Prostitution.

Existing law provides that a person who directs, supervises, recruits, or otherwise aids another person in the commission of an act of prostitution, or who collects or receives all or part of the proceeds earned from an act of prostitution committed by another person, is guilty of a misdemeanor, punishable by imprisonment in the county jail for no more than 6 months, by a fine not exceeding $1,000, or by both that fine and imprisonment. Existing law specifies certain circumstances that may be used to determine if a person has committed the offense, including repeatedly speaking or communicating with another person, or repeatedly or continuously monitoring or watching another person, who is loitering in a public place with the intent to commit prostitution. This bill would provide additional circumstances that may be used to determine if a person has committed that offense including, but not limited to, repeatedly speaking or communicating with, or repeatedly or continuously monitoring or watching, another person who solicits or agrees to engage in any act of prostitution. Existing law, amended by Proposition 21, an initiative measure enacted by voters at the March 7, 2000, statewide primary election, defines a criminal street gang, and makes a person who actively participates in a criminal street gang, and who promotes, furthers, or assists in criminal conduct of that gang subject to specified penalties. The initiative statute makes any person who is convicted of a public offense punishable as a felony or a misdemeanor, which is committed for the benefit of, at the direction of, or in association with, any criminal street gang with the specific intent to promote, further, or assist in any criminal conduct by gang members, punishable by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison for one, 2 or 3 years, provided that any person sentenced to imprisonment in the county jail is to be imprisoned for a period not to exceed one year, but not less than 180 days, and is not eligible for release upon completion of sentence, parole, or any other basis, until he or she has served 180 days. The initiative statute also provides that if the court grants probation or suspends the execution of sentence imposed upon the defendant, it shall require as a condition thereof that the defendant serve 180 days in county jail. This bill would amend that initiative statute by making a person who is guilty of supervising a prostitute while being an active participant in a criminal street gang, punishable by imprisonment in a county jail not to exceed one year, or imprisonment in the state prison or a county jail, or by a fine not to exceed $1,000, or by both that fine and imprisonment. By changing the punishment for a crime, this bill would impose a state-mandated local program. The bill would require a person who is guilty of supervising a prostitute while being an active participant in a criminal street gang to register as a gang member. By amending the scope and effect of penalties for crimes subject to the penalty provisions of Proposition 21, this bill would require a 2/3 vote of the Legislature. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.