Nevada 2019 Regular Session Status: Enacted

AB 166 — Revises provisions relating to prostitution. (BDR 15-861)

Last action — Approved by the Governor. Chapter 423.

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

This bill has been enacted into law. Introduced February 15, 2019. Enacted.

Prognosis

Advancing 56% · 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.

  • 4 sponsors

    4 primary, 0 co-sponsors signed on.

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

AN ACT relating to crimes; establishing the crime of advancing prostitution; revising the penalties for the crime of living from the earnings of a prostitute; providing penalties; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

589 added · 600 removed

589 line(s) added, 600 removed.

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Latest
(Reprinted with amendments adopted on May 23, 2019) SECOND REPRINT A.B.
Assembly Bill No.
166 ASSEMBLY BILL NO .
166–Assemblymen Tolles;
166–ASSEMBLYMEN T OLLES ;AND R OBERTS FEBRUARY 15, 2019 ____________ OINT S PONSORS :
and Roberts Joint Sponsors:
SENATORS PICKARD AND S PEARMAN ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to prostitution.
Senators Pickard and Spearman CHAPTER..........
(BDR 15-861) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegExisting law provides that any person who, without consideration, knowingly accepts, receives, levies or appropriates any money or other valuable thing from the proceeds of a prostitute is guilty of a category D felony.
Legislative Counsel’s Digest:
Existing law provides that any person who, without consideration, knowingly accepts, receives, levies or appropriates any money or other valuable thing from the proceeds of a prostitute is guilty of a category D felony.
(1) for a category C felony if physical force or the immediate threat of physical force is used in the commission of the crime;
(1) for a category commission of the crime;
or (2) for a category D felony if no physical force or immSection 1 of this bill establishes the crime of advancing prostitution and provides that a person who owns, leases, operates, controls or manages any business or private property is guilty of such a crime if the person:
or (2) for a category D felony if no physical force or the immediate threat of physical force is used in the commission of the crime.
Section 1 of this bill establishes the crime of advancing prostitution and provides that a person who owns, leases, operates, controls or manages any business or private property is guilty of such a crime if the person:
(2) knows or should know that one or more prostitutes engaging in such illegal prostitution are victims of involuntary servitude;
(2) knows or should know that one or more prostitutes fails to take reasonable steps to abate such illegal prostitution within 30 days after the person knows or should know about such illegal prostitution.
and (3) the person knows or should know about such illegal prostitution.
Unless a greater penalty is provided by specific statute, section 1 provides that a person who is guilty of advancing prostitution shall be punished for a category C felony.
Unless a greaterafter penalty is provided by specific statute, section 1 provides that a person who is guilty of advancing prostitution shall be punished for a category C felony.
Sections 4-18 of this bill include a reference to the crime of advancing prostitution in each section of NRS that references the crime of living from the earnings of a prostitute.
- *AB166_R2* – 2 – Sections 4-18 of this bill include a reference to the crime of advancing prostitution in each section of NRS that references the crime of living from the earnings of a prostitute.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
and (c) Fails to take reasonable steps to abate such illegal prostitution within 30 days after the date on which the person knows the circumstances set forth in paragraphs (a) and (b), is guilty of advancing prostitution.
and - 80th Session (2019) – 2 – (c) Fails to take reasonable steps to abate such illegal prostitution within 30 days after the date on which the person knows the circumstances set forth in paragraphs (a) and (b), is guilty of advancing prostitution.
For the purposes of this section, a person who owns, leases, operates, controls or manages any business or private property shall be deemed:
For the purposes of this section, a person who owns, leases, operates, controls or manages any business or private pro(a) To know that illegal prostitution is being conducted at the business or upon the private property of the person if a law enforcement agency has notified the person who owns, leases, operates, controls or manages the business or private property, in writing, of at least three incidents of illegal prostitution that occurred at the business or upon the private property of the person within a period of 180 consecutive days.
(a) To know that illegal prostitution is being conducted at the business or upon the private property of the person if a law enforcement agency has notified the person who owns, leases, operates, controls or manages the business or private property, in writing, of at least three incidents of illegal prostitution that occurred at the business or upon the private property of the person within a period of 180 consecutive days.
