BILL NUMBER: AB 1771	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member O'Donnell

                        FEBRUARY 3, 2016

   An act to amend Sections 653.23 and 653.26 of the Penal Code,
relating to prostitution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1771, as introduced, O'Donnell. Prostitution.
   Existing law makes 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,
guilty of a misdemeanor that is punishable by imprisonment in a
county jail for no more than 6 months, by a fine not exceeding
$1,000, or by both that imprisonment and fine. Existing law specifies
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.
   This bill would establish additional circumstances that may be
used to determine if a person has committed that offense, including,
but 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, or being
convicted of a specified criminal offense within 5 years of the
arrest and being an active participant in a criminal street gang, as
defined.
   The bill would also increase the punishment for 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, to a misdemeanor punishable by
imprisonment in a county jail for no more than one year, by a fine
not exceeding $1,000, or by both that imprisonment and fine.
   By increasing the term in a county jail from no more than 6 months
to no more than one year, this bill would impose a state-mandated
local program.
   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.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 653.23 of the Penal Code is amended to read:
   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  subdivision (b) of Section 647 or 
subdivision (a) of Section 653.22.
   (2) Repeatedly or continuously monitors or watches another person
who is acting in violation of  subdivis   ion (b) of
Section 647 or  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  subdivision (b) of Section 647 or
 subdivision (a) of Section 653.22.
   (7) Engages in any of the behavior described in paragraphs (1) to
(6), inclusive, in regard  to   to,  or on
behalf  of   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
 236.1,  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. 
   (10) Has been convicted of a criminal offense described in
subdivision (e) of Section 186.22 under the California Street
Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with
Section 186.20) of Title 7 of Part 1) within five years of the
arrest under subdivision (a), and is an active participant in a
criminal street gang as defined in subdivision (f) of Section 186.22.

   (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   This   
section  shall   does not  preclude the
prosecution of a suspect for a violation of Section  266h or
266i   236.1, 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   236.1,
266h, or 266i,  or any other offense.
  SEC. 2.  Section 653.26 of the Penal Code is amended to read:
   653.26.  A violation of any provision of this chapter is a
 misdemeanor.   misdemeanor punishable by
imprisonment in a county jail not to exceed one year, by a fine not
to exceed one thousand dollars ($1,000), or by both that imprisonment
and fine. 
  SEC. 3.  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.