California 2019-2020 Regular Session Status: Enacted 2 D cosponsors

SB 233 — Immunity from arrest.

Last action — Chaptered by Secretary of State. Chapter 141, Statutes of 2019.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 07, 2019. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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 23 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 23 vote of the Legislature.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 141, Statutes of 2019.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2 p.m.

  4. Assembly amendments concurred in. (Ayes 30. Noes 9. Page 1990.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 54. Noes 13. Page 2493.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. Read second time and amended. Ordered to second reading.

  9. From committee: Do pass as amended. (Ayes 8. Noes 0.) (June 11).

  10. Referred to Com. on PUB. S.

  11. In Assembly. Read first time. Held at Desk.

  12. Read third time. Passed. (Ayes 28. Noes 10. Page 922.) Ordered to the Assembly.

  13. Read second time. Ordered to third reading.

  14. Ordered to second reading.

  15. Read third time and amended.

  16. Read second time. Ordered to third reading.

  17. Read second time and amended. Ordered to second reading.

  18. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 623.) (April 9).

  19. Set for hearing April 9.

  20. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  21. April 2 hearing postponed by committee.

  22. Set for hearing April 2.

  23. Referred to Com. on PUB. S.

  24. From printer. May be acted upon on or after March 10.

  25. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 116 not signed on · 8 voted No

Sponsors (1)

Co-sponsors (5)

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB233 Wiener et al. Concurrence

Passed 30 Yea · 9 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 20601
Democratic 10000
Republican 0300
Total 30901
% of votes cast 75%23%0%3%
How each member voted (40)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Skinner — Yea
Allen — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Glazer — Yea
Pan — Yea
Moorlach — Nay
Bates — Nay
Morrell — Nay
Nielsen — Nay
Chang — Nay
Borgeas — Not Voting
Mark Stone — Nay
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

SB 233 Wiener Senate Third Reading By Kamlager-Dove

Passed 54 Yea · 13 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 371005
Democratic 16204
Republican 1103
Total 5413012
% of votes cast 68%16%0%15%
How each member voted (79)
Member Party Vote
Salas — Yea
Mayes — Yea
Cooley — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Diep — Yea
Eggman — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Kamlager-Dove — Yea
Levine — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Cooper — Nay
Fong — Nay
Voepel — Nay
Kiley — Nay
Mathis — Nay
Frazier — Nay
Bigelow — Nay
Melendez — Nay
Waldron — Nay
Rodriguez — Not Voting
Brough — Not Voting
Obernolte — Not Voting
Maienschein — Not Voting
Chau — Not Voting
Gloria — Yea
Bloom — Yea
Santiago — Yea
Chiu — Yea
Gray — Yea
Holden — Yea
Daly — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Nay
Petrie-Norris, Cottie Democratic Not Voting
Quirk-Silva, Sharon Democratic Not Voting
Ramos, James C. Democratic Nay
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Not Voting
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 8 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 5000
Republican 1000
Total 8000
% of votes cast 100%0%0%0%
How each member voted (8)
Member Party Vote
Santiago — Yea
Kamlager-Dove — Yea
Quirk — Yea
Jones-Sawyer — Yea
Diep — Yea
Bauer-Kahan, Rebecca Democratic Yea
Wicks, Buffy Democratic Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading SB233 Wiener et al.

Passed 28 Yea · 10 Nay
Party YeaNayPresentNot Voting
Unaffiliated 19800
Democratic 9000
Republican 0200
Total 281000
% of votes cast 74%26%0%0%
How each member voted (38)
Member Party Vote
Leyva — Yea
Dodd — Yea
Skinner — Yea
Allen — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Glazer — Yea
Pan — Yea
Moorlach — Nay
Borgeas — Nay
Bates — Nay
Morrell — Nay
Nielsen — Nay
Wilk — Nay
Chang — Nay
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Hueso — Yea
Mark Stone — Nay
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 3200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Mitchell — Yea
Bradford — Yea
Skinner — Yea
Moorlach — Nay
Morrell — Nay
Jackson, Corey A. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 233 do?
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 23 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 23 vote of the Legislature.
Who sponsors SB 233?
SB 233 is sponsored by Wiener, Scott D. (Democratic), Quirk, Friedman, Kamlager-Dove, Wicks, Buffy (Democratic), and Wendy Carrillo.
What is the current status of SB 233?
This bill has been enacted into law. Introduced February 07, 2019. Enacted.
Where can I track SB 233?
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