Senate BillNo. 838


Introduced by Senator Beall

January 6, 2014


An act to amend Section 647 of the Penal Code, relating to disorderly conduct.

LEGISLATIVE COUNSEL’S DIGEST

SB 838, as introduced, Beall. Disorderly conduct.

Existing law provides that a person is guilty of disorderly conduct, a misdemeanor, based on various acts, including when a person solicits or agrees to engage in or engages in any act of prostitution, as specified.

This bill would make technical, nonsubstantive changes to that provision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P1    1

SECTION 1.  

Section 647 of the Penal Code is amended to
2read:

3

647.  

Except as provided in subdivision (l),begin delete everyend deletebegin insert aend insert person who
4commits any of the following acts is guilty of disorderly conduct,
5a misdemeanor:

6(a) Who solicits anyone to engage in or who engages in lewd
7or dissolute conduct inbegin delete anyend deletebegin insert aend insert public place or inbegin delete anyend deletebegin insert aend insert place open
8to the public or exposed to public view.

9(b) Who solicits or who agrees to engage in or who engages in
10begin delete anyend deletebegin insert anend insert act of prostitution. A person agrees to engage in an act of
11prostitution when, with specific intent to so engage, he or she
12manifests an acceptance of an offer or solicitation to so engage,
P2    1regardless of whether the offer or solicitation was made by a person
2who also possessed the specific intent to engage in prostitution.
3begin delete Noend deletebegin insert Anend insert agreement to engage in an act of prostitution shallbegin insert notend insert
4 constitute a violation of this subdivision unless some act, in
5addition to the agreement, is done within this state in furtherance
6of the commission of an act of prostitution by the person agreeing
7to engage in that act. As used in this subdivision, “prostitution”
8includes any lewd act between persons for money or other
9consideration.

10(c) Who accosts other persons inbegin delete anyend deletebegin insert aend insert public place or in any
11place open to the public for the purpose of begging or soliciting
12alms.

13(d) Who loiters in or aboutbegin delete anyend deletebegin insert aend insert toilet open to the public for
14the purpose of engaging in or solicitingbegin delete anyend deletebegin insert aend insert lewdbegin delete orend deletebegin insert,end insert lasciviousbegin insert,end insert
15 orbegin delete anyend delete unlawful act.

16(e) Who lodges inbegin delete anyend deletebegin insert aend insert building, structure, vehicle, or place,
17whether public or private, without the permission of the owner or
18person entitled to the possession or in control of it.

19(f) Who is found inbegin delete anyend deletebegin insert aend insert public place under the influence of
20intoxicating liquor, any drug, controlled substance, toluene, or any
21combination of any intoxicating liquor, drug, controlled substance,
22or toluene, in a condition that he or she is unable to exercise care
23for his or her own safety or the safety of others, or by reason of
24his or her being under the influence of intoxicating liquor, any
25drug, controlled substance, toluene, or any combination of any
26intoxicating liquor, drug, or toluene, interferes with or obstructs
27or prevents the free use of any street, sidewalk, or other public
28way.

29(g) When a person has violated subdivision (f), a peace officer,
30if he or she is reasonably able to do so, shall place the person, or
31cause him or her to be placed, in civil protective custody. The
32person shall be taken to a facility, designated pursuant to Section
335170 of the Welfare and Institutions Code, for the 72-hour
34treatment and evaluation of inebriates. A peace officer may place
35a person in civil protective custody with that kind and degree of
36forcebegin delete whichend deletebegin insert thatend insert would be lawful were he or she effecting an arrest
37for a misdemeanor without a warrant. A person who has been
38placed in civil protective custody shall not thereafter be subject to
39any criminal prosecution or juvenile court proceeding based on
P3    1the facts giving rise to this placement. This subdivision shall not
2apply to the following persons:

3(1) begin deleteAny end deletebegin insertA end insertperson who is under the influence of any drug, or
4under the combined influence of intoxicating liquor and any drug.

5(2) begin deleteAny end deletebegin insertA end insertperson who a peace officer has probable cause to
6believe has committedbegin delete anyend deletebegin insert aend insert felony, or who has committed any
7misdemeanor in addition to subdivision (f).

8(3) begin deleteAny end deletebegin insertA end insertperson who a peace officer in good faith believes
9will attempt escape or will be unreasonably difficult for medical
10personnel to control.

11(h) Who loiters, prowls, or wanders upon the private property
12of another, at any time, without visible or lawful business with the
13owner or occupant. As used in this subdivision, “loiter” means to
14delay or linger without a lawful purpose for being on the property
15and for the purpose of committing a crime as opportunity may be
16discovered.

17(i) Who, while loitering, prowling, or wandering upon the private
18property of another, at any time, peeks in the door or window of
19any inhabited building or structure, without visible or lawful
20business with the owner or occupant.

21(j) (1) begin deleteAny end deletebegin insertA end insertperson who looks through a hole or opening, into,
22or otherwise views, by means ofbegin delete anyend deletebegin insert aend insert instrumentality, including,
23but not limited to, a periscope, telescope, binoculars, camera,
24motion picture camera, camcorder, or mobile phone, the interior
25of a bedroom, bathroom, changing room, fitting room, dressing
26room, or tanning booth, or the interior of any other area in which
27the occupant has a reasonable expectation of privacy, with the
28intent to invade the privacy of a person or persons inside. This
29subdivision shall not apply to those areas of a private business
30used to count currency or other negotiable instruments.

