Amended in Senate August 19, 2016

Amended in Senate August 16, 2016

Amended in Senate August 2, 2016

Amended in Assembly May 19, 2016

Amended in Assembly March 29, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1771


Introduced by Assemblybegin delete Memberend deletebegin insert Membersend insert O'Donnellbegin insert and Gonzalezend insert

February 3, 2016


An act tobegin delete amend Section 653.23 of the Penal Code, and to amend Section 602 of the Welfare and Institutions Code, relating to prostitution.end deletebegin insert add Article 7.5 (commencing with Section 48317) to Chapter 2 of Part 27 of Division 4 of Title 2 of the Education Code, relating to school attendance.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1771, as amended, O'Donnell. begin deleteProstitution. end deletebegin insertSchool attendance: school districts of choice: continued enrollment.end insert

begin insert

Existing law, until July 1, 2017, authorizes the governing board of a school district to accept pupils from other school districts by adopting a resolution to become a school district of choice, as defined.

end insert
begin insert

This bill, commencing with July 1, 2017, would authorize a pupil attending a school in a school district of choice on or before July 1, 2017, to continue to attend that school if the school district of choice authorizes the pupil to do so.

end insert
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(1) 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.

end delete
begin delete

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.

end delete
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(2) Under existing law, a person who is under 18 years of age when he or she violates the law may be adjudged a ward of the court.

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begin delete

This bill would authorize a court to dismiss the petition against the juvenile upon a finding that he or she committed certain acts of prostitution due to coercion or duress, as defined.

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertArticle 7.5 (commencing with Section 48317) is
2added to Chapter 2 of Part 27 of Division 4 of Title 2 of the end insert
begin insert3
Education Code
end insert
begin insert, to read:end insert

begin insert

4 

5Article begin insert7.5.end insert  School District of Choice Continued Enrollment
6

 

7

begin insert48317.end insert  

Notwithstanding any other law, a pupil attending a
8school in a school district of choice on or before July 1, 2017,
9pursuant to Article 7 (commencing with Section 48300), as that
10article read on December 31, 2016, may continue to attend that
11school if the school district of choice authorizes the pupil to do
12so.

13

begin insert48318.end insert  

This article shall become operative on July 1, 2017.

end insert
begin delete
P3    1

SECTION 1.  

Section 653.23 of the Penal Code is amended to
2read:

3

653.23.  

(a) It is unlawful for any person to do either of the
4following:

5(1) Direct, supervise, recruit, or otherwise aid another person
6in the commission of a violation of subdivision (b) of Section 647
7or subdivision (a) of Section 653.22.

8(2) Collect or receive all or part of the proceeds earned from an
9act or acts of prostitution committed by another person in violation
10of subdivision (b) of Section 647.

11(b) Among the circumstances that may be considered in
12determining whether a person is in violation of subdivision (a) are
13that the person does the following:

14(1) Repeatedly speaks or communicates with another person
15who is acting in violation of subdivision (b) of Section 647 or
16subdivision (a) of Section 653.22.

17(2) Repeatedly or continuously monitors or watches another
18person who is acting in violation of subdivision (b) of Section 647
19or subdivision (a) of Section 653.22.

20(3) Repeatedly engages or attempts to engage in conversation
21with pedestrians or motorists to solicit, arrange, or facilitate an act
22of prostitution between the pedestrians or motorists and another
23person who is acting in violation of subdivision (a) of Section
24653.22.

25(4) Repeatedly stops or attempts to stop pedestrians or motorists
26to solicit, arrange, or facilitate an act of prostitution between
27pedestrians or motorists and another person who is acting in
28violation of subdivision (a) of Section 653.22.

29(5) Circles an area in a motor vehicle and repeatedly beckons
30to, contacts, or attempts to contact or stop pedestrians or other
31motorists to solicit, arrange, or facilitate an act of prostitution
32between the pedestrians or motorists and another person who is
33acting in violation of subdivision (a) of Section 653.22.

34(6) Receives or appears to receive money from another person
35who is acting in violation of subdivision (b) of Section 647 or
36subdivision (a) of Section 653.22.

37(7) Engages in any of the behavior described in paragraphs (1)
38to (6), inclusive, in regard to, or on behalf of, two or more persons
39who are in violation of subdivision (a) of Section 653.22.

P4    1(8) Has been convicted of violating this section, subdivision (a)
2or (b) of Section 647, subdivision (a) of Section 653.22, Section
3236.1, 266h, or 266i, or any other offense relating to or involving
4prostitution within five years of the arrest under this section.

