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California Senate Bill SB233

California 2019-2020 Regular Session

California Senate Bill SB233 Compare Versions

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1-Senate Bill No. 233 CHAPTER 141 An act to amend Section 1162 of, and to repeal and add Section 782.1 of, the Evidence Code, and to add Section 647.3 to the Penal Code, relating to crime. [ Approved by Governor July 30, 2019. Filed with Secretary of State July 30, 2019. ] LEGISLATIVE COUNSEL'S DIGESTSB 233, 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 that they are a victim of, or a witness to, specified crimes. 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, soliciting or engaging in acts of prostitution, loitering in a public place with the intent to commit prostitution, or for maintaining a public nuisance, if the offense is related to an act of prostitution.This bill would make other conforming changes.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 Section 372 of, subdivision (a) or (b) of Section 647 of, or Section 653.22 of, the Penal Code, if the offense is related to prostitution.SEC. 3. Section 1162 of the Evidence Code is amended to read:1162. Evidence that a victim of, or a witness to, a serious felony as defined in subdivision (c) of Section 1192.7 of, an assault in violation of subdivision (a) of Section 245 of, domestic violence in violation of Section 273.5 of, extortion in violation of Section 518 of, human trafficking in violation of Section 236.1 of, sexual battery in violation of subdivision (a) of Section 243.4 of, or stalking in violation of Section 646.9 of, the Penal Code, has engaged in an act of prostitution at or around the time they were the victim of or witness to the crime is inadmissible in a separate prosecution of that victim or witness to prove criminal liability for the act of prostitution.SEC. 4. Section 647.3 is added to the Penal Code, to read:647.3. (a) A person who reports being a victim of, or a witness to, a serious felony as defined in subdivision (c) of Section 1192.7, an assault in violation of subdivision (a) of Section 245, domestic violence in violation of Section 273.5, extortion in violation of Section 518, human trafficking in violation of Section 236.1, sexual battery in violation of subdivision (a) of Section 243.4, or stalking in violation of Section 646.9 shall not be arrested for any of the following offenses if that offense is related to the crime that the person is reporting or if the person was engaged in that offense at or around the time that the person was the victim of or witness to the crime they are reporting:(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 Section 372, subdivision (a) or (b) of Section 647, or Section 653.22, if the offense is related to an act of prostitution.(b) Possession of condoms in any amount shall not provide a basis for probable cause for arrest for a violation of Section 372, subdivision (a) or (b) of Section 647, or Section 653.22 if the offense is related to an act of prostitution.
1+Enrolled July 10, 2019 Passed IN Senate July 08, 2019 Passed IN Assembly July 01, 2019 Amended IN Assembly June 17, 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. 233Introduced by Senator Wiener(Principal coauthor: Assembly Member Quirk)(Coauthors: Assembly Members Carrillo, Friedman, Kamlager-Dove, and Wicks)February 07, 2019 An act to amend Section 1162 of, and 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, 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 that they are a victim of, or a witness to, specified crimes. 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, soliciting or engaging in acts of prostitution, loitering in a public place with the intent to commit prostitution, or for maintaining a public nuisance, if the offense is related to an act of prostitution.This bill would make other conforming changes.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 Section 372 of, subdivision (a) or (b) of Section 647 of, or Section 653.22 of, the Penal Code, if the offense is related to prostitution.SEC. 3. Section 1162 of the Evidence Code is amended to read:1162. Evidence that a victim of, or a witness to, a serious felony as defined in subdivision (c) of Section 1192.7 of, an assault in violation of subdivision (a) of Section 245 of, domestic violence in violation of Section 273.5 of, extortion in violation of Section 518 of, human trafficking in violation of Section 236.1 of, sexual battery in violation of subdivision (a) of Section 243.4 of, or stalking in violation of Section 646.9 of, the Penal Code, has engaged in an act of prostitution at or around the time they were the victim of or witness to the crime is inadmissible in a separate prosecution of that victim or witness to prove criminal liability for the act of prostitution.SEC. 4. Section 647.3 is added to the Penal Code, to read:647.3. (a) A person who reports being a victim of, or a witness to, a serious felony as defined in subdivision (c) of Section 1192.7, an assault in violation of subdivision (a) of Section 245, domestic violence in violation of Section 273.5, extortion in violation of Section 518, human trafficking in violation of Section 236.1, sexual battery in violation of subdivision (a) of Section 243.4, or stalking in violation of Section 646.9 shall not be arrested for any of the following offenses if that offense is related to the crime that the person is reporting or if the person was engaged in that offense at or around the time that the person was the victim of or witness to the crime they are reporting:(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 Section 372, subdivision (a) or (b) of Section 647, or Section 653.22, if the offense is related to an act of prostitution.(b) Possession of condoms in any amount shall not provide a basis for probable cause for arrest for a violation of Section 372, subdivision (a) or (b) of Section 647, or Section 653.22 if the offense is related to an act of prostitution.
22
3- Senate Bill No. 233 CHAPTER 141 An act to amend Section 1162 of, and to repeal and add Section 782.1 of, the Evidence Code, and to add Section 647.3 to the Penal Code, relating to crime. [ Approved by Governor July 30, 2019. Filed with Secretary of State July 30, 2019. ] LEGISLATIVE COUNSEL'S DIGESTSB 233, 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 that they are a victim of, or a witness to, specified crimes. 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, soliciting or engaging in acts of prostitution, loitering in a public place with the intent to commit prostitution, or for maintaining a public nuisance, if the offense is related to an act of prostitution.This bill would make other conforming changes.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
3+ Enrolled July 10, 2019 Passed IN Senate July 08, 2019 Passed IN Assembly July 01, 2019 Amended IN Assembly June 17, 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. 233Introduced by Senator Wiener(Principal coauthor: Assembly Member Quirk)(Coauthors: Assembly Members Carrillo, Friedman, Kamlager-Dove, and Wicks)February 07, 2019 An act to amend Section 1162 of, and 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, 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 that they are a victim of, or a witness to, specified crimes. 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, soliciting or engaging in acts of prostitution, loitering in a public place with the intent to commit prostitution, or for maintaining a public nuisance, if the offense is related to an act of prostitution.This bill would make other conforming changes.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
44
5- Senate Bill No. 233 CHAPTER 141
5+ Enrolled July 10, 2019 Passed IN Senate July 08, 2019 Passed IN Assembly July 01, 2019 Amended IN Assembly June 17, 2019 Amended IN Senate April 23, 2019 Amended IN Senate April 11, 2019 Amended IN Senate March 11, 2019
66
7- Senate Bill No. 233
7+Enrolled July 10, 2019
8+Passed IN Senate July 08, 2019
9+Passed IN Assembly July 01, 2019
10+Amended IN Assembly June 17, 2019
11+Amended IN Senate April 23, 2019
12+Amended IN Senate April 11, 2019
13+Amended IN Senate March 11, 2019
814
9- CHAPTER 141
15+ CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
16+
17+ Senate Bill
18+
19+No. 233
20+
21+Introduced by Senator Wiener(Principal coauthor: Assembly Member Quirk)(Coauthors: Assembly Members Carrillo, Friedman, Kamlager-Dove, and Wicks)February 07, 2019
22+
23+Introduced by Senator Wiener(Principal coauthor: Assembly Member Quirk)(Coauthors: Assembly Members Carrillo, Friedman, Kamlager-Dove, and Wicks)
24+February 07, 2019
1025
1126 An act to amend Section 1162 of, and to repeal and add Section 782.1 of, the Evidence Code, and to add Section 647.3 to the Penal Code, relating to crime.
12-
13- [ Approved by Governor July 30, 2019. Filed with Secretary of State July 30, 2019. ]
1427
1528 LEGISLATIVE COUNSEL'S DIGEST
1629
1730 ## LEGISLATIVE COUNSEL'S DIGEST
1831
1932 SB 233, Wiener. Immunity from arrest.
2033
2134 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 that they are a victim of, or a witness to, specified crimes. 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, soliciting or engaging in acts of prostitution, loitering in a public place with the intent to commit prostitution, or for maintaining a public nuisance, if the offense is related to an act of prostitution.This bill would make other conforming changes.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.
