Bill Text: CA SB233 | 2019-2020 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Immunity from arrest.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2019-07-30 - Chaptered by Secretary of State. Chapter 141, Statutes of 2019. [SB233 Detail]
Download: California-2019-SB233-Amended.html
Bill Title: Immunity from arrest.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2019-07-30 - Chaptered by Secretary of State. Chapter 141, Statutes of 2019. [SB233 Detail]
Download: California-2019-SB233-Amended.html
Amended
IN
Senate
April 11, 2019 |
Amended
IN
Senate
March 11, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Senate Bill | No. 233 |
Introduced by Senator Wiener (Principal coauthor: Assembly Member Quirk) (Coauthors: Assembly Members Carrillo and Friedman) |
February 07, 2019 |
An act to repeal and add Section 782.1 of the Evidence Code, and to add Section 647.3 to the Penal Code, relating to crime.
LEGISLATIVE COUNSEL'S DIGEST
SB 233, as amended, Wiener.
Immunity from arrest.
Existing law criminalizes various aspects of sex work, including soliciting anyone to engage in, or engaging in, lewd or dissolute conduct in a public place, loitering in a public place with the intent to commit prostitution, or maintaining a public nuisance. Existing law, the California Uniform Controlled Substances Act (CUCSA), also criminalizes various offenses relating to the possession, transportation, and sale of specified controlled substances.
This bill would prohibit the arrest of a person for a misdemeanor violation of the CUCSA or specified sex work crimes, if that person is reporting a crime of sexual assault, human trafficking, stalking, robbery, assault, kidnapping, threats, blackmail, extortion, burglary, or another violent crime. The bill would also state that possession of condoms in any amount does not provide a basis for
probable cause for arrest for specified sex work crimes.
Existing law specifies a procedure by which condoms may be introduced as evidence in a prosecution for various crimes, including soliciting or engaging in lewd or dissolute conduct in a public place, soliciting or engaging in acts of prostitution, loitering in or about a toilet open to the public for the purpose of engaging in or soliciting a lewd, lascivious, or unlawful act, or loitering in a public place with the intent to commit prostitution.
This bill, instead, would prohibit the possession of a condom as evidence of a violation of soliciting or engaging in lewd or dissolute conduct in a public place, place if the offense is related to prostitution, soliciting or engaging in
acts of prostitution, loitering in a public place with the intent to commit prostitution, or for maintaining a public nuisance.
The California Constitution includes the Right to Truth-In-Evidence, which requires a 2/3 vote of the Legislature to pass a bill that would exclude any relevant evidence from any criminal proceeding, as specified.
Because this bill would exclude from a criminal action evidence about a person’s liability for an act of prostitution that is otherwise admissible, it requires a 2/3 vote of the Legislature.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 782.1 of the Evidence Code is repealed.SEC. 2.
Section 782.1 is added to the Evidence Code, to read:782.1.
The possession of a condom is not admissible as evidence of a violation of subdivision (a) or (b) of Section 647 of the Penal Code if the offense is related to prostitution, or Section 372 or 653.22 of the Penal Code.SEC. 3.
Section 647.3 is added to the Penal Code, to read:647.3.
(a) A person who is reporting a crime of sexual assault, human trafficking, stalking, robbery, assault, kidnapping, threats, blackmail, extortion, burglary, or another violent crime shall not be arrested for either of the following:(1) A misdemeanor violation of the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code).
(2) A violation of subdivision (a) or (b) of Section 647 if the offense is related to an act of prostitution, or of Section 372 or
653.22.
(b) Possession of condoms in any amount shall not provide a basis for probable cause for arrest for a violation of subdivision (a) or (b) of Section 647 if the offense is related to an act of prostitution, or of Section 372 or 653.22.