Amended IN Senate April 23, 2019 Amended IN Senate April 11, 2019 Amended IN Senate March 11, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 233Introduced 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 DIGESTSB 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 introducing the possession of a condom as evidence in the prosecution of a violation of soliciting or engaging in lewd or dissolute conduct in a public 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 persons 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: NO Bill TextThe 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 in the prosecution 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.
Amended IN Senate April 23, 2019 Amended IN Senate April 11, 2019 Amended IN Senate March 11, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 233Introduced 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 DIGESTSB 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 introducing the possession of a condom as evidence in the prosecution of a violation of soliciting or engaging in lewd or dissolute conduct in a public 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 persons 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: NO
Amended IN Senate April 23, 2019 Amended IN Senate April 11, 2019 Amended IN Senate March 11, 2019
Amended IN Senate April 23, 2019
Amended IN Senate April 11, 2019
Amended IN Senate March 11, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill No. 233
Introduced by Senator Wiener(Principal coauthor: Assembly Member Quirk)(Coauthors: Assembly Members Carrillo and Friedman)February 07, 2019
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
## 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 introducing the possession of a condom as evidence in the prosecution of a violation of soliciting or engaging in lewd or dissolute conduct in a public 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 persons liability for an act of prostitution that is otherwise admissible, it requires a 2/3 vote of the Legislature.
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 introducing the possession of a condom as evidence in the prosecution of a violation of soliciting or engaging in lewd or dissolute conduct in a public 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 persons liability for an act of prostitution that is otherwise admissible, it requires a 2/3 vote of the Legislature.
## Digest Key
## Bill 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 in the prosecution 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 782.1 of the Evidence Code is repealed.
SECTION 1. Section 782.1 of the Evidence Code is repealed.
### SECTION 1.
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 in the prosecution 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. 2. Section 782.1 is added to the Evidence Code, to read:
### SEC. 2.
782.1. The possession of a condom is not admissible as evidence in the prosecution 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.
782.1. The possession of a condom is not admissible as evidence in the prosecution 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.
782.1. The possession of a condom is not admissible as evidence in the prosecution 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.
782.1. The possession of a condom is not admissible as evidence in the prosecution 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.
SEC. 3. Section 647.3 is added to the Penal Code, to read:
### SEC. 3.
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.
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.
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.
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.