Scott Wiener's Bills

← All bills

SB 233 · 2019-20

Bars certain arrests of crime victims and witnesses

Official subject Immunity from arrest.

Became law Chapter 141, Statutes of 2019

Plain-language summary

Prohibits arresting a person for a misdemeanor drug offense or certain sex work crimes when they report being a victim of, or witness to, specified crimes. Possessing condoms is not probable cause for arrest for these sex work crimes. Condom possession may not be used as evidence in certain prostitution-related prosecutions.

How these summaries are written

Official summary · Legislative Counsel's Digest

Describes the final version (Chaptered, July 30, 2019).

Read the official summary (7 paragraphs)

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 person’s liability for an act of prostitution that is otherwise admissible, it requires a 2/3 vote of the Legislature.

Official title

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.

Timeline

  1. Feb. 7, 2019 Introduced
  2. May 2, 2019 Passed Senate 28 yes, 10 no
  3. July 1, 2019 Passed Assembly 54 yes, 13 no
  4. July 19, 2019 Enrolled and sent to the Governor
  5. July 30, 2019 Signed by the Governor
  6. July 30, 2019 Chaptered (became law)
Full official history (25 actions)
  1. Feb. 7, 2019 Introduced: Introduced. Read first time. To Com. on RLS. for assignment. To print.
  2. Feb. 8, 2019 From printer. May be acted upon on or after March 10.
  3. Feb. 21, 2019 Referred to Com. on PUB. S.
  4. March 6, 2019 Set for hearing April 2.
  5. March 11, 2019 April 2 hearing postponed by committee.
  6. March 11, 2019 From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
  7. March 12, 2019 Set for hearing April 9.
  8. April 11, 2019 From committee: Do pass as amended. (Ayes 5. Noes 2. Page 623.) (April 9).
  9. April 11, 2019 Read second time and amended. Ordered to second reading.
  10. April 22, 2019 Read second time. Ordered to third reading.
  11. April 23, 2019 Read third time and amended.
  12. April 23, 2019 Ordered to second reading.
  13. April 24, 2019 Read second time. Ordered to third reading.
  14. May 2, 2019 Passed Senate: Read third time. Passed. (Ayes 28. Noes 10. Page 922.) Ordered to the Assembly.
  15. May 2, 2019 In Assembly. Read first time. Held at Desk.
  16. May 16, 2019 Referred to Com. on PUB. S.
  17. June 13, 2019 From committee: Do pass as amended. (Ayes 8. Noes 0.) (June 11).
  18. June 17, 2019 Read second time and amended. Ordered to second reading.
  19. June 18, 2019 Read second time. Ordered to third reading.
  20. July 1, 2019 Passed Assembly: Read third time. Passed. (Ayes 54. Noes 13. Page 2493.) Ordered to the Senate.
  21. July 1, 2019 In Senate. Concurrence in Assembly amendments pending.
  22. July 8, 2019 Assembly amendments concurred in. (Ayes 30. Noes 9. Page 1990.) Ordered to engrossing and enrolling.
  23. July 19, 2019 Enrolled and sent to the Governor: Enrolled and presented to the Governor at 2 p.m.
  24. July 30, 2019 Signed by the Governor: Approved by the Governor.
  25. July 30, 2019 Chaptered (became law): Chaptered by Secretary of State. Chapter 141, Statutes of 2019.