Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to pass a bill that authorizes immunity from arrest to sex workers when reporting certain crimes, including rape.

Highlights:

• Specifies that possession of a condom is not admissible as evidence in the prosecution of a violation of Section 372, subdivision (a) or (b) of Section 647, or Section 653.22 if the offense is related to prostitution (Sec. 2).

• Specifies that evidence in which a victim of or witness to a serious felony, assault, domestic violence, sexual battery, extortion, human trafficking, or stalking has engaged in an act of prostitution around the time they were victim or witness to the crime is inadmissible in a separate prosecution of that victim or witness to prove criminal liability for the act (Sec. 3).

• Requires that a person who reports being a victim of or witness to a serious felony, assault, domestic violence, sexual battery, extortion, human trafficking, or stalking not be arrested for any of the following offenses if that offense is related to the crime they are reporting or if they were engaged in that offense at or around the time the person was the victim or witness to the reported crimes of (Sec. 4):

• A misdemeanor violation of the California Uniform Controlled Substances Act; and/or

• A violation of Section 372, subdivision (a) or (b) of Section 647, or Section 653.22, if the offense is related to an act of prostitution.

• Requires that possession of condoms in any amount not provide a basis for probable cause for arrest for a violation of Section 372, subdivision (a) or (b) of Section 647, or Section 653.22 if the offense is related to prostitution (Sec. 4).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes immunity from arrest to sex workers when reporting certain crimes, including rape.

Highlights:

• Specifies that possession of a condom is not admissible as evidence in the prosecution of a violation of Section 372, subdivision (a) or (b) of Section 647, or Section 653.22 if the offense is related to prostitution (Sec. 2).

• Specifies that evidence in which a victim of or witness to a serious felony, assault, domestic violence, sexual battery, extortion, human trafficking, or stalking has engaged in an act of prostitution around the time they were victim or witness to the crime is inadmissible in a separate prosecution of that victim or witness to prove criminal liability for the act (Sec. 3).

• Requires that a person who reports being a victim of or witness to a serious felony, assault, domestic violence, sexual battery, extortion, human trafficking, or stalking not be arrested for any of the following offenses if that offense is related to the crime they are reporting or if they were engaged in that offense at or around the time the person was the victim or witness to the reported crimes of (Sec. 4):

• A misdemeanor violation of the California Uniform Controlled Substances Act; and/or

• A violation of Section 372, subdivision (a) or (b) of Section 647, or Section 653.22, if the offense is related to an act of prostitution.

• Requires that possession of condoms in any amount not provide a basis for probable cause for arrest for a violation of Section 372, subdivision (a) or (b) of Section 647, or Section 653.22 if the offense is related to prostitution (Sec. 4).

Full Bill Text