AB 63 California Assembly · 2025-2026 Regular Session

Loitering with intent to commit prostitution.

Summary
Existing law, until January 1, 2023, prohibited loitering in a public place with the intent to commit prostitution, as defined, and made that crime a misdemeanor. This bill would reinstate those provisions and would prohibit law enforcement, as defined, from making an arrest pursuant to these provisions solely based on the individual's gender identity or sexual orientation. The bill would also require law enforcement, prior to making an arrest of the individual pursuant to these provisions, to document their attempts to offer the individual services. By creating a new crime, and by imposing new duties on local law enforcement, this bill would impose a state-mandated local program. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Bill status failed 1 of 4 stages cleared
Introduction
Dec 2024
Committee Review
Floor Vote
Governor
Introduced Dec 2, 2024 Last action Feb 2, 2026
Maddy AI version diff · 3 comparisons

What changed between versions

12/02/24 - Introduced 03/24/25 - Amended Assembly · 9 edits · Mar 24, 2025
MAJOR
AB 63 was substantially expanded from a technical amendment to human trafficking provisions into a bill that also reinstates California's loitering-with-intent-to-commit-prostitution law (which expired on January 1, 2023). The amended version adds two new Penal Code sections creating the offense, defining key terms, and imposing specific duties on law enforcement including documenting attempts to offer services before arrest and prohibiting arrests based solely on perceived gender identity or sexual preference. The bill now imposes a state-mandated local program due to these new law enforcement obligations.
SCOPE

Adds Section 653.20 of the Penal Code defining 'California law enforcement,' 'commit prostitution,' 'loiter,' and 'public place' for purposes of the loitering-with-intent-to-commit-prostitution provisions.

Adds Section 653.22 of the Penal Code making it unlawful to loiter in a public place with intent to commit prostitution, effectively reinstating a crime that was in effect until January 1, 2023.

The bill's stated purpose expanded from amending only Section 236.1 (human trafficking) to also adding Sections 653.20 and 653.22 (loitering with intent to commit prostitution).

ELIGIBILITY

Creates an exception for children under 18: they cannot be charged under the loitering provision and may instead be adjudged dependent children of the court under Welfare and Institutions Code Section 300.

REQUIREMENT

Requires California law enforcement to document their attempts to offer services to a suspected individual before making an arrest under the new loitering provision.

ENFORCEMENT

Prohibits California law enforcement from making an arrest under the new loitering provision solely based on the individual's perceived gender identity or sexual preference.

Requires that if a peace officer determines a person is a victim of human trafficking, Section 236.23 applies and the employing agency must initiate an investigation under Section 236.1 (human trafficking).

FISCAL

Adds a state mandate reimbursement provision: no reimbursement is required for creating the new crime, but if the Commission on State Mandates finds other state-mandated costs, reimbursement shall be made per Government Code Part 7.

Fiscal notes changed from 'State-mandated local program: no' to 'yes,' reflecting that the new duties imposed on law enforcement constitute a state-mandated local program.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
12
Key actions
3
Committee
6
Amendments
3
Feb 2, 2026
Lower · Passed
From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
lower
Apr 29, 2025
Lower · Passed
In committee: Hearing for testimony only.
lower
Mar 28, 2025
Committee
Re-referred to Com. on PUB. S.
lower
Mar 27, 2025
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
lower
Mar 25, 2025
Committee
Re-referred to Com. on PUB. S.
lower
Mar 25, 2025
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
lower
Mar 24, 2025
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
lower
Mar 24, 2025
Committee
Referred to Com. on PUB. S.
lower
Dec 3, 2024
Lower · Passed
From printer. May be heard in committee January 2.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Michelle Rodriguez
Michelle Rodriguez
DDemocratic
CA
53