BILL ANALYSIS �
AB 336
Page 1
ASSEMBLY THIRD READING
AB 336 (Ammiano)
As Amended May 8, 2013
Majority vote
PUBLIC SAFETY 4-2
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|Ayes:|Ammiano, Jones-Sawyer, | | |
| |Mitchell, Quirk | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Melendez, Waldron | | |
| | | | |
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SUMMARY : Specifies that possession of one or more condoms shall
not be used as evidence that a defendant was engaged in
prostitution or loitering with intent to commit prostitution.
EXISTING LAW :
1)Provides that every person who commits any of the following
acts is guilty of disorderly conduct, a misdemeanor:
a) Who solicits anyone to engage in or who engages in lewd
or dissolute conduct in any public place or in any place
open to the public or exposed to public view.
b) Who solicits or who agrees to engage in or who engages
in any act of prostitution. A person agrees to engage in
an act of prostitution when, with specific intent to so
engage, he or she manifests an acceptance of an offer or
solicitation to so engage, regardless of whether the offer
or solicitation was made by a person who also possessed the
specific intent to engage in prostitution. No agreement to
engage in an act of prostitution shall constitute a
violation of this subdivision unless some act, in addition
to the agreement, is done within this state in furtherance
of the commission of an act of prostitution by the person
agreeing to engage in that act. As used in this
subdivision, 'prostitution' includes any lewd act between
persons for money or other consideration.
c) Who loiters in or about any toilet open to the public
AB 336
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for the purpose of engaging in or soliciting any lewd or
lascivious or any unlawful act.
2)States that in any accusatory pleading charging a violation of
"prostitution" as specified in Penal Code Section 647(b), if
the defendant has been once previously convicted of a
violation of that subdivision, the previous conviction shall
be charged in the accusatory pleading. If the previous
conviction is found to be true by the jury, upon a jury trial,
or by the court, upon a court trial, or is admitted by the
defendant, the defendant shall be imprisoned in a county jail
for a period of not less than 45 days and shall not be
eligible for release upon completion of sentence, on
probation, on parole, on work furlough or work release, or on
any other basis until he or she has served a period of not
less than 45 days in a county jail. In all cases in which
probation is granted, the court shall require as a condition
thereof that the person be confined in a county jail for at
least 45 days. In no event does the court have the power to
absolve a person who violates this subdivision from the
obligation of spending at least 45 days in confinement in a
county jail.
3)Provides that in any accusatory pleading charging a violation
of "prostitution" as specified in Penal Code Section 647(b),
if the defendant has been previously convicted two or more
times of a violation of that subdivision, each of these
previous convictions shall be charged in the accusatory
pleading. If two or more of these previous convictions are
found to be true by the jury, upon a jury trial, or by the
court, upon a court trial, or are admitted by the defendant,
the defendant shall be imprisoned in a county jail for a
period of not less than 90 days and shall not be eligible for
release upon completion of sentence, on probation, on parole,
on work furlough or work release, or on any other basis until
he or she has served a period of not less than 90 days in a
county jail. In all cases in which probation is granted, the
court shall require as a condition thereof that the person be
confined in a county jail for at least 90 days. In no event
does the court have the power to absolve a person who violates
this subdivision from the obligation of spending at least 90
days in confinement in a county jail.
4)Provides for the suspension of driving privileges if a
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violation of prostitution as specified is committed within
1,000 feet of a private residence and with the use of a
vehicle.
5)Specifies that 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.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "According to the US Center
for Disease Control and Prevention, HIV continues to pose a
major public health threat in the United States, particularly
within communities of color where 46% of people living with HIV
are African American and 64% of new infections are among blacks
or Latinos. Addressing the epidemic requires understanding the
risk environment among vulnerable populations. Sex workers
share many factors that increase their risk of acquiring and
spreading HIV. Public policy should reflect the public health
goal of ending HIV transmission.
"AB 336 states that possession of one or more condoms shall not
be used as evidence of soliciting or engaging in prostitution."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0000434