- *AB166_R2* – 3 – (2) Allowed a law enforcement agency to conduct surveillance or an unrestricted undercover operation;
surveillance or an unrestricted undercover operation;
“Prostitute” means a male or female person who for a fee, monetary consideration or other thing of value engages in sexual intercourse, oral-genital contact or any touching of the sexual organs or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either person.
“Prostitute” means a male or female person who for a fee, monetary consideration or other thing of value engages in sexual - 80th Session (2019) – 3 – intercourse, oral-genital contact or any touching of the sexual organs or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either person.
or appropriates any money or other valuable thing, without levies consideration, from the proceeds of any prostitute, is guilty of [a category D felony] living from the earnings of a prostitute and shall be punished :
201.320 1.
A person who knowingly accepts, receives, levies or appropriates any money or other valuable thing, without consideration, from the proceeds of any prostitute, is guilty of [a category D felony] living from the earnings of a prostitute and shall be punished :
2.
without limitation:
Restitution ordered pursuant to this section may include, without limitation:
ordered pursuant to this section may include, (a) The cost of medical and psychological treatment, including, without limitation, physical and occupational therapy and rehabilitation;
- *AB166_R2* – 4 – (a) The cost of medical and psychological treatment, including, without limitation, physical and occupational therapy and rehabilitation;
and (f) Any and all other losses suffered by the victim as a result of the violation of any provision of NRS 201.300 or 201.320 [.] or section 1 of this act.
and - 80th Session (2019) – 4 – (f) Any and all other losses suffered by the victim as a result of the violation of any provision of NRS 201.300 or 201.320 [.] or section 1 of this act.
or (b) Who is the surviving child of such a person.
or Sec.
Sec.
NRS 201.345 is hereby amended to read as follows:
isNRS 201.345 is hereby amended to read as follows:
with the district attorneys of the counties in this State to prosecute any violation of NRS 201.300 or 201.320 [.] or section 1 of this act.
201.345 1.
may commence an investigation and file a criminal action withoutal leave of court and the Attorney General has exclusive charge of the conduct of the prosecution.
The Attorney General has concurrent jurisdiction with the district attorneys of the counties in this State to prosecute any violation of NRS 201.300 or 201.320 [.] or section 1 of this act.
2.
When acting pursuant to this section, the Attorney General may commence an investigation and file a criminal action without leave of court and the Attorney General has exclusive charge of the conduct of the prosecution.
All assets derived from or relating to any violation of NRS 201.300 or 201.320 or section 1 of this act are subject to forfeiture pursuant to NRS 179.121 and a proceeding for their forfeiture may be brought pursuant to NRS 179.1156 to 179.121, inclusive.
All assets derived from or relating to any violation of NRS 201.300 or 201.320 or section 1 of this act are their forfeiture may be brought pursuant to NRS 179.1156 toing for 179.121, inclusive.
Show all 135 changed rows (95 more)
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- *AB166_R2* – 5 – 2.
2.
3.
- 80th Session (2019) – 5 – 3.
Any proceeds derived from a forfeiture of property pursuant to this section and remaining after the distribution required by subsection 1 of NRS 179.118 must be deposited with the county treasurer and distributed to programs for the prevention of child prostitution or for services to victims which are designated to receive such distributions by the district attorney of the county.
Any proceeds derived from a forfeiture of property pursuant to this section and remaining after the distribution required by subsection 1 of NRS 179.118 must be deposited with the county treasurer and distributed to programs for the prevention of child prostitution or for services to victims which are designated to recSec.
Sec.
8.ch NRS 201.352 is hereby amended to read as follows:nty.
8.
NRS 201.352 is hereby amended to read as follows:
If a person is convicted of a violation of subsection 2 of NRS 201.300 or NRS 201.320 [,] or section 1 of committed and physical force or violence or the immediate threat ofs physical force or violence is used upon the child, the court may, in offense and any fine imposed pursuant to subsection 2, impose athe fine of not more than $500,000.
If a person is convicted of a violation of subsection 2 of NRS 201.300 or NRS 201.320 [,] or section 1 of this act, the victim of the violation is a child when the offense is committed and physical force or violence or the immediate threat of physical force or violence is used upon the child, the court may, in addition to the term of imprisonment prescribed by statute for the offense and any fine imposed pursuant to subsection 2, impose a fine of not more than $500,000.
3.
separate offense but provide an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact.
The provisions of subsections 1 and 2 do not create a separate offense but provide an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact.
Sec.
- *AB166_R2* – 6 – Sec.
6.