5(9) Has engaged, within six months prior to the arrest under
6subdivision (a), in any behavior described in this subdivision, with
7the exception of paragraph (8), or in any other behavior indicative
8of prostitution activity.

9(c) The list of circumstances set forth in subdivision (b) is not
10exclusive. The circumstances set forth in subdivision (b) should
11be considered particularly salient if they occur in an area that is
12known for prostitution activity. Any other relevant circumstances
13may be considered. Moreover, no one circumstance or combination
14of circumstances is in itself determinative. A violation of
15subdivision (a) shall be determined based on an evaluation of the
16particular circumstances of each case.

17(d) This section does not preclude the prosecution of a suspect
18for a violation of Section 236.1, 266h, or 266i, or for any other
19offense, or for a violation of this section in conjunction with a
20violation of Section 236.1, 266h, or 266i, or any other offense.

21

SEC. 2.  

Section 602 of the Welfare and Institutions Code is
22amended to read:

23

602.  

(a) Except as provided in subdivision (b), a person who
24is under 18 years of age when he or she violates any law of this
25state or of the United States or any ordinance of any city or county
26of this state defining crime other than an ordinance establishing a
27curfew based solely on age, is within the jurisdiction of the juvenile
28court and may be adjudged a ward of the court.

29(b) Any person who is alleged, when he or she was 14 years of
30age or older, to have committed one of the following offenses shall
31be prosecuted under the general law in a court of criminal
32jurisdiction:

33(1) Murder, as described in Section 187 of the Penal Code, if
34one of the circumstances enumerated in subdivision (a) of Section
35190.2 of the Penal Code is alleged by the prosecutor, and the
36prosecutor alleges that the minor personally killed the victim.

37(2) The following sex offenses, if the prosecutor alleges that
38the minor personally committed the offense, and if the prosecutor
39alleges one of the circumstances enumerated in the One Strike
P5    1law, subdivision (d) or (e) of Section 667.61 of the Penal Code,
2applies:

3(A) Rape, as described in paragraph (2) of subdivision (a) of
4Section 261 of the Penal Code.

5(B) Spousal rape, as described in paragraph (1) of subdivision
6(a) of Section 262 of the Penal Code.

7(C) Forcible sex offenses in concert with another, as described
8in Section 264.1 of the Penal Code.

9(D) Forcible lewd and lascivious acts on a child under 14 years
10of age, as described in subdivision (b) of Section 288 of the Penal
11Code.

12(E) Forcible sexual penetration, as described in subdivision (a)
13of Section 289 of the Penal Code.

14(F) Sodomy or oral copulation in violation of Section 286 or
15288a of the Penal Code, by force, violence, duress, menace, or fear
16of immediate and unlawful bodily injury on the victim or another
17person.

18(G) Lewd and lascivious acts on a child under 14 years of age,
19as defined in subdivision (a) of Section 288, unless the defendant
20qualifies for probation under subdivision (d) of Section 1203.066
21of the Penal Code.

22(c) (1) Notwithstanding subdivision (a), the juvenile court may
23dismiss a petition upon a finding that the juvenile who is alleged
24to have violated Section 653.23 or subdivision (b) of Section 647
25of the Penal Code did so due to coercion or duress.

26(2) For purposes of this subdivision, the following definitions
27apply:

28(A) “Coercion” means a scheme, plan, or pattern intended to
29cause a person to believe that failure to perform the act would
30result in serious harm to, or physical restraint against, a person;
31 the abuse or threatened abuse of legal process; debt bondage; or
32providing and facilitating the possession of a controlled substance
33to a person with the intent to impair the person’s judgment.

34(B) “Duress” means a direct or implied threat of force, violence,
35danger, hardship, or retribution sufficient to cause a reasonable
36person to acquiesce in or perform an act that he or she would
37otherwise not have submitted to or performed; a direct or implied
38threat to destroy, conceal, remove, confiscate, or possess an actual
39or purported passport or immigration document of the victim; or
40knowingly destroying, concealing, removing, confiscating, or
P6    1possessing an actual or purported passport or immigration
2document of the victim.

3(C) “Serious harm” means any harm, whether physical or
4nonphysical, including, but not limited to, psychological, financial,
5 or reputational harm, that is sufficiently serious, under all
6surrounding circumstances, to compel a reasonable person of the
7same background and in the same circumstances to perform or to
8continue to perform labor, services, or commercial sexual acts in
9order to avoid incurring that harm.

end delete


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