California 2015-2016 Regular Session Status: In Committee

AB 1491 — Prostitution.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

Track this bill free

No card. One bill, free forever — alerts when it moves.

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

This bill died with 2015-2016 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Article IV, Sec. 10(c) of the Constitution.

  3. In committee: Set, second hearing. Hearing canceled at the request of author.

  4. In committee: Set, first hearing. Hearing canceled at the request of author.

  5. Re-referred to Com. on PUB. S.

  6. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  7. Re-referred to Com. on PUB. S.

  8. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  9. Referred to Com. on PUB. S.

  10. Read first time.

  11. From printer. May be heard in committee March 31.

  12. Introduced. To print.

Sponsors

  • O'Donnell · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • O'Donnell

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

Subjects

public-safety labor
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 AB 1491 do?
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.
Who sponsors AB 1491?
AB 1491 is sponsored by O'Donnell.
What is the current status of AB 1491?
This bill died with 2015-2016 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1491?
Track AB 1491 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 1491

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 1491

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →