Current law has no mandatory minimum term of confinement in prison for

this crime. The bill imposes a mandatory minimum term of confinement in prison

for a person who is convicted of soliciting a prostitute, and the mandatory minimum

applies whether the person solicited is an adult or a child. The minimum term

imposed depends on the number of convictions for solicitation that the person has.

For a first offense, the mandatory minimum is either six months or, if the person

completes a treatment and education program approved by the court, three months.

For a second offense, the mandatory minimum is either 12 months or, if the offense

follows the completion of the treatment and education program for the first offense,

12 months plus the reduction for completing the program. For a third offense, the

mandatory minimum is two years. For a fourth or subsequent offense, the

mandatory minimum is three years.

Current law requires the Department of Justice to design a poster that provides

information regarding a human trafficking resource hotline. Under current law, the

poster must inform individuals what human trafficking is and provide a phone

number for a victim to use for help and services. The bill adds that the poster must

also include the penalties for the crimes of human trafficking and soliciting a person

to practice prostitution.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report.