2235
2336 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.
2437
2538 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 that they are a victim of, or a witness to, specified crimes. 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.
2639
2740 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.
2841
2942 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, soliciting or engaging in acts of prostitution, loitering in a public place with the intent to commit prostitution, or for maintaining a public nuisance, if the offense is related to an act of prostitution.
3043
3144 This bill would make other conforming changes.
3245
3346 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.
3447
3548 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.
3649
3750 ## Digest Key
3851
3952 ## Bill Text
4053
4154 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 Section 372 of, subdivision (a) or (b) of Section 647 of, or Section 653.22 of, the Penal Code, if the offense is related to prostitution.SEC. 3. Section 1162 of the Evidence Code is amended to read:1162. Evidence that a victim of, or a witness to, a serious felony as defined in subdivision (c) of Section 1192.7 of, an assault in violation of subdivision (a) of Section 245 of, domestic violence in violation of Section 273.5 of, extortion in violation of Section 518 of, human trafficking in violation of Section 236.1 of, sexual battery in violation of subdivision (a) of Section 243.4 of, or stalking in violation of Section 646.9 of, the Penal Code, has engaged in an act of prostitution at or around the time they were the victim of or witness to the crime is inadmissible in a separate prosecution of that victim or witness to prove criminal liability for the act of prostitution.SEC. 4. Section 647.3 is added to the Penal Code, to read:647.3. (a) A person who reports being a victim of, or a witness to, a serious felony as defined in subdivision (c) of Section 1192.7, an assault in violation of subdivision (a) of Section 245, domestic violence in violation of Section 273.5, extortion in violation of Section 518, human trafficking in violation of Section 236.1, sexual battery in violation of subdivision (a) of Section 243.4, or stalking in violation of Section 646.9 shall not be arrested for any of the following offenses if that offense is related to the crime that the person is reporting or if the person was engaged in that offense at or around the time that the person was the victim of or witness to the crime they are reporting:(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 Section 372, subdivision (a) or (b) of Section 647, or Section 653.22, if the offense is related to an act of prostitution.(b) Possession of condoms in any amount shall not provide a basis for probable cause for arrest for a violation of Section 372, subdivision (a) or (b) of Section 647, or Section 653.22 if the offense is related to an act of prostitution.
4255
4356 The people of the State of California do enact as follows:
4457
4558 ## The people of the State of California do enact as follows:
4659
4760 SECTION 1. Section 782.1 of the Evidence Code is repealed.
4861
4962 SECTION 1. Section 782.1 of the Evidence Code is repealed.
5063
5164 ### SECTION 1.
5265
5366
5467
5568 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 Section 372 of, subdivision (a) or (b) of Section 647 of, or Section 653.22 of, the Penal Code, if the offense is related to prostitution.
5669
5770 SEC. 2. Section 782.1 is added to the Evidence Code, to read:
5871
5972 ### SEC. 2.
6073
6174 782.1. The possession of a condom is not admissible as evidence in the prosecution of a violation of Section 372 of, subdivision (a) or (b) of Section 647 of, or Section 653.22 of, the Penal Code, if the offense is related to prostitution.
6275
6376 782.1. The possession of a condom is not admissible as evidence in the prosecution of a violation of Section 372 of, subdivision (a) or (b) of Section 647 of, or Section 653.22 of, the Penal Code, if the offense is related to prostitution.
6477
6578 782.1. The possession of a condom is not admissible as evidence in the prosecution of a violation of Section 372 of, subdivision (a) or (b) of Section 647 of, or Section 653.22 of, the Penal Code, if the offense is related to prostitution.
6679
6780
6881
6982 782.1. The possession of a condom is not admissible as evidence in the prosecution of a violation of Section 372 of, subdivision (a) or (b) of Section 647 of, or Section 653.22 of, the Penal Code, if the offense is related to prostitution.
