Bill Text: CA AB2034 | 2023-2024 | Regular Session | Introduced
Bill Title: Crimes: loitering for the purpose of engaging in a prostitution offense.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced) 2024-03-07 - In committee: Hearing postponed by committee. [AB2034 Detail]
Download: California-2023-AB2034-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2034
| Introduced by Assembly Member Rodriguez (Principal coauthor: Assembly Member Gipson) (Coauthors: Assembly Members Stephanie Nguyen, Ramos, Blanca Rubio, and Villapudua) |
February 01, 2024 |
An act to amend Section 782.1 of the Evidence Code, to amend Sections 647.3, 653.23, 653.29, and 1203.47 of, and to add Sections 653.20 and 653.22 to, the Penal Code, and to amend Sections 18259 and 18259.3 of the Welfare and Institutions Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 2034, as introduced, Rodriguez.
Crimes: loitering for the purpose of engaging in a prostitution offense.
Existing law, until January 1, 2023, prohibited loitering in a public place with the intent to commit prostitution, as defined, and made that crime a misdemeanor.
This bill would make it a misdemeanor to loiter in a public place with the intent to commit prostitution, as defined, and make other conforming changes. By creating a new crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 782.1 of the Evidence Code is amended to read:782.1.
The possession of a condom is not admissible as evidence in the prosecution of a violation of Section 372 of,SEC. 2.
Section 647.3 of the Penal Code is amended to read:647.3.
(a) A person who reports being a victim of, or a witness to, a serious felony as defined in subdivision (c) of Section 1192.7, an assault in violation of subdivision (a) of Section 245, domestic violence in violation of Section 273.5, extortion in violation of Section 518, human trafficking in violation of Section 236.1, sexual battery in violation of subdivision (a) of Section 243.4, or stalking in violation of Section 646.9 shall not be arrested for any of the following offenses if that offense is related to the crime that the person is reporting or if the person was engaged in that offense at or around the time that the person was the victim of or witness to the crime they are reporting:(1) A misdemeanor violation of the California Uniform Controlled Substances
Act (Division 10 (commencing with Section 11000) of the Health and Safety Code).
(2) A violation of Section 372 or 372, subdivision (a) or (b) of Section 647, or former Section 653.22, if the offense is related to an act of prostitution.
(b) Possession of condoms in any amount shall not provide a basis for probable cause for arrest for a violation of Section 372 or 372, subdivision (a) or (b) of Section 647, or former
Section 653.22 if the offense is related to an act of prostitution.
SEC. 3.
Section 653.20 is added to the Penal Code, to read:653.20.
For purposes of this chapter, the following definitions apply:(a) “Commit prostitution” means to engage in sexual conduct for money or other consideration, but does not include sexual conduct engaged in as a part of any stage performance, play, or other entertainment open to the public.
(b) “Public place” means an area open to the public, or an alley, plaza, park, driveway, or parking lot, or an automobile, whether moving or not, or a building open to the general public, including one that serves food or drink, or provides entertainment, or the doorways and entrances to a building or dwelling, or the grounds enclosing a building or dwelling.
(c) “Loiter” means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered.
SEC. 4.
Section 653.22 is added to the Penal Code, to read:653.22.
(a) Except as specified in subdivision (c), it is unlawful for any person to loiter in a public place and engage in behaviors indicative of intent to commit prostitution. Among the circumstances that a peace officer shall consider in determining whether a person is loitering and engaging in behaviors with the intent to commit prostitution are that the person:(1) Repeatedly beckons to, stops, engages in conversations with, or attempts to stop or engage in conversations with passersby, in a manner consistent with patterns of behavior previously identified as indicative of soliciting for prostitution.
(2) Repeatedly stops or attempts to stop motor vehicles by hailing the drivers,
waving arms, or making any other bodily gestures, or engages or attempts to engage the drivers or passengers of the motor vehicles in conversation, in a manner consistent with patterns of behavior previously identified as indicative of soliciting for prostitution.
(3) Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to contact or stop pedestrians or other motorists, indicative of soliciting for prostitution.
(4) Engaging in the behaviors described in paragraphs (1) to (3), inclusive, in an area and time that is known for prostitution activity.
(5) Has been convicted of violating this section, subdivision (a) or (b) of Section 647, or any other offense relating to or involving prostitution, within five years of the arrest under this section and is engaging in the behaviors outlined
in paragraphs (1) to (4), inclusive.
