California Assembly Bill AB1491 Amended / Bill

 BILL NUMBER: AB 1491AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 26, 2015 INTRODUCED BY Assembly Member O'Donnell FEBRUARY 27, 2015 An act  relating to career technical education.   to amend Section 653.23 of the Penal Code, relating to prostitution.  LEGISLATIVE COUNSEL'S DIGEST AB 1491, as amended, O'Donnell.  Career technical education.   Prostitution.   Existing law provides that 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, is guilty of a misdemeanor, punishable by imprisonment in the county jail for no more than 6 months, by a fine not exceeding $1,000, or by both that fine and imprisonment. Existing law specifies certain 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 provide additional circumstances that may be used to determine if a person has committed that offense also include, but are 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. The bill would also provide that a person who commits that offense in association with, for the benefit of, or at the direction of, a criminal street gang, is guilty of a misdemeanor or a felony, punishable by imprisonment in a county jail not to exceed one year, or by imprisonment in a state prison for one, 2, or 3 years, as specified. By changing the definition of, and punishment for, an existing 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.   Existing law establishes various career technical education programs, including, but not limited to, regional occupational centers or programs, linked learning, partnership academies, and career pathways programs.   This bill would state the intent of the Legislature to enact legislation relating to career technical education.  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 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 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. (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) Nothing in this section shall preclude the prosecution of a suspect for a violation of Section 266h or 266i or for any other offense, or for a violation of this section in conjunction with a violation of Section 266h or 266i or any other offense.  (e) A violation of subdivision (a) committed for the benefit of, at the direction of, or in association with, a criminal street gang, as defined in subdivision (f) of Section 186.22, with the specific intent to promote, further, or assist in any criminal conduct by gang members, is a misdemeanor or a felony, and is punishable pursuant to subdivision (d) of Section 186.22.   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.   SECTION 1.   It is the intent of the Legislature to enact legislation relating to career technical education.