HOUSE BILL REPORT

SHB 1836

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Passed House:

March 6, 2019

Title: An act relating to prohibiting the waiver, reduction, or suspension of certain fees charged to persons who commit offenses involving the sexual exploitation of children.

Brief Description: Prohibiting the waiver, reduction, or suspension of certain fees charged to persons who commit offenses involving the sexual exploitation of children.

Sponsors: House Committee on Public Safety (originally sponsored by Representatives Kraft, Van Werven, Chambers, Maycumber, Graham, Caldier, Eslick and Mosbrucker).

Brief History:

Committee Activity:

Public Safety: 2/15/19, 2/21/19 [DPS].

Floor Activity:

Passed House: 3/6/19, 97-0.

Brief Summary of Substitute Bill

  • Modifies fees charged to persons who commit the crimes of Commercial Sexual Abuse of a Minor, Promoting Commercial Sexual Abuse of a Minor, or Promoting Travel for Commercial Sexual Abuse of a Minor.

HOUSE COMMITTEE ON PUBLIC SAFETY

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 10 members: Representatives Goodman, Chair; Davis, Vice Chair; Klippert, Ranking Minority Member; Sutherland, Assistant Ranking Minority Member; Appleton, Graham, Lovick, Orwall, Pellicciotti and Pettigrew.

Staff: Kelly Leonard (786-7147).

Background:

Commercial Sexual Abuse of a Minor. A person commits the crime of Commercial Sexual Abuse of a Minor if:

Commercial Sexual Abuse of a Minor is a class B felony and a level VIII offense.

A person commits the crime of Promoting Commercial Sexual Abuse of a Minor if he or she knowingly advances commercial sexual abuse or a sexually explicit act of a minor or profits from a minor engaged in sexual conduct or a sexually explicit act. Promoting Commercial Sexual Abuse of a Minor is a class A felony and a level XII offense.

A person commits the crime of Promoting Travel for Commercial Sexual Abuse of a Minor if he or she knowingly sells or offers to sell travel services that include or facilitate travel for the purpose of engaging in what would be Commercial Sexual Abuse of a Minor or Promoting Commercial Sexual Abuse of a Minor, if occurring in Washington. Promoting Travel for Commercial Sexual Abuse of a Minor is a class C felony and an unranked offense.

Legal Financial Obligations. The court may impose legal financial obligations as part of a judgment and sentence, depending on the nature of the underlying offense. Legal financial obligations may include: crime victim compensation fees; costs associated with the offender's prosecution and sentence; fines; penalties; and assessments.

In addition to other related legal financial obligations, state law mandates certain fees for adults who commit Commercial Sexual Abuse of a Minor, Promoting Commercial Sexual Abuse of a Minor, and Promoting Travel for Commercial Sexual Abuse of a Minor. Those fees are as follows:

Circumstances When Assessed

Fee

Revenues

Conviction of, deferred sentence or prosecution for, or a diversion agreement for any of the offenses.

$5,000

Deposit into respective county or city general fund to be used for enforcement of commercial sex laws and certain prevention and rehabilitative services for victims, except 2 percent is remitted to the Department of Commerce.

Conviction of any of the offenses when an internet advertisement depicting or describing the victim was instrumental in facilitating the offense.

$5,000

(additional)

Deposit into the Prostitution Prevention and Intervention Account for funding the Statewide Coordinating Committee on Sex Trafficking, certain programming for youth involved in prostitution, services for sexually exploited children, and a grant program to enhance prostitution prevention and intervention.

The court has express statutory authority to reduce, waive, or suspend payment of up to two-thirds of the initial $5,000 fee if it finds that the offender does not have the ability to pay.

Summary of Substitute Bill:

Both the initial generally applicable fee and the additional specialized fee (for cases involving Internet advertisements) charged to persons who commit Commercial Sexual Abuse of a Minor, Promoting Commercial Sexual Abuse of a Minor, or Promoting Travel for Commercial Sexual Abuse of a Minor are mandatory. The amounts of both fees are modified. The court must determine the amount of each fee, which must be at least $3,500 and no more than $7,500. The court is otherwise prohibited from reducing, waiving, or suspending payment of either fee.

Appropriation: None.

Fiscal Note: Available. New fiscal note requested on February 26, 2019.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.

Staff Summary of Public Testimony:

(In support) This bill addresses the horrendous crime of trafficking of minors. The ultimate objective is to reduce demand for sex trafficking. One practical way to achieve this is to make it more painful for perpetrators by raising monetary penalties. Current state law says that a defendant can be charged $5,000 for each of the two fees, but the judge can decide to reduce those fees. The "ability to pay" overrides the horrendous acts committed against the child. This bill provides that, if someone does this to a child, they will be required to pay the mandatory $5,000. Survivors support this bill.

There is a possible amendment to address concerns regarding judicial discretion. The committee could consider allowing the judge to determine the exact fee in each case, but require it to be between $5,000 and $7,500.

(Opposed) None.

Persons Testifying: Representative Kraft, prime sponsor.

Persons Signed In To Testify But Not Testifying: None.