Bill Text: CA SB233 | 2019-2020 | Regular Session | Introduced

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

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Bill Title: Immunity from arrest.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2019-07-30 - Chaptered by Secretary of State. Chapter 141, Statutes of 2019. [SB233 Detail]

Download: California-2019-SB233-Introduced.html

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CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 233

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Introduced by Senator Wiener
(Principal coauthor: Assembly Member Quirk)
(Coauthor: Assembly Member Friedman)

February 07, 2019

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An act to add Section 647.3 to the Penal Code, relating to crime.

LEGISLATIVE COUNSEL'S DIGEST

SB 233, as introduced, Wiener. Immunity from arrest.

Existing law criminalizes various aspects of sex work, including soliciting anyone to engage in, or engaging in, lewd or dissolute conduct in a public place, loitering in a public place with the intent to commit prostitution, or maintaining a public nuisance. Existing law, the California Uniform Controlled Substances Act (CUCSA), also criminalizes various offenses relating to the possession, transportation, and sale of specified controlled substances.

This bill would prohibit the arrest of a person for a misdemeanor violation of the CUCSA or other specified sex work crimes, if that person is reporting a crime of sexual assault, human trafficking, stalking, robbery, assault, kidnapping, threats, blackmail, extortion, burglary, or another violent crime. The bill would also state that possession of condoms in any amount, in and of itself, is not probable cause for arrest for specified sex work crimes.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 647.3 is added to the Penal Code, to read:

647.3.

 (a) A person who is reporting a crime of sexual assault, human trafficking, stalking, robbery, assault, kidnapping, threats, blackmail, extortion, burglary, or another violent crime shall not be arrested for a crime, including a misdemeanor violation of the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code) or a violation of subdivision (a) or (b) of Section 647 or of Section 372 or 653.22.

(b) Possession of condoms in any amount shall not, in and of itself, be probable cause for arrest for a crime, including a violation of subdivision (a) or (b) of Section 647 or of Section 372 or 653.22.