(b) The clothing of a person shall not solely determine whether a person is loitering with the intent to commit prostitution.
(c) Notwithstanding subdivision (a), this section does not apply to a child under 18 years of age who is alleged to have engaged in conduct that would, if committed by an adult, violate this subdivision. A commercially exploited child under this subdivision may be adjudged a dependent child of the court pursuant to paragraph (2) of subdivision (b) of Section 300 of the Welfare and Institutions Code and may be taken into temporary custody pursuant to subdivision (a) of Section 305 of the Welfare and Institutions Code, if the conditions allowing temporary custody without warrant are met.
(d) No one circumstance or combination of circumstances is in itself
determinative of intent. Intent shall be determined based on an evaluation of the particular circumstances of each case.
SEC. 5.
Section 653.23 of the Penal Code is amended to read:653.23.
(a) It is unlawful for a person to do either of the following:(1) Direct, supervise, recruit, or otherwise aid another person in the commission of a violation of subdivision (b) of Section 647. 647 or subdivision (a) of Section 653.22.
(2) Collect or receive all or part of the proceeds earned from an act or acts of prostitution committed by another person in violation of subdivision (b) of Section 647.
(b) Nothing in this section shall preclude the
prosecution of a suspect for a violation of Section 266h or 266i or for any other offense, or for a violation of this section in conjunction with a violation of Section 266h or 266i or any other offense.
SEC. 6.
Section 653.29 of the Penal Code is amended to read:653.29.
(a) (1) A person currently serving a sentence for a conviction of violating(2) Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the petition proves by
clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1), the court shall grant the petition to recall the sentence or dismiss the sentence because it is legally invalid and shall seal the conviction as legally invalid.
(b) (1) A person who has completed their sentence for a conviction of violating former Section 653.22, as it read on or before January 1, 2023, whether by trial or open or negotiated plea, may file an application before the trial court that entered the judgment of conviction in their case to have the conviction dismissed and sealed because the prior conviction is now legally invalid.
(2) The court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the application proves by clear and convincing evidence that the petitioner does not satisfy the criteria in paragraph (1). Once the applicant satisfies the criteria in paragraph (1), the court shall seal the conviction as legally invalid.
(c) Unless requested by the applicant, no hearing is necessary to grant or deny an application filed under subdivision (b).
(d) If the court that originally sentenced the petitioner is not available, the presiding judge shall designate another judge to rule on the petition or application.
(e) Nothing in this section is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner or applicant.
(f) The Judicial Council shall promulgate and make available all necessary forms to enable the filing of the petitions and applications provided in this section.
SEC. 7.
Section 1203.47 of the Penal Code is amended to read:1203.47.
(a) A person who was found to be a person described in Section 602 of the Welfare and Institutions Code by reason of the commission of an offense described in subdivision (b) of Section 647 or in(b) The relief provided by this section does not apply to a person adjudicated pursuant to subdivision (b) of Section 647 or of Section 653.22 who paid money or any other valuable thing, or attempted to pay money or any other valuable thing, to any person for the purpose of prostitution as defined in subdivision (b) of Section 647.
(c) This section applies to
adjudications that occurred before, as well as those that occur after, the effective date of this section.
(d) A petition granted pursuant to this section does not authorize the sealing of any part of a person’s record that is unrelated to a violation of subdivision (b) of Section 647. 647, Section 635.22, or both.
SEC. 8.
Section 18259 of the Welfare and Institutions Code is amended to read:18259.
(a) The County of Alameda, contingent upon local funding, may 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(b) The District Attorney of the County of Alameda, in collaboration with the county child welfare agency, county probation,
sheriff, and community-based agencies, may develop, as a component of the program 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. The protocol shall include the process for how to make a report to the county child welfare agency if there is reason to believe the minor is a person described in Section 300. The protocol shall also include the process for the child welfare agency to investigate the report pursuant to Section 328.
(c) The District Attorney of the County of Alameda, in collaboration with the county child welfare agency, county probation, sheriff, and community-based agencies that serve commercially sexually exploited minors, may develop, as a component of the program 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 the County of Alameda, in collaboration with the county and community-based agencies, may form, as a component of the program 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. 9.
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 of the Penal Code or subdivision (a) of former 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 former Section 653.22 of the Penal Code, or if a minor is the subject of a petition to be adjudged a dependent of the juvenile court pursuant to paragraph (2) of subdivision (b) of Section 300, they shall be presumed to be a commercially sexually exploited minor, as defined in subdivision (a).
