Bill Text: CA SB776 | 2015-2016 | Regular Session | Amended
Bill Title: Disorderly conduct: prostitution.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2016-11-30 - From Assembly without further action. [SB776 Detail]
Download: California-2015-SB776-Amended.html
BILL NUMBER: SB 776 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 19, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Block
FEBRUARY 27, 2015
An act to amend Section 647 of the Penal Code, relating to
disorderly conduct.
LEGISLATIVE COUNSEL'S DIGEST
SB 776, as amended, Block. Disorderly conduct: prostitution.
Existing law provides that a person who solicits or agrees to
engage in or engages in any act of prostitution is guilty of
disorderly conduct, a misdemeanor, punishable by imprisonment in the
county jail for no more than 6 months, by a fine not exceeding
$1,000, or by both that fine and imprisonment. Existing law also
provides for increased minimum terms of imprisonment for a violation
of that provision when a person has previously been convicted of
soliciting or agreeing to engage in or engaging in any act of
prostitution. Existing law defines prostitution to include any
lewd act between persons for money or other consideration.
This bill would require authorize
the court to impose an additional a
fine of not less than $700 $500, and
not more than $2,000 , except as specified, on a
defendant if the defendant provided or offered to provide,
or manifested an acceptance of an offer or solicitation for the
defendant to provide, compensation, money, or anything of value, in
exchange for an act of prostitution if the prostitute is 18 years of
age or older. agreed to provide, provided, or
solicited another to accept money or other consideration for any lewd
act. The bill would require that an unspecified
percentage 75% of the moneys collected from that
fine be retained by the county and used to fund shelter, counseling,
and other direct services and exit programs for victims of
commercial sexual exploitation and sexual abuse.
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)
this section , an individual who commits any of the
following acts is guilty of disorderly conduct, a misdemeanor:
(a) An individual who solicits another 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) (1) 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 agreement to engage in an act of prostitution shall
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.
(2) Except as otherwise provided in this section, any person who
violates this subdivision by agreeing to provide, providing, or
soliciting another to accept money or other consideration for any
lewd act, is subject to punishment by imprisonment in a county jail
for up to six months, a fine, or both that fine and imprisonment.
Except as otherwise provided in this section, a fine imposed pursuant
to this section shall be at least five hundred dollars ($500), but
shall not exceed two thousand dollars ($2,000), and shall be imposed
subject to the defendant's ability to pay. If the defendant is unable
to pay the minimum fine of five hundred dollars ($500), the court
shall impose a fine that the defendant is able to pay, as determined
by the court.
(3) Seventy-five percent of the moneys collected pursuant to
paragraph (2) shall be retained by the county and used to fund
shelter, counseling, and other direct services and exit programs for
victims of commercial sexual exploitation and sexual abuse. Moneys
collected pursuant to paragraph (2) shall be deposited in a fund
designated by the board of supervisors of the county.
(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) 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 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 not apply to the following persons:
(1) Any person who is under the influence of any drug, or under
the combined influence of intoxicating liquor and any drug.
(2) Any 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 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 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 not apply to those areas of a private business used to count
currency or other negotiable instruments.
(2) Any 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 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 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 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) (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) (1) If a crime is committed in violation of paragraph (1)
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.
(n) (1) Notwithstanding any other law, in addition to any other
fine or penalty imposed, the court shall order a defendant who is
convicted of a violation of subdivision (b) to pay a fine of not less
than seven hundred dollars ($700) and not more than two thousand
dollars ($2,000) if the defendant provided or offered to provide, or
manifested an acceptance of an offer or solicitation for the
defendant to provide, compensation, money, or anything of value, in
exchange for an act of prostitution if the prostitute is 18 years of
age or older.
(2) ____ percent of the moneys collected pursuant to this
subdivision shall be retained by the county and used to fund shelter,
counseling, and other direct services and exit programs for victims
of commercial sexual exploitation and sexual abuse. Moneys collected
pursuant to this subdivision shall be deposited in a fund designated
by the board of supervisors of the county.
