Porterville City Council
May 7, 2024

RESOLUTION NO. ____-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE APPROVING AMENDMENT NO. 2 TO THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM 5-YEAR PLAN AND AUTHORIZING SUBMITTAL OF THE

AMENDMENT TO THE CALIFORNIA DEPARTMENT OF

HOUSING AND COMMUNITY DEVELOPMENT
The City Council of the City of Porterville, a municipality ("Applicant/Grantee") hereby consents to, adopts, and ratifies the following resolution:

WHEREAS, in 2017, Senate Bill 2 (the Building Homes and Jobs Act) created the Permanent Local Housing Allocation (PLHA) program. The California Department of Housing and Community Development (HCD) announced the availability of approximately $195 million in funding for the PLHA program Entitlement and Nonentitlement Local government formula component Notice of Funding Availability (NOFA).

These NOFAs are funded from moneys deposited in the Building Homes and Jobs Trust Fund (Fund) in calendar year 2019, 2020 and 2021, thus far; WHEREAS, funding for this NOFA is provided pursuant to Senate Bill (SB) 2 (Chapter 364, Statutes of 2017). SB 2 established the Fund and authorizes the Department to allocate 70 percent of moneys collected and deposited in the Fund, beginning in calendar year 2019, to Local governments for eligible housing and homelessness activities. The intent of the bill is to provide a permanent, ongoing source of funding to Local governments for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities; WHEREAS, The City of Porterville is considered an Entitlement Local government, and was eligible for a 2019, 2020 and 2021 formula allocation of PLHA funds in the amount of $342,754, $532,745, and $586,270, respectively. The PLHA five-year formula allocation amount is $2,056,524;
WHEREAS, in order to participate in the formula allocation, the City of Porterville was required to develop a five-year plan detailing the manner in which allocated funds will be used for eligible activities, which was submitted to HCD by the July 27, 2020 deadline and approved by HUD. Amendment No. 1 to the five-year plan was approved in 2021;
WHEREAS, the City of Porterville published a Request for Proposals (RFP) to partner with community agencies as sub-recipients of the grant funds to carry out the activities of the approved programs;
WHEREAS, the City of Porterville received the executed Standard Agreement on February 23, 2023, approving the application submitted and the 5-Year PLHA Plan previously submitted to HCD in response to the above referenced NOFA; Resolution No. ___-2024

WHEREAS, the City of Porterville received and finalized the review of the RFP proposals, which identified a need to reallocate funds within the approved PLHA 5-Year Plan;
WHEREAS, the approved plan may be reallocated among eligible activities with minor amendments for changes of less than 10% of each activity’s allocation, or major amendments which will require proper notice, a public hearing, and final approval from the Council and HCD. Since the proposed category reallocation is more than a 10% change within activities, this triggers the major amendment rules; WHEREAS, the City of Porterville, opened a 10-day public comment and review period, to give the public the opportunity to review the proposed amendment to the PLHA 5-Year Plan and provide comments, on February 23, 2024; and WHEREAS, the City Council of the City of Porterville, at its regular scheduled meeting of May 7, 2024, conducted a public hearing which opened at ___ p.m. and closed at ___ p.m. to receive comments and to consider an amendment to the PLHA 5-Year Plan, where no comments were received or comments received are summarized in attachment 2.

WHEREAS, Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.

WHEREAS, Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

NOW, THEREFORE, BE IT RESOLVED: That the Porterville City Council does hereby approve and adopt the amended 5-Year Permanent Local Housing Allocation Plan as provided in Exhibit "A" and authorize staff to submit the amendment to the 5-Year PLHA Plan with the following parameters and:

1. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA $2,056,524 in accordance with all applicable rules and laws.

Resolution No. ___-2024

3. Applicant hereby agrees to use the PLHA funds only for Eligible Activities as approved by the Department and in accordance with all Program requirements, PLHA Program Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement, its Application, and other contracts between the Applicant and the Department.

4. Pursuant to Sections 302(c)(4) and 302(c)(5) of the Guidelines, Applicant’s PLHA Plan Amendment for the 2020-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan Amendment and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.

5. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines, and any other applicable SB 2 guidelines published by the Department.

6. The Mayor or her/his designee, is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.

PASSED, APPROVED AND ADOPTED this 7th day of May 2024.
_______________________________
Martha A. Flores, Mayor
ATTEST:

Patrice Hildreth, City Clerk
By: _________________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Item No. 17.

CITY COUNCIL AGENDA – MAY 7, 2024
SUBJECT: Substantial Amendment to the 2023/2024 Action Plan for use of Community Development Block Grant (CDBG) Funds
SOURCE: Community Development
COMMENT: As an entitlement grantee, the City of Porterville (City) receives federal formula Community Development Block Grant (CDBG) funding through the U.S.

Department of Housing and Urban Development (HUD). This entitlement provides the City with an annual direct grant, to provide decent affordable housing, a suitable living environment and to expand economic opportunities, primarily for low to moderate income (LMI) persons/households. Annual action plans are adopted on the use of those funds. Entitlement grantees must have a balance no greater than one and one-half (1.5) times its annual grant remaining in the Line of Credit, 60 days prior to the end of the program year.

A substantial amendment to an action plan is triggered whenever one of the following is proposed: a change in the allocation priorities or a change in the method of fund distribution; or a substantial change which increases or decreases the amount allocated to a category of funding within the City’s entitlement grant programs by 25 percent; or to implement an activity using CDBG funds for new programs that were not described in the Consolidated Plan; or to change the purpose or intended beneficiaries of an activity approved for CDBG funding.

The city identified a need to reallocate funds in order to meet the 1.5 timeliness rule. The amount of funds needed to be reallocated exceeded the 25 percent limit that would trigger a substantial amendment to the 23/24 Action Plan.

A Public Notice was issued on April 5, 2024, indicating that $279,864 would be reallocated from the Multi-Sport Field Improvement project to the Section 108 Loan repayment activity.

After the initiation of the substantial amendment process and publishing of the draft for a 30-day comment period, HUD advised city staff to submit a minor amendment while the substantial amendment was in progress as the date of the second public hearing and Council Meeting fell after the May 2nd, 2024 deadline. The minor amendment was submitted to and accepted by HUD on April 26, 2024.

With the approval of the minor amendment which allowed the City to reallocate $184,856 of the proposed $279,864 from the 23/24 AP Entitlement listed above; only $95,008 needs to be reallocated through this substantial amendment Item No. 17.
process.

The funding recommendation made by the City of Porterville CDBG Citizens’ Advisory and Housing Opportunity Committee (Committee) at its meeting on April 18, 2024, (prior to the minor amendment approval) is being presented tonight. The recommendation is based on feedback received through outreach conducted in accordance with the Citizen Participation Plan, including a community meeting, a Public Hearing meeting, and a 30-day public comment and review period. As of the writing of this staff report, no comments have been received.

A description of the reallocation is detailed in the Draft 2023/24 Action Plan Amendment, with added language to incorporate the recently approved minor amendment. The Proposed Amendment Detail is provided as Exhibit A to the attached draft resolution.

APPROVED 23/24 ACTION PLAN
Activity Budget Source
Multi-Sport Field
Improvement Project
$279,864 23/24 AP Entitlement
Section 108 Loan
Repayment
$0 23/24 AP Entitlement
Total $279,864
APPROVED MINOR AMENDMENT 23/24 ACTION PLAN (4/26/2024)
(25% - $1 of entitlement allocation)
Activity Budget Source
Multi-Sport Field
Improvement Project
$95,008 23/24 AP Entitlement
Section 108 Loan
Repayment
$184,856 23/24 AP Entitlement
Total $279,864
PROPOSED SUBSTANTIAL AMENDMENT 23/24 ACTION PLAN
Activity Budget Source
Multi-Sport Field
Improvement Project
$0 23/24 AP Entitlement
Section 108 Loan
Repayment
$95,008 23/24 AP Entitlement
Total $279,864* *when including minor
amendment
RECOMMENDATION: That the City Council:

1. Adopt the draft resolution approving the proposed
substantial amendment to the 2023/2024 Action Plan; and Item No. 17.

