Loitering with intent to commit prostitution.
What changed between versions
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).
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.
Requires California law enforcement to document their attempts to offer services to a suspected individual before making an arrest under the new loitering provision.
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).
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.