7083
7184 SEC. 3. Section 1162 of the Evidence Code is amended to read:1162. Evidence that a victim of, or a witness to, a serious felony as defined in subdivision (c) of Section 1192.7 of, an assault in violation of subdivision (a) of Section 245 of, domestic violence in violation of Section 273.5 of, extortion in violation of Section 518 of, human trafficking in violation of Section 236.1 of, sexual battery in violation of subdivision (a) of Section 243.4 of, or stalking in violation of Section 646.9 of, the Penal Code, has engaged in an act of prostitution at or around the time they were the victim of or witness to the crime is inadmissible in a separate prosecution of that victim or witness to prove criminal liability for the act of prostitution.
7285
7386 SEC. 3. Section 1162 of the Evidence Code is amended to read:
7487
7588 ### SEC. 3.
7689
7790 1162. Evidence that a victim of, or a witness to, a serious felony as defined in subdivision (c) of Section 1192.7 of, an assault in violation of subdivision (a) of Section 245 of, domestic violence in violation of Section 273.5 of, extortion in violation of Section 518 of, human trafficking in violation of Section 236.1 of, sexual battery in violation of subdivision (a) of Section 243.4 of, or stalking in violation of Section 646.9 of, the Penal Code, has engaged in an act of prostitution at or around the time they were the victim of or witness to the crime is inadmissible in a separate prosecution of that victim or witness to prove criminal liability for the act of prostitution.
7891
7992 1162. Evidence that a victim of, or a witness to, a serious felony as defined in subdivision (c) of Section 1192.7 of, an assault in violation of subdivision (a) of Section 245 of, domestic violence in violation of Section 273.5 of, extortion in violation of Section 518 of, human trafficking in violation of Section 236.1 of, sexual battery in violation of subdivision (a) of Section 243.4 of, or stalking in violation of Section 646.9 of, the Penal Code, has engaged in an act of prostitution at or around the time they were the victim of or witness to the crime is inadmissible in a separate prosecution of that victim or witness to prove criminal liability for the act of prostitution.
8093
8194 1162. Evidence that a victim of, or a witness to, a serious felony as defined in subdivision (c) of Section 1192.7 of, an assault in violation of subdivision (a) of Section 245 of, domestic violence in violation of Section 273.5 of, extortion in violation of Section 518 of, human trafficking in violation of Section 236.1 of, sexual battery in violation of subdivision (a) of Section 243.4 of, or stalking in violation of Section 646.9 of, the Penal Code, has engaged in an act of prostitution at or around the time they were the victim of or witness to the crime is inadmissible in a separate prosecution of that victim or witness to prove criminal liability for the act of prostitution.
8295
8396
8497
8598 1162. Evidence that a victim of, or a witness to, a serious felony as defined in subdivision (c) of Section 1192.7 of, an assault in violation of subdivision (a) of Section 245 of, domestic violence in violation of Section 273.5 of, extortion in violation of Section 518 of, human trafficking in violation of Section 236.1 of, sexual battery in violation of subdivision (a) of Section 243.4 of, or stalking in violation of Section 646.9 of, the Penal Code, has engaged in an act of prostitution at or around the time they were the victim of or witness to the crime is inadmissible in a separate prosecution of that victim or witness to prove criminal liability for the act of prostitution.
8699
87100 SEC. 4. Section 647.3 is added to the Penal Code, to read:647.3. (a) A person who reports being a victim of, or a witness to, a serious felony as defined in subdivision (c) of Section 1192.7, an assault in violation of subdivision (a) of Section 245, domestic violence in violation of Section 273.5, extortion in violation of Section 518, human trafficking in violation of Section 236.1, sexual battery in violation of subdivision (a) of Section 243.4, or stalking in violation of Section 646.9 shall not be arrested for any of the following offenses if that offense is related to the crime that the person is reporting or if the person was engaged in that offense at or around the time that the person was the victim of or witness to the crime they are reporting:(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 Section 372, subdivision (a) or (b) of Section 647, or Section 653.22, if the offense is related to an act of prostitution.(b) Possession of condoms in any amount shall not provide a basis for probable cause for arrest for a violation of Section 372, subdivision (a) or (b) of Section 647, or Section 653.22 if the offense is related to an act of prostitution.