2. Direct staff to submit the amendment to the 2023/2024 Action Plan to HUD.

ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Acting Community Development Director Final Approver: Patrice Hildreth, City Manager
RESOLUTION NO ___-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE APPROVING THE 2023/2024 ACTION PLAN AMENDMENT AND PROPOSED USE

OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
BE IT HEREBY RESOLVED that the City Council of the City of Porterville does hereby approve the 2023/2024 Action Plan Amendment, attached as Exhibit A, and proposed use of Community Development Block Grant Funds with proposed changes for the 2023/2024 Program Year Entitlement and Program Income Allocations as follows:

Approved 2023/24 Action Plan Allocation Source
Multi-Sport Field Improvement Project $279,864 23/24 AP Entitlement Section 108 Loan Repayment $0 23/24 AP
Entitlement
Total $279,864
Amendment 2023/24 Action Plan Allocation Source
Section 108 Loan Repayment $95,008 23/24 AP Entitlement $184,856* 23/24 AP Entitlement
Multi-Sport Field Improvement Project $0 23/24 AP Entitlement Total $279,864
*Reallocated via a minor amendment accepted by HUD on 4/26/2024.

PASSED, APPROVED AND ADOPTED this 7th day of May, 2024.

________________________________
Martha A. Flores, Mayor
ATTEST:

BY
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk

EXHIBIT A

AMENDMENT TO THE CDBG
2023/24 ANNUAL ACTION PLAN
30- Day Public Comment Review Period
April 5, 2024 to May 7, 2024

EXECUTIVE SUMMARY
A Substantial Amendment to the 2023/2024 AP is being proposed to add an activity for repayment of the Section 108 loan; and to re-allocate $279,864 in 2023 entitlement funds from the Multi-Sport Field Improvement Project to the Section 108 loan repayment, as the sale of the Heritage Center has not finalized and the repayment was to be paid with the sale proceeds. The total of funds that need to be reprogrammed is $279,864.

After the initiation of the substantial amendment process and publishing of the draft for a 30-day comment period, the city identified a need to reallocate funds in order to meet the

1.5 timeliness rule, which states that entitlement grantees must have a balance no greater than one and one-half (1.5) times its annual grant remaining in the Line of Credit, 60 days prior to the end of the program year. HUD advised city staff to submit a minor amendment while the substantial amendment was in progress as the date of the second public hearing and Council Meeting fell after the May 2nd, 2024, deadline to meet the timeliness rule.

The minor amendment was submitted to and accepted by HUD on April 26, 2024.

With the approval of the minor amendment, the City was able to reallocate $184,856 of the proposed $279,864 from the 23/24 AP Entitlement; the remaining balance of $95,008 needs to be reallocated through this substantial amendment process.

CITIZEN PARTICIPATION
On May 7, 2024, a Public Meeting will be held during the normally scheduled City Council meeting, commencing at 6:30 PM, or soon thereafter. The options for participation are virtual attendance via Zoom and in-person at 291 N. Main Street. Zoom participation details can be found on the City Council Agenda which is posted to the City’s website 72 hours prior to the meeting at
https://www.ci.porterville.ca.us/government/city_council/meeting_agendas___minutes.p hp.

Additionally, until further notice, Porterville City Council Meetings will be live streamed on YouTube at https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA Comments to the Amendment may be submitted, before the meeting via email to [email protected]. Members of the public are encouraged to submit comments prior to 6:30 p.m., Tuesday, May 7, 2024, to participate in said meeting. The comments read during the Council meeting will be incorporated into the official record.

A. PUBLIC COMMENTS

EXHIBIT A
In accordance with the current Citizen Participation Plan approved by the U. S.

Department of Housing and Urban Development (HUD), the City of Porterville must publish the documents for no less than 30 calendar days for public comment before it is submitted to HUD.

The public notice was published in English and Spanish on April 5, 2024, announcing the thirty (30) day comment and review period through the close of business May 7, 2024.

Summary of Public Comments Received:

Community Meeting and CDBG Advisory and Housing Committee Meeting and Public Hearing April 18, 2024
No public comments were received.
30-Day Public Review & Comment Period
Public comments received during the comment period will be included in this section.

