Bill Text: CA SB1129 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prostitution: sanctions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-27 - Chaptered by Secretary of State. Chapter 724, Statutes of 2016. [SB1129 Detail]

Download: California-2015-SB1129-Introduced.html

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BILL NUMBER: SB 1129	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Monning

                        FEBRUARY 17, 2016

   An act to amend Section 647 of the Penal Code, and to repeal
Section 13201.5 of the Vehicle Code, relating to crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1129, as introduced, Monning. Prostitution: sanctions.
   Existing law provides that a person who solicits or agrees to
engage in or engages in lewd or dissolute conduct in public, as
specified, or an act of prostitution is guilty of disorderly conduct,
a misdemeanor. If a defendant is convicted a 2nd time of an act of
prostitution, as specified, existing law requires the defendant to be
imprisoned in a county jail for a period of not less than 45 days,
as specified, and if the defendant is convicted 3 or more times, that
minimum period of imprisonment is not less than 90 days, as
specified.
   Existing law also authorizes a court to suspend, for not more than
30 days, the privilege of a person to operate a motor vehicle if a
defendant is convicted of one of the disorderly conduct crimes
described above, as specified, and the crime was committed within
1,000 feet of a private residence and with the use of a private
vehicle.
   This bill would delete those additional sanctions imposed for
engaging in prohibited acts relating to prostitution.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 647 of the Penal Code is amended to read:
   647.  Except as provided in subdivision  (l), 
 (k),  every person who commits any of the following acts is
guilty of disorderly conduct, a misdemeanor:
   (a) Who solicits anyone to engage in or who engages in lewd or
dissolute conduct in any public place or in any place open to the
public or exposed to public view.
   (b) Who solicits or who agrees to engage in or who engages in any
act of prostitution. A person agrees to engage in an act of
prostitution when, with specific intent to so engage, he or she
manifests an acceptance of an offer or solicitation to so engage,
regardless of whether the offer or solicitation was made by a person
who also possessed the specific intent to engage in prostitution.
 No   An  agreement to engage in an act of
prostitution  shall   does not  constitute
a violation of this subdivision unless some act, in addition to the
agreement, is done within this state in furtherance of the commission
of an act of prostitution by the person agreeing to engage in that
act. As used in this subdivision, "prostitution" includes any lewd
act between persons for money or other consideration.
   (c) Who accosts other persons in any public place or in any place
open to the public for the purpose of begging or soliciting alms.
   (d) Who loiters in or about any toilet open to the public for the
purpose of engaging in or soliciting any lewd or lascivious or any
unlawful act.
   (e) Who lodges in any building, structure, vehicle, or place,
whether public or private, without the permission of the owner or
person entitled to the possession or in control of it.
   (f) Who is found in any public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance,
or toluene, in a condition that he or she is unable to exercise care
for his or her own safety or the safety of others, or by reason of
his or her being under the influence of intoxicating liquor, any
drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public
way.
   (g)  When   If  a person has violated
subdivision (f), a peace officer, if he or she is reasonably able to
do so, shall place the person, or cause him or her to be placed, in
civil protective custody. The person shall be taken to a facility,
designated pursuant to Section 5170 of the Welfare and Institutions
Code, for the 72-hour treatment and evaluation of inebriates. A peace
officer may place a person in civil protective custody with that
kind and degree of force  which   that 
would be lawful were he or she effecting an arrest for a misdemeanor
without a warrant. A person who has been placed in civil protective
custody shall not thereafter be subject to any criminal prosecution
or juvenile court proceeding based on the facts giving rise to this
placement. This subdivision  shall   does 
not apply to the following persons:
   (1)  Any   A  person who is under the
influence of any drug, or under the combined influence of
intoxicating liquor and any drug.
   (2)  Any   A  person who a peace officer
has probable cause to believe has committed any felony, or who has
committed any misdemeanor in addition to subdivision (f).
   (3)  Any   A    person who a
peace officer in good faith believes will attempt escape or will be
unreasonably difficult for medical personnel to control.
   (h) Who loiters, prowls, or wanders upon the private property of
another, at any time, without visible or lawful business with the
owner or occupant. As used in this subdivision, "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.
   (i) Who, while loitering, prowling, or wandering upon the private
property of another, at any time, peeks in the door or window of any
inhabited building or structure, without visible or lawful business
with the owner or occupant.
   (j) (1)  Any   A    person who
looks through a hole or opening, into, or otherwise views, by means
of any instrumentality, including, but not limited to, a periscope,
telescope, binoculars, camera, motion picture camera, camcorder, or
mobile phone, the interior of a bedroom, bathroom, changing room,
fitting room, dressing room, or tanning booth, or the interior of any
other area in which the occupant has a reasonable expectation of
privacy, with the intent to invade the privacy of a person or persons
inside. This subdivision  shall   does 
not apply to those areas of a private business used to count currency
or other negotiable instruments.
   (2)  Any   A  person who uses a
concealed camcorder, motion picture camera, or photographic camera of
any type, to secretly videotape, film, photograph, or record by
electronic means, another, identifiable person under or through the
clothing being worn by that other person, for the purpose of viewing
the body of, or the undergarments worn by, that other person, without
the consent or knowledge of that other person, with the intent to
arouse, appeal to, or gratify the lust, passions, or sexual desires
of that person and invade the privacy of that other person, under
circumstances in which the other person has a reasonable expectation
of privacy.
   (3) (A)  Any   A  person who uses a
concealed camcorder, motion picture camera, or photographic camera of
any type, to secretly videotape, film, photograph, or record by
electronic means, another, identifiable person who may be in a state
of full or partial undress, for the purpose of viewing the body of,
or the undergarments worn by, that other person, without the consent
or knowledge of that other person, in the interior of a bedroom,
bathroom, changing room, fitting room, dressing room, or tanning
booth, or the interior of any other area in which that other person
has a reasonable expectation of privacy, with the intent to invade
the privacy of that other person.
   (B) Neither of the following is a defense to the crime specified
in this paragraph:
   (i) The defendant was a cohabitant, landlord, tenant, cotenant,
employer, employee, or business partner or associate of the victim,
or an agent of any of these.
   (ii) The victim was not in a state of full or partial undress.
   (4) (A)  Any   A  person who
intentionally distributes the image of the intimate body part or
parts of another identifiable person, or an image of the person
depicted engaged in an act of sexual intercourse, sodomy, oral
copulation, sexual penetration, or an image of masturbation by the
person depicted or in which the person depicted participates, under
circumstances in which the persons agree or understand that the image
shall remain private, the person distributing the image knows or
should know that distribution of the image will cause serious
emotional distress, and the person depicted suffers that distress.
   (B) A person intentionally distributes an image described in
subparagraph (A) when he or she personally distributes the image, or
arranges, specifically requests, or intentionally causes another
person to distribute that image.
   (C) As used in this paragraph, "intimate body part" means any
portion of the genitals, the anus and in the case of a female, also
includes any portion of the breasts below the top of the areola, that
is either uncovered or clearly visible through clothing.
   (D) It shall not be a violation of this paragraph to distribute an
image described in subparagraph (A) if any of the following applies:

