Scott Wiener
- Democratic
- Senator
- District 11
Author
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 23 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 person's liability for an act of prostitution that is otherwise admissible, it requires a 23 vote of the Legislature.
Chaptered by Secretary of State. Chapter 141, Statutes of 2019.
Approved by the Governor.
Enrolled and presented to the Governor at 2 p.m.
Assembly amendments concurred in. (Ayes 30. Noes 9. Page 1990.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 54. Noes 13. Page 2493.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 8. Noes 0.) (June 11).
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 28. Noes 10. Page 922.) Ordered to the Assembly.
Read second time. Ordered to third reading.
Ordered to second reading.
Read third time and amended.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 623.) (April 9).
Set for hearing April 9.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
April 2 hearing postponed by committee.
Set for hearing April 2.
From printer. May be acted upon on or after March 10.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB233 | HTML |
| 02/07/19 - Introduced | |
| 03/11/19 - Amended Senate | |
| 04/11/19 - Amended Senate | |
| 04/23/19 - Amended Senate | |
| 06/17/19 - Amended Assembly | |
| 07/10/19 - Enrolled | |
| 07/30/19 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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