Amended in Assembly March 29, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1771

Introduced by Assembly Member O'Donnell

February 3, 2016

An act to amend Sections begin delete 653.23 and 653.26 of end delete begin insert 653.22 and 653.23 of, and repeal Section 653.26 of, end insert the Penal Code, relating to prostitution.

LEGISLATIVE COUNSEL’S DIGEST

AB 1771, as amended, 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 begin delete 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. end delete begin insert prostitution. end insert

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. begin insert The bill would make additional conforming changes. end insert

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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 653.22 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

653.22.  

(a) It is unlawful for any person to loiter in any public
place with the intent to commit prostitution. This intent is
evidenced by acting in a manner and under circumstances which
openly demonstrate the purpose of inducing, enticing, or soliciting
prostitution, or procuring another to commit prostitution.

(b) Among the circumstances that may be considered in
determining whether a person loiters with the intent to commit
prostitution are that the person:

(1) Repeatedly beckons to, stops, engages in conversations with,
or attempts to stop or engage in conversations with passersby,
indicative of soliciting for prostitution.

(2) Repeatedly stops or attempts to stop motor vehicles by
hailing the drivers, waving arms, or making any other bodily
gestures, or engages or attempts to engage the drivers or passengers
of the motor vehicles in conversation, indicative of soliciting for
prostitution.

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

(4) Circles an area in a motor vehicle and repeatedly beckons
to, contacts, or attempts to contact or stop pedestrians or other
motorists, indicative of soliciting for prostitution.

(5) Has engaged, within six months prior to the arrest under this
section, in any behavior described in this subdivision, with the
exception of paragraph (3), 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 in determining whether a person has the
requisite intent. Moreover, no one circumstance or combination
of circumstances is in itself determinative of intent. Intent must
be determined based on an evaluation of the particular
circumstances of each case.

begin insert

(d) A violation of this section is a misdemeanor.

end insert

begin delete SECTION 1. end delete

begin insert SEC. 2. end insert   

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 subdivision (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, 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
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.

begin delete

(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.

end delete

(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) This section does not preclude the prosecution of a suspect
for a violation of Section 236.1, 266h, or 266i, or for any other
offense, or for a violation of this section in conjunction with a
violation of Section 236.1, 266h, or 266i, or any other offense.

begin insert

(e) A violation of this section is a 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.

end insert

begin delete

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 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.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 653.26 of the end insert begin insert Penal Code end insert begin insert is repealed. end insert

begin delete

653.26.  

A violation of any provision of this chapter is a
misdemeanor.

end delete

begin delete SEC. 3. end delete

begin insert SEC. 4. end 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.