Public Hearing May 7, 2024
Public comments received during this meeting will be included in this section.

Outreach
Social media outreach regarding the draft amendment, review and comment period, community meeting, and public hearings was shared on various City accounts.

Additional outreach and any additional public comments received during the 30-day comment period will be updated to this section prior to submission to HUD.

B. AMENDMENT DETAIL
Minor Amendment (4/26/2024)
Activity Amendment
Category
Funding
Source/Year
Reallocated
From
Amount
1 Section 108
Loan
Repayment
Change of
Use
PY 2023 -
Entitlement
Multi-Sport
Field
Improvement
Project
$184,856
Reallocating the 2023 EN from Multi-Sport Field Improvement Project to Section 108 Loan Repayment to meet 1.5 timeliness rule. The final loan payment was to be paid with proceeds from the sale of the Heritage Center, however the sale of the Heritage Center is still pending.

Substantial Amendment
Activity Amendment
Category
Funding
Source/Year
Reallocated
From
Amount
1 Section 108
Loan
Repayment
Change of
Use
PY 2023 -
Entitlement
Multi-Sport
Field
Improvement
$95,008

EXHIBIT A
Project
Reallocating the remaining 2023 EN from Multi-Sport Field Improvement Project to Section 108 Loan Repayment.

Item No. 18.

CITY COUNCIL AGENDA – MAY 7, 2024
SUBJECT: Consideration of Vacation of a Portion of College Avenue SOURCE: Engineering and Project Management
COMMENT: This is the time and place set for the hearing on the proposed vacation of an improved segment of College Avenue at Main Street. Porterville College is implementing their Facilities Master Plan for the campus and as part of that plan, the circulation of College Avenue would no longer extend directly onto Main Street as a new road (Triunfo Avenue) is planned to connect Main Street and Plano Street south of Jamison Stadium and the remainder of College Avenue would veer south as College Way to connect to Triunfo Avenue. The College Way and Triunfo Avenue roadways are currently being constructed by Porterville College to City Standards.

College Avenue was conveyed to the County of Tulare for road purposes as recorded September 30, 1950 in Book 1471, Page 300, Tulare County Official Records, which was then transferred to the City through the annexation of the area, recorded June 17, 1970 (Resolution 5914, Annex Tract 144). The City has the authority to vacate this street segment under Section 8320 & Section 8330, Part 3, Division 9 of the Street and Highways Code of the State of California.

Porterville College has the sole proprietary interest in the property fronting College Avenue, and they are also the requesting party for the street vacation.

Staff believes there are no problems with any other reversionary rights. The street vacation is necessary for the proposed development of the Porterville College Facilities Master Plan.

Should the City Council approve the vacation of the segment of College Avenue at Main Street, the vacation would only be recorded upon acceptance of the two proposed roadways; College Way and Triunfo Avenue, and the recordation of an easement for the utilities that exist within the boundaries of the segment of College Avenue that is to be vacated. At that time, the City Clerk will process the recordation of the Resolution of Vacation and required utilities easement.

RECOMMENDATION: That the City Council:

1. Open the Public Hearing and take comments for their
consideration; and

2. Consider providing direction of staff to bring forward a Resolution Ordering the Vacation of an improved segment of College Avenue as part of the acceptance of the two new Item No. 18.
roadways, College Way and Triunfo Avenue, the recordation of an easement for the utilities that exist within the boundaries of the segment of College Avenue that is to be vacated, and authorize the City Clerk to record the Resolution of Vacation and required utilities easement at that time; or

3. Provide direction on how Council would like to proceed with the matter.

ATTACHMENTS: 1. Locator Map

2. Porterville College Facilities Master Plan Exhibit

3. Legal Description
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager
© 2024 Microsoft Corporati

AREA TO BE VACATED

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 PROPOSED COLLEGE AVE

VACATION
HIGHWAY 190

S MAIN ST

E COLLEGE AVE
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Item No. 18.