- 80th Session (2019) – 6 – 6.
False imprisonment pursuant to NRS 200.460 if the false imprisonment involves the use or threatened use of force or violence against the victim or the use or threatened use of a firearm or a deadly weapon.
False imprisonment pursuant to NRS 200.460 if the false against the victim or the use or threatened use of a firearm or ance deadly weapon.
weapon or which results in substantial bodily harm as described in NRS 200.481 or battery which is committed by strangulation as des12.
11.
Battery which is committed with the use of a deadly weapon or which results in substantial bodily harm as described in NRS 200.481 or battery which is committed by strangulation as described in NRS 200.481 or 200.485.
12.
18.
listed in this section.piracy or solicitation to commit an offense Sec.
An attempt, conspiracy or solicitation to commit an offense listed in this section.
Sec.
- *AB166_R2* – 7 – 1.
1.
8.
- 80th Session (2019) – 7 – 8.
14.
another person in violation of NRS 205.463;ying information of 15.
Obtaining and using personal identifying information of another person in violation of NRS 205.463;
15.
17.
Burglary;
Bribery or asking for or receiving a bribe in violation of cha20.
Bribery or asking for or receiving a bribe in violation of chapter 197 or 199 of NRS which is punished as a felony;
20.
Any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;
Any violation of subsection 2 or 3 of NRS 463.360 or cha26.
26.
- *AB166_R2* – 8 – 30.
30.
34.
- 80th Session (2019) – 8 – 34.
Any person who is a victim of human trafficking may bring a civil action against any person who caused, was responsible for or profited from the human trafficking.
Any person who is a victim of human trafficking responsible for or profited from the human trafficking.
2.
was 2.
section may recover actual damages, compensatory damages,er this punitive damages or any other appropriate relief.
4.
If a plaintiff the acts of the defendant were willful and malicious, the court may award treble damages to the plaintiff.
A plaintiff who prevails in an action brought under this section may recover actual damages, compensatory damages, punitive damages or any other appropriate relief.
If a plaintiff recovers actual damages in an action brought under this section and the acts of the defendant were willful and malicious, the court may award treble damages to the plaintiff.
(a) The plaintiff discovers or reasonably should have discovered that he or she is a victim of human trafficking and that the defendant caused, was responsible for or profited from the human trafficking;
(a) The plaintiff discovers or reasonably should have discovered that he or she is a victim of human trafficking and that the defendant cau(b) The plaintiff reaches 18 years of age;
(b) The plaintiff reaches 18 years of age;
or human trafficking;
or (c) If the injury to the plaintiff results from two or more acts relating to the human trafficking, the final act in the series of acts has occurred, whichever is later.
(c) If the injury to the plaintiff results from two or more acts relating to the human trafficking, the final act in the series of acts has occurred, whichever is later.
For the purposes of this subsection, a plaintiff is under a disability if the plaintiff is insane, a person with an intellectual - *AB166_R2* – 9 – disability, mentally incompetent or in a medically comatose or vegetative state.
For the purposes of this subsection, a plaintiff is under a disability if the plaintiff is insane, a person with an intellectual disability, mentally incompetent or in a medically comatose or vegetative state.
A defendant in an action brought under this section is estopped from asserting that the action was not brought within the statute of limitations if the defendant, or any person acting on behalf of the defendant, has induced the plaintiff to delay bringing an action under this section by subjecting the plaintiff to duress, threats, intimidation, manipulation or fraud or any other conduct inducing the plaintiff to delay bringing an action under this section.
A defendant in an action brought under this section is estopped from asserting that the action was not brought within the - 80th Session (2019) – 9 – statute of limitations if the defendant, or any person acting on behalf of the defendant, has induced the plaintiff to delay bringing an action under this section by subjecting the plaintiff to duress, threats, intimidation, manipulation or fraud or any other conduct inducing the plaintiff to delay bringing an action under this section.
(a) Two or more persons may join as plaintiffs in one action if the claims of those plaintiffs involve at least one defendant in common.
(a) Two or more persons may join as plaintiffs in one action if the claims of those plaintiffs involve at least one defendant in com(b) Two or more persons may be joined in one action as defendants if those persons may be liable to at least one plaintiff in common.
(b) Two or more persons may be joined in one action as defendants if those persons may be liable to at least one plaintiff in common.
§ 1589, 159(b) It is not necessary that the defendant be investigated, arrested, prosecuted or convicted for a violation of any provision of section 1 of this act, or 18 U.S.C.
§ 1589, or 1591 has been committed.
