Bill Text: CA SB244 | 2013-2014 | Regular Session | Amended

California Senate Bill 244 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Disorderly conduct.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2013-08-13 - Set, first hearing. Hearing canceled at the request of author. [SB244 Detail]

Download: California-2013-SB244-Amended.html
BILL NUMBER: SB 244	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 21, 2013

INTRODUCED BY   Senator Liu

                        FEBRUARY 12, 2013

   An act to amend Section 647 of the Penal Code, relating to crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 244, as amended, Liu. Disorderly conduct.
   Under existing law, a person who commits certain acts, including
soliciting or  agreeing to engage in or engaging in any act
of prostitution, as specified   , engaging in lewd or
dissolute conduct in a public place  , is guilty of disorderly
conduct, a misdemeanor.
   This bill would  make a technical, nonsubstantive change
to that provision   make a violation of that provision
involving any adult who solicits a minor to engage in or who engages
in lewd or dissolute conduct with a minor in a public  
place punishable by imprisonment in a county jail for not less than
90 days  . 
   Existing law also provides that a person who solicits or agrees to
engage in or who engages in any act of prostitution, as specified,
is guilty of disorderly conduct.  
   This bill would make a violation of that provision involving any
adult who solicits or who agrees to engage in or who engages in an
act of prostitution where the other party to the act is a minor
punishable by imprisonment in a county jail for not less than 90
days.  
   By expanding the definition of a crime, 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:  no
  yes  . State-mandated local program:  no
  yes  .


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

  SECTION 1.  Section 647 of the Penal Code is amended to read:
   647.  Except as provided in subdivision (l), every person who
commits any of the following acts is guilty of disorderly conduct, an
offense punishable as 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 accosts other persons in any public place or in any place
open to the public for the purpose of begging or soliciting alms.
   (d) Who loiters in or about any toilet open to the public for the
purpose of engaging in or soliciting any lewd or lascivious or any
unlawful act.
   (e) Who lodges in any building, structure, vehicle, or place,
whether public or private, without the permission of the owner or
person entitled to the possession or in control of it.
   (f) Who is found in any public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance,
or toluene, in a condition that he or she is unable to exercise care
for his or her own safety or the safety of others, or by reason of
his or her being under the influence of intoxicating liquor, any
drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public
way.
   (g) When a person has violated subdivision (f), a peace officer,
if he or she is reasonably able to do so, shall place the person, or
cause him or her to be placed, in civil protective custody. The
person shall be taken to a facility, designated pursuant to Section
5170 of the Welfare and Institutions Code, for the 72-hour treatment
and evaluation of inebriates. A peace officer may place a person in
civil protective custody with that kind and degree of force which
would be lawful were he or she effecting an arrest for a misdemeanor
without a warrant. No person who has been placed in civil protective
custody shall thereafter be subject to any criminal prosecution or
juvenile court proceeding based on the facts giving rise to this
placement. This subdivision shall not apply to the following persons:

   (1) Any person who is under the influence of any drug, or under
the combined influence of intoxicating liquor and any drug.
   (2) Any person who a peace officer has probable cause to believe
has committed any felony, or who has committed any misdemeanor in
addition to subdivision (f).
   (3) Any person who a peace officer in good faith believes will
attempt escape or will be unreasonably difficult for medical
personnel to control.
   (h) Who loiters, prowls, or wanders upon the private property of
another, at any time, without visible or lawful business with the
owner or occupant. As used in this subdivision, "loiter" means to
delay or linger without a lawful purpose for being on the property
and for the purpose of committing a crime as opportunity may be
discovered.
   (i) Who, while loitering, prowling, or wandering upon the private
property of another, at any time, peeks in the door or window of any
inhabited building or structure, without visible or lawful business
with the owner or occupant.
   (j) (1) Any person who looks through a hole or opening, into, or
otherwise views, by means of any instrumentality, including, but not
limited to, a periscope, telescope, binoculars, camera, motion
picture camera, camcorder, or mobile phone, the interior of a
bedroom, bathroom, changing room, fitting room, dressing room, or
tanning booth, or the interior of any other area in which the
occupant has a reasonable expectation of privacy, with the intent to
invade the privacy of a person or persons inside. This subdivision
shall not apply to those areas of a private business used to count
currency or other negotiable instruments.
   (2) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person under or through the clothing being worn by that
other person, for the purpose of viewing the body of, or the
undergarments worn by, that other person, without the consent or
knowledge of that other person, with the intent to arouse, appeal to,
or gratify the lust, passions, or sexual desires of that person and
invade the privacy of that other person, under circumstances in which
the other person has a reasonable expectation of privacy.
   (3) (A) Any person who uses a concealed camcorder, motion picture
camera, or photographic camera of any type, to secretly videotape,
film, photograph, or record by electronic means, another,
identifiable person who may be in a state of full or partial undress,
for the purpose of viewing the body of, or the undergarments worn
by, that other person, without the consent or knowledge of that other
person, in the interior of a bedroom, bathroom, changing room,
fitting room, dressing room, or tanning booth, or the interior of any
other area in which that other person has a reasonable expectation
of privacy, with the intent to invade the privacy of that other
person.
   (B) Neither of the following is a defense to the crime specified
in this paragraph:
   (i) The defendant was a cohabitant, landlord, tenant, cotenant,
employer, employee, or business partner or associate of the victim,
or an agent of any of these.
   (ii) The victim was not in a state of full or partial undress.
   (k)  (1)   In any accusatory pleading charging a
violation of subdivision (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. 
   In 
    (2)     In  any accusatory pleading
charging a violation of subdivision (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. 
   In 
    (3)     In  addition to any punishment
prescribed by this section, a court may suspend, for not more than
30 days, the privilege of the person to operate a motor vehicle
pursuant to Section 13201.5 of the Vehicle Code for any violation of
subdivision (b) that was committed within 1,000 feet of a private
residence and with the use of a vehicle. In lieu of the suspension,
the court may order a person's privilege to operate a motor vehicle
restricted, for not more than six months, to necessary travel to and
from the person's place of employment or education. If driving a
motor vehicle is necessary to perform the duties of the person's
employment, the court may also allow the person to drive in that
person's scope of employment.
   (l) (1) A second or subsequent violation of subdivision (j) is
punishable by imprisonment in a county jail not exceeding one year,
or by a fine not exceeding two thousand dollars ($2,000), or by both
that fine and imprisonment.
   (2) If the victim of a violation of subdivision (j) was a minor at
the time of the offense, the violation is punishable by imprisonment
in a county jail not exceeding one year, or by a fine not exceeding
two thousand dollars ($2,000), or by both that fine and imprisonment.

   (m) (1) A violation of subdivision (a) that involves any adult who
solicits a minor to engage in or who engages in lewd or dissolute
conduct with a minor in a public place is punishable by imprisonment
in a county jail for not less than 90 days and the defendant 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 no event does the court have the power to absolve a person
who violates this paragraph from the obligation of spending at least
90 days in confinement in a county jail.  
   (2) A violation of subdivision (b) that involves any adult who
solicits or who agrees to engage in or who engages in an act of
prostitution where the other party to the act is a minor is
punishable by imprisonment in a county jail for not less than 90 days
and the defendant 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 no event does the court have the power to
absolve a person who violates this paragraph from the obligation of
spending at least 90 days in confinement in a county jail. 
   SEC. 2.    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.