Crimes: loitering for the purpose of engaging in a prostitution offense.
This legislation is intended to reinforce prohibitions against loitering with the intention of engaging in prostitution, adding further context and delineations about what constitutes such actions. Specifically, the bill states that behaviors such as repeatedly engaging with passersby or attempting to solicit via physical gestures would indicate loitering associated with prostitution. Additionally, the bill mandates that no state reimbursement is required for local agencies as a result of its enactment, focusing on the local impacts of enforcement without financial burden on local jurisdictions.
Assembly Bill 2034, introduced by Assembly Member Rodriguez, aims to amend several sections of the Penal Code and the Welfare and Institutions Code relating to loitering for the purpose of engaging in prostitution. The bill specifically re-establishes loitering in a public place with the intent to commit prostitution as a misdemeanor, adhering to regulations prior to January 1, 2023. It seeks to reinforce existing measures aimed at tackling prostitution while modifying definitions and increasing the clarity of legal implications associated with related offenses.
A key point of contention surrounding AB 2034 is its potential impact on individuals who have prior convictions for offenses related to prostitution. The bill allows individuals previously charged under the former Section 653.22 to petition for record sealing, thus providing an avenue for legal relief. However, concerns have been raised regarding the broader implications of reinforcing loitering laws. Advocates for sex workers argue that such laws can exacerbate vulnerabilities, particularly for marginalized individuals, while supporters argue that they are necessary for public safety and community standards.