   (i) The distribution is made in the course of reporting an
unlawful activity.
   (ii) The distribution is made in compliance with a subpoena or
other court order for use in a legal proceeding.
   (iii) The distribution is made in the course of a lawful public
proceeding.
   (5) This subdivision  shall   does  not
preclude punishment under any section of law providing for greater
punishment. 
   (k) In any accusatory pleading charging a violation of subdivision
(b), if the defendant has been once previously convicted of a
violation of that subdivision, the previous conviction shall be
charged in the accusatory pleading. If the previous conviction is
found to be true by the jury, upon a jury trial, or by the court,
upon a court trial, or is admitted by the defendant, the defendant
shall be imprisoned in a county jail for a period of not less than 45
days and shall not be eligible for release upon completion of
sentence, on probation, on parole, on work furlough or work release,
or on any other basis until he or she has served a period of not less
than 45 days in a county jail. In all cases in which probation is
granted, the court shall require as a condition thereof that the
person be confined in a county jail for at least 45 days. In no event
does the court have the power to absolve a person who violates this
subdivision from the obligation of spending at least 45 days in
confinement in a county jail.  
   In any accusatory pleading charging a violation of subdivision
(b), if the defendant has been previously convicted two or more times
of a violation of that subdivision, each of these previous
convictions shall be charged in the accusatory pleading. If two or
more of these previous convictions are found to be true by the jury,
upon a jury trial, or by the court, upon a court trial, or are
admitted by the defendant, the defendant shall be imprisoned in a
county jail for a period of not less than 90 days and shall not be
eligible for release upon completion of sentence, on probation, on
parole, on work furlough or work release, or on any other basis until
he or she has served a period of not less than 90 days in a county
jail. In all cases in which probation is granted, the court shall
require as a condition thereof that the person be confined in a
county jail for at least 90 days. In no event does the court have the
power to absolve a person who violates this subdivision from the
obligation of spending at least 90 days in confinement in a county
jail.  
   In addition to any punishment prescribed by this section, a court
may suspend, for not more than 30 days, the privilege of the person
to operate a motor vehicle pursuant to Section 13201.5 of the Vehicle
Code for any violation of subdivision (b) that was committed within
1,000 feet of a private residence and with the use of a vehicle. In
lieu of the suspension, the court may order a person's privilege to
operate a motor vehicle restricted, for not more than six months, to
necessary travel to and from the person's place of employment or
education. If driving a motor vehicle is necessary to perform the
duties of the person's employment, the court may also allow the
person to drive in that person's scope of employment. 