88101
89102 SEC. 4. Section 647.3 is added to the Penal Code, to read:
90103
91104 ### SEC. 4.
92105
93106 647.3. (a) A person who reports being a victim of, or a witness to, a serious felony as defined in subdivision (c) of Section 1192.7, an assault in violation of subdivision (a) of Section 245, domestic violence in violation of Section 273.5, extortion in violation of Section 518, human trafficking in violation of Section 236.1, sexual battery in violation of subdivision (a) of Section 243.4, or stalking in violation of Section 646.9 shall not be arrested for any of the following offenses if that offense is related to the crime that the person is reporting or if the person was engaged in that offense at or around the time that the person was the victim of or witness to the crime they are reporting:(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 Section 372, subdivision (a) or (b) of Section 647, or Section 653.22, if the offense is related to an act of prostitution.(b) Possession of condoms in any amount shall not provide a basis for probable cause for arrest for a violation of Section 372, subdivision (a) or (b) of Section 647, or Section 653.22 if the offense is related to an act of prostitution.
94107
95108 647.3. (a) A person who reports being a victim of, or a witness to, a serious felony as defined in subdivision (c) of Section 1192.7, an assault in violation of subdivision (a) of Section 245, domestic violence in violation of Section 273.5, extortion in violation of Section 518, human trafficking in violation of Section 236.1, sexual battery in violation of subdivision (a) of Section 243.4, or stalking in violation of Section 646.9 shall not be arrested for any of the following offenses if that offense is related to the crime that the person is reporting or if the person was engaged in that offense at or around the time that the person was the victim of or witness to the crime they are reporting:(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 Section 372, subdivision (a) or (b) of Section 647, or Section 653.22, if the offense is related to an act of prostitution.(b) Possession of condoms in any amount shall not provide a basis for probable cause for arrest for a violation of Section 372, subdivision (a) or (b) of Section 647, or Section 653.22 if the offense is related to an act of prostitution.
96109
97110 647.3. (a) A person who reports being a victim of, or a witness to, a serious felony as defined in subdivision (c) of Section 1192.7, an assault in violation of subdivision (a) of Section 245, domestic violence in violation of Section 273.5, extortion in violation of Section 518, human trafficking in violation of Section 236.1, sexual battery in violation of subdivision (a) of Section 243.4, or stalking in violation of Section 646.9 shall not be arrested for any of the following offenses if that offense is related to the crime that the person is reporting or if the person was engaged in that offense at or around the time that the person was the victim of or witness to the crime they are reporting:(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 Section 372, subdivision (a) or (b) of Section 647, or Section 653.22, if the offense is related to an act of prostitution.(b) Possession of condoms in any amount shall not provide a basis for probable cause for arrest for a violation of Section 372, subdivision (a) or (b) of Section 647, or Section 653.22 if the offense is related to an act of prostitution.
98111
99112
100113
101114 647.3. (a) A person who reports being a victim of, or a witness to, a serious felony as defined in subdivision (c) of Section 1192.7, an assault in violation of subdivision (a) of Section 245, domestic violence in violation of Section 273.5, extortion in violation of Section 518, human trafficking in violation of Section 236.1, sexual battery in violation of subdivision (a) of Section 243.4, or stalking in violation of Section 646.9 shall not be arrested for any of the following offenses if that offense is related to the crime that the person is reporting or if the person was engaged in that offense at or around the time that the person was the victim of or witness to the crime they are reporting:
102115
103116 (1) A misdemeanor violation of the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code).
104117
105118 (2) A violation of Section 372, subdivision (a) or (b) of Section 647, or Section 653.22, if the offense is related to an act of prostitution.
106119
107120 (b) Possession of condoms in any amount shall not provide a basis for probable cause for arrest for a violation of Section 372, subdivision (a) or (b) of Section 647, or Section 653.22 if the offense is related to an act of prostitution.