(b) It is not necessary that the defendant be investigated, arrested, prosecuted or convicted for a violation of any provision of NRS 200.463 to 200.468, inclusive, 201.300 or 201.320 [,] or section 1 of this act, or 18 U.S.C.
Sec.
179.121 1.RS 17All21 personaly amproperty,reincluding,owswithout limitation, any tool, substance, weapon, machine, computer, money or security, which is used as an instrumentality in any of the following crimes is subject to forfeiture:
13.
NRS 179.121 is hereby amended to read as follows:
179.121 1.
All personal property, including, without limitation, any tool, substance, weapon, machine, computer, money or security, which is used as an instrumentality in any of the following crimes is subject to forfeiture:
- *AB166_R2* – 10 – (d) The commission of any crime by a criminal gang, as defined in NRS 213.1263;
(d) The commission of any crime by a criminal gang, as defined in NRS 213.1263;
or (e) A violation of NRS 200.463 to 200.468, inclusive, 201.300, 201.320, 202.265, 202.287, 205.473 to 205.513, inclusive, 205.610 to 205.810, inclusive, 370.380, 370.382, 370.395, 370.405, 465.070 to 465.086, inclusive, 630.400, 630A.600, 631.400, 632.285, 632.291, 632.315, 633.741, 634.227, 634A.230, 635.167, 636.145, 637.090, 637B.290, 639.100, 639.2813, 640.169, 640A.230, 644A.900 or 654.200 [.] or section 1 of this act.
or - 80th Session (2019) – 10 – (e) A violation of NRS 200.463 to 200.468, inclusive, 201.300, 201.320, 202.265, 202.287, 205.473 to 205.513, inclusive, 205.610 to 205.810, inclusive, 370.380, 370.382, 370.395, 370.405, 465.070 to 465.086, inclusive, 630.400, 630A.600, 631.400, 632.285, 632.291, 632.315, 633.741, 634.227, 634A.230, 635.167, 636.145, 637.090, 637B.290, 639.100, 639.2813, 640.169, 640A.230, 644A.900 or 654.200 [.] or section 1 of this act.
Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301 or 501.3857, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony or a violation of NRS 202.287, 202.300 or 465.070 to 465.086, inclusive, are subject to forfeiture except that:
Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301 or 501.3857, all conveyances, including during the commission of a felony or a violation of NRS 202.287,e 202.300 or 465.070 to 465.086, inclusive, are subject to forfeiture except that:
(b) A conveyance is not subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without the owner’s knowledge, con(c) A conveyance is not subject to forfeiture for a violation of NRS 202.300 if the firearm used in the violation of that section was not(d) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the felony.
(b) A conveyance is not subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without the owner’s knowledge, consent or willful blindness;
If a conveyance is forfeited, the appropriate law enforcement agency may pay the existing balance and retain the conveyance for official use.
(c) A conveyance is not subject to forfeiture for a violation of NRS 202.300 if the firearm used in the violation of that section was not loaded at the time of the violation;
3.
and (d) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the felony.
If a conveyance is forfeited, the appropriate law enforcement agency use.pay the existing balance and retain the conveyance for official 3.
- *AB166_R2* – 11 – Sec.
- 80th Session (2019) – 11 – Sec.
3.
unless the offender is the parent or guardian of the victim..4631, 4.
Involuntary servitude of a child pursuant to NRS 200.4631, unless the offender is the parent or guardian of the victim.
An offense involving sex trafficking pursuant to subsection of NRS 201.300 or prostitution pursuant to NRS 201.320 [.] or section 1 of this act.
4.
An offense involving sex trafficking pursuant to subsection 2 of NRS 201.300 or prostitution pursuant to NRS 201.320 [.] or section 1 of this act.
An offense against a child committed in another jurisdiction, if the person who committed the offense resides or has resided or isn, or has been a student or worker in any jurisdiction in which the register as an offender who has committed a crime against a childo because of the offense.
An offense against a child committed in another jurisdiction, whether or not the offense would be an offense listed in this section, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as an offender who has committed a crime against a child because of the offense.
This subsection includes, without limitation, an offense prosecuted in:
This subsection includes, without limitation, an (a) A tribal court.in:
(a) A tribal court.
(b) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation;
- 80th Session (2019) – 12 – (b) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation;
- *AB166_R2* – 12 – (c) An offense involving sex trafficking pursuant to NRS 201.300 or prostitution pursuant to NRS 201.320 [;] or section 1 of this act;
(c) An offense involving sex trafficking pursuant to NRS 201.300 or prostitution pursuant to NRS 201.320 [;] or section 1 of this act;
§ 20911(3);
§ 2092.(3)Involves an attempt or conspiracy to commit any offense described in subsection 1;
2.
Involves an attempt or conspiracy to commit any offense described in subsection 1;
primarily characterized by the expectation of affectional or sexual involvement.
1.
The term does not include a casual relationship or an ord2.ary“Division” means the Division of Child and Family Servicesxt.
“Dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement.
