Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1491

Introduced by Assembly Member O'Donnell

February 27, 2015

An act begin delete relating to career technical education. end delete begin insert to amend Section 653.23 of the Penal Code, relating to prostitution. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1491, as amended, O'Donnell. begin delete Career technical education. end delete begin insert Prostitution. end insert

begin insert

Existing law provides that a person who directs, supervises, recruits, or otherwise aids another person in the commission of an act of prostitution, or who collects or receives all or part of the proceeds earned from an act of prostitution committed by another person, is guilty of 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 specifies certain circumstances that may be used to determine if a person has committed the offense, including repeatedly speaking or communicating with another person, or repeatedly or continuously monitoring or watching another person, who is loitering in a public place with the intent to commit prostitution.

end insert begin insert

This bill would provide additional circumstances that may be used to determine if a person has committed that offense also include, but are not limited to, repeatedly speaking or communicating with, or repeatedly or continuously monitoring or watching, another person who solicits or agrees to engage in any act of prostitution. The bill would also provide that a person who commits that offense in association with, for the benefit of, or at the direction of, a criminal street gang, is guilty of a misdemeanor or a felony, punishable by imprisonment in a county jail not to exceed one year, or by imprisonment in a state prison for one, 2, or 3 years, as specified. By changing the definition of, and punishment for, an existing crime, this bill would impose a state-mandated local program.

end insert begin insert

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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert begin delete

Existing law establishes various career technical education programs, including, but not limited to, regional occupational centers or programs, linked learning, partnership academies, and career pathways programs.

end delete begin delete

This bill would state the intent of the Legislature to enact legislation relating to career technical education.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 653.23 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

653.23.  

(a) It is unlawful for any 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
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) Among the circumstances that may be considered in
determining whether a person is in violation of subdivision (a) are
that the person does the following:

(1) Repeatedly speaks or communicates with another person
who is acting in violation of begin insert subdivision (b) of Section 647 or end insert
subdivision (a) of Section 653.22.

(2) Repeatedly or continuously monitors or watches another
person who is acting in violation of begin insert subdivision (b) of Section 647
or end insert subdivision (a) of Section 653.22.

(3) Repeatedly engages or attempts to engage in conversation
with pedestrians or motorists to solicit, arrange, or facilitate an act
of prostitution between the pedestrians or motorists and another
person who is acting in violation of subdivision (a) of Section
653.22.

(4) Repeatedly stops or attempts to stop pedestrians or motorists
to solicit, arrange, or facilitate an act of prostitution between
pedestrians or motorists and another person who is acting in
violation of subdivision (a) of Section 653.22.

(5) Circles an area in a motor vehicle and repeatedly beckons
to, contacts, or attempts to contact or stop pedestrians or other
motorists to solicit, arrange, or facilitate an act of prostitution
between the pedestrians or motorists and another person who is
acting in violation of subdivision (a) of Section 653.22.

(6) Receives or appears to receive money from another person
who is acting in violation of begin insert subdivision (b) of Section 647 or end insert
subdivision (a) of Section 653.22.

(7) Engages in any of the behavior described in paragraphs (1)
to (6), inclusive, in regard to or on behalf of two or more persons
who are in violation of subdivision (a) of Section 653.22.

(8) Has been convicted of violating this section, subdivision (a)
or (b) of Section 647, subdivision (a) of Section 653.22, Section
266h, or 266i, or any other offense relating to or involving
prostitution within five years of the arrest under this section.

(9) Has engaged, within six months prior to the arrest under
subdivision (a), in any behavior described in this subdivision, with
the exception of paragraph (8), or in any other behavior indicative
of prostitution activity.

(c) The list of circumstances set forth in subdivision (b) is not
exclusive. The circumstances set forth in subdivision (b) should
be considered particularly salient if they occur in an area that is
known for prostitution activity. Any other relevant circumstances
may be considered. Moreover, no one circumstance or combination
of circumstances is in itself determinative. A violation of
subdivision (a) shall be determined based on an evaluation of the
particular circumstances of each case.

(d) 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.

begin insert

(e) A violation of subdivision (a) committed for the benefit of,
at the direction of, or in association with, a criminal street gang,
as defined in subdivision (f) of Section 186.22, with the specific
intent to promote, further, or assist in any criminal conduct by
gang members, is a misdemeanor or a felony, and is punishable
pursuant to subdivision (d) of Section 186.22.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to enact
legislation relating to career technical education.

end delete