   (l) 
    (k)  (1) A second or subsequent violation of subdivision
(j) is punishable by imprisonment in a county jail not exceeding one
year, or by a fine not exceeding two thousand dollars ($2,000), or
by both that fine and imprisonment.
   (2) If the victim of a violation of subdivision (j) was a minor at
the time of the offense, the violation is punishable by imprisonment
in a county jail not exceeding one year, or by a fine not exceeding
two thousand dollars ($2,000), or by both that fine and imprisonment.

   (m) 
    (l)  (1) If a crime is committed in violation of
subdivision (b) and the person who was solicited was a minor at the
time of the offense, and if the defendant knew or should have known
that the person who was solicited was a minor at the time of the
offense, the violation is punishable by imprisonment in a county jail
for not less than two days and not more than one year, or by a fine
not exceeding ten thousand dollars ($10,000), or by both that fine
and imprisonment.
   (2) The court may, in unusual cases, when the interests of justice
are best served, reduce or eliminate the mandatory two days of
imprisonment in a county jail required by this subdivision. If the
court reduces or eliminates the mandatory two days' imprisonment, the
court shall specify the reason on the record.
  SEC. 2.  Section 13201.5 of the Vehicle Code is repealed. 
   13201.5.  (a) A court may suspend, for not more than 30 days, the
privilege of any person to operate a motor vehicle upon conviction of
subdivision (b) of Section 647 of the Penal Code where the violation
was committed within 1,000 feet of a private residence and with the
use of a vehicle.
   (b) A court may suspend, for not more than 30 days, the privilege
of any person to operate a motor vehicle upon conviction of
subdivision (a) of Section 647 of the Penal Code, where a peace
officer witnesses the violator pick up a person who is engaging in
loitering with the intent to commit prostitution, as described in
Section 653.22 of the Penal Code, and the violator subsequently
engages with that person in a lewd act within 1,000 feet of a private
residence and with the use of a vehicle.
   (c) Instead of ordering the suspension under subdivision (a) or
(b), a court may order a person's privilege to operate a motor
vehicle restricted for not more than six months to necessary travel
to and from the person's place of employment or education. If driving
a motor vehicle is necessary to perform the duties of the person's
employment, the court may also allow the person to drive in that
person's scope of employment.