31(2) begin deleteAny end deletebegin insertA end insertperson who uses a concealed camcorder, motion
32picture camera, or photographic camera of any type, to secretly
33videotape, film, photograph, or record by electronic means, another,
34identifiable person under or through the clothing being worn by
35that other person, for the purpose of viewing the body of, or the
36undergarments worn by, that other person, without the consent or
37knowledge of that other person, with the intent to arouse, appeal
38to, or gratify the lust, passions, or sexual desires of that person and
39invade the privacy of that other person, under circumstances in
40which the other person has a reasonable expectation of privacy.

P4    1(3) (A) begin deleteAny end deletebegin insertA end insertperson who uses a concealed camcorder, motion
2picture camera, or photographic camera of any type, to secretly
3videotape, film, photograph, or record by electronic means, another,
4identifiable person who may be in a state of full or partial undress,
5for the purpose of viewing the body of, or the undergarments worn
6by, that other person, without the consent or knowledge of that
7other person, in the interior of a bedroom, bathroom, changing
8room, fitting room, dressing room, or tanning booth, or the interior
9of any other area in which that other person has a reasonable
10expectation of privacy, with the intent to invade the privacy of that
11other person.

12(B) Neither of the following is a defense to the crime specified
13in this paragraph:

14(i) The defendant was a cohabitant, landlord, tenant, cotenant,
15employer, employee, or business partner or associate of the victim,
16or an agent of any of these.

17(ii) The victim was not in a state of full or partial undress.

18(4) (A) begin deleteAny end deletebegin insertA end insertperson who photographs or records by any means
19the image of the intimate body part or parts of another identifiable
20person, under circumstances where the parties agree or understand
21that the image shall remain private, and the person subsequently
22distributes the image taken, with the intent to cause serious
23emotional distress, and the depicted person suffers serious
24emotional distress.

25(B) As used in this paragraph, intimate body part means any
26portion of the genitals, and in the case of a female, also includes
27any portion of the breasts below the top of the areola, that is either
28uncovered or visible through less than fully opaque clothing.

29(C) Nothing in this subdivision precludes punishment under
30any section of law providing for greater punishment.

31(k) begin insert(1)end insertbegin insertend insert In any accusatory pleading charging a violation of
32subdivision (b), if the defendant has been once previously convicted
33of a violation of that subdivision, the previous conviction shall be
34charged in the accusatory pleading. If the previous conviction is
35found to be true by the jury, upon a jury trial, or by the court, upon
36a court trial, or is admitted by the defendant, the defendant shall
37be imprisoned in a county jail for a period of not less than 45 days
38and shall not be eligible for release upon completion of sentence,
39on probation, on parole, on work furlough or work release, or on
40any other basis until he or she has served a period of not less than
P5    145 days in a county jail. In all cases in which probation is granted,
2the court shall require as a condition thereof that the person be
3confined in a county jail for at least 45 days. In no event does the
4court have the power to absolve a person who violates this
5subdivision from the obligation of spending at least 45 days in
6confinement in a county jail.

begin delete

7In

end delete

8begin insert(2)end insertbegin insertend insertbegin insertInend insert any accusatory pleading charging a violation of
9subdivision (b), if the defendant has been previously convicted
10two or more times of a violation of that subdivision, each of these
11previous convictions shall be charged in the accusatory pleading.
12If two or more of these previous convictions are found to be true
13by the jury, upon a jury trial, or by the court, upon a court trial, or
14are admitted by the defendant, the defendant shall be imprisoned
15in a county jail for a period of not less than 90 days and shall not
16be eligible for release upon completion of sentence, on probation,
17on parole, on work furlough or work release, or on any other basis
18until he or she has served a period of not less than 90 days in a
19county jail. In all cases in which probation is granted, the court
20shall require as a condition thereof that the person be confined in
21a county jail for at least 90 days. In no event does the court have
22the power to absolve a person who violates this subdivision from
23the obligation of spending at least 90 days in confinement in a
24county jail.

begin delete

25In

end delete

26begin insert(3)end insertbegin insertend insertbegin insertInend insert addition to any punishment prescribed by this section, a
27court may suspend, for not more than 30 days, the privilege of the
28person to operate a motor vehicle pursuant to Section 13201.5 of
29the Vehicle Code for any violation of subdivision (b) that was
30committed within 1,000 feet of a private residence and with the
31use of a vehicle. In lieu of the suspension, the court may order a
32person’s privilege to operate a motor vehicle restricted, for not
33more than six months, to necessary travel to and from the person’s
34place of employment or education. If driving a motor vehicle is
35necessary to perform the duties of the person’s employment, the
36court may also allow the person to drive in that person’s scope of
37employment.

38(l) (1) A second or subsequent violation of subdivision (j) is
39punishable by imprisonment in a county jail not exceeding one
P6    1year, or by a fine not exceeding two thousand dollars ($2,000), or
2by both that fine and imprisonment.

3(2) If the victim of a violation of subdivision (j) was a minor at
4the time of the offense, the violation is punishable by imprisonment
5in a county jail not exceeding one year, or by a fine not exceeding
6two thousand dollars ($2,000), or by both that fine and
7imprisonment.



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