of the Department of Health and Human Services.
The term does not include a casual relationship or an ordinary association between persons in a business or social context.
3.
of the Department of Health and Human Services.and Family Services 3.
(3) Compelling the other by force or threat of force to perform an act from which he or she has the right to refrain or to refrain from an act which he or she has the right to perform.
- 80th Session (2019) – 13 – (3) Compelling the other by force or threat of force to perform an act from which he or she has the right to refrain or to refrain from an act which he or she has the right to perform.
- *AB166_R2* – 13 – (5) A knowing, purposeful or reckless course of conduct intended to harass the other.
(5) A knowing, purposeful or reckless course of conduct intended to harass the other.
(III) Trespassing.
(IV) Larceny.sing.
(IV) Larceny.
“Victim of human trafficking” means a person who is a vic(a) Involuntary servitude as set forth in NRS 200.463 or 200.464.
“Victim of human trafficking” means a person who is a victim of:
(a) Involuntary servitude as set forth in NRS 200.463 or 200(b) A violation of any provision of NRS 200.465.
Sec.
- 80th Session (2019) – 14 – Sec.
- *AB166_R2* – 14 – 4.
4.
5.
A violation of NRS 201.320 [.] or section 1 of this act.
NRS 432.157 is hereby amended to read as follows:
NRS 432.157 is hereby amended to read as follows:ct.
(c) Recommend legislation concerning missing or exploited children;
(c) Recommend legislation concerning missing or exploited chi(d) Investigate and prosecute any alleged crime involving the exploitation of children, including, without limitation, sex trafficking in violation of subsection 2 of NRS 201.300 or a violation of NRS 201.320 [.] or section 1 of this act.
and (d) Investigate and prosecute any alleged crime involving the trafficking in violation of subsection 2 of NRS 201.300 or a violation of NRS 201.320 [.] or section 1 of this act.
5.
or local law enforcement agency in this state shall provide allorney information and assistance necessary to assist the Children’s Advocate in carrying out the provisions of this section.
Upon request by the Children’s Advocate, a district attorney or local law enforcement agency in this state shall provide all information and assistance necessary to assist the Children’s Advocate in carrying out the provisions of this section.
Any money received by the Children’s Advocate must be deposited in the Special Account for the Support of the Office of Advocate for Missing or Exploited Children, which is hereby created in the State General Fund.
Any money received by the Children’s Advocate must be deposited in the Special Account for the Support - 80th Session (2019) – 15 – of the Office of Advocate for Missing or Exploited Children, which is hereby created in the State General Fund.
- *AB166_R2* – 15 – 9.
Account and must not revert to the State General Fund at the end of any fiscal year.
Money in the Special Account must remain in the Special Account and must not revert to the State General Fund at the end of any fiscal year.
approval.0.
Sec.
This act becomes effective upon passage and H - *AB166_R2*
20.
This act becomes effective upon passage and approval.
~~~~~ 19 - 80th Session (2019)
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Amendments

2 amendments

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Action History

  1. Approved by the Governor. Chapter 423.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment No. 805 concurred in. To enrollment.

  4. In Assembly.

  5. From printer. To re-engrossment. Re-engrossed. Second reprint. Read third time. Passed, as amended. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  6. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 805.) To printer.

  7. In Senate. Read first time. Referred to Committee on Judiciary. To committee.

  8. Read third time. Passed, as amended. Title approved. (Yeas: 39, Nays: 2, Excused: 1.) To Senate.

  9. From printer. To engrossment. Engrossed. First reprint. Taken from General File. Placed on General File for next legislative day.

  10. Read second time. Amended. (Amend. No. 301.) To printer.

  11. From committee: Amend, and do pass as amended.

  12. Notice of eligibility for exemption.

  13. From printer. To committee.

  14. Read first time. Referred to Committee on Judiciary. To printer.

Sponsors

Sponsorship breakdown

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4 sponsors · 0 co-sponsors · 63 not signed on

Sponsors (4)

Co-sponsors (0)

None.

Not signed on (63)

63 members have not signed on to this bill.

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"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.

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Frequently asked questions

What does AB 166 do?
AN ACT relating to crimes; establishing the crime of advancing prostitution; revising the penalties for the crime of living from the earnings of a prostitute; providing penalties; and providing other matters properly relating thereto.
Who sponsors AB 166?
AB 166 is sponsored by Assemblyman Tom Roberts, Pat Spearman, Keith Pickard, and Jill Tolles.
What is the current status of AB 166?
This bill has been enacted into law. Introduced February 15, 2019. Enacted.
Where can I track AB 166?
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