CITY COUNCIL AGENDA – MAY 7, 2024
SUBJECT: Consider a Letter of Support for Senate Bill 1414 (Grove); Crimes: Solicitation of a minor
SOURCE: City Manager's Office
COMMENT: During Other Matters at its meeting on April 17, 2024, the City Council approved Council Member Meister’s request to discuss Senate Bill 1414 (SB 1414), as a Scheduled matter at its meeting on May 7, 2024.

Senator Shannon Grove introduced SB 1414 in February along with two of her colleagues, Senators Anna Caballero and Susan Rubio. SB 1414 proposes strengthening protections for minor victims by making the act of soliciting, agreeing to engage in or engaging in any form of commercial sex with a child a felony offense, with sex offender registry required on repeat offenses.

Under existing law, a person who solicits, or who agrees to engage in, or who engages in, any act of prostitution with the intent to receive compensation, money, or anything of value from another person is guilty of disorderly conduct, a misdemeanor.

This bill is currently in committee process, and as amended by the Public Safety Committee would require that the defendant who solicited the minor be 18 years of age or older. The bill would, if the person solicited was under 16 years of age, make the offense punishable as a wobbler by imprisonment in the county jail for not more than one year and a fine not to exceed $10,000 or by imprisonment in the county jail for 16 months or 2 or 3 years.

Existing law also requires persons convicted of certain specified crimes to annually register as a sex offender, as specified, for a term of 10, 20, or 30 years. This bill would require a person, who is 18 years of age or older, on or after January 1, 2025, is convicted of, and who has a prior conviction for, soliciting a minor, as specified, to annually register as a sex offender for a term of 10 years if, at the time of the offense, the person was more than 10 years older than the solicited minor.

RECOMMENDATION: That the City Council consider the draft Letter of Support for Senate Bill 1414 (Grove): Crimes: Solicitation of a minor ATTACHMENTS: 1. Draft Letter of Support - SB 1414

2. Bill Text - SB-1414 Crimes: Solicitation of a Minor

3. Bill Status - SB-1414 Crimes: Solicitation of a Minor Item No. 18.

4. Senate Committee on Public Safety
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, City Manager
Final Approver: Patrice Hildreth, City Manager
May 7, 2024
The Honorable Senator Shannon Grove
Re: Letter in support of SB 1414 – Crimes: Solicitation of a Minor Dear Senator Grove,
On behalf of the Porterville City Council, please accept this letter in support of Senate Bill 1414 – Crimes: Solicitation of a Minor, which seeks to strengthen protections for minor victims by making the act of soliciting, agreeing to engage in or engaging in any form of commercial sex with a child a felony offense.

Human trafficking, especially sex trafficking, severely violates innocent children, causing a lifetime of trauma and suffering. Sadly, our state ranks among the top in the nation for this crime. SB 1414 will make it a felony to solicit, agree to engage or engage in sex with minors for money. Buying a child for sex should be classified as the serious crime it is.

By increasing the crime classification from a misdemeanor to a felony, imposing longer sentences and higher fines, perpetrators will receive a strong message that exploitation of our children will not be tolerated.

A 2021 Federal Human Trafficking Report shows that 66% of sex trafficking cases in the U.S. were minors. We must fight to protect our most vulnerable Californians, especially our children and strengthen protections for all victims by increasing the penalties for those who buy and sell human beings.

SB 1414 is critical in combating human trafficking and will send a strong message that California stands firm in protecting our children.

We support SB 1414 as proposed by Senator Grove in the Senate Public Safety Committee.

Thank you for your valuable time and attention to this correspondence.

Sincerely,
Porterville City Council
By: ___________________
Martha A. Flores, Mayor
SHARE THIS: Date Published: 04/22/2024 02:00 PM
SENATE BILL NO. 1414
SB-1414 Crimes: solicitation of a minor. (2023-2024)
AMENDED IN SENATE APRIL 22, 2024
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Introduced by Senators Grove, Caballero, and Rubio
February 16, 2024
An act to amend Sections 290 and 647 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST
SB 1414, as amended, Grove. Crimes: solicitation of a minor.

Under existing law, a person who solicits, or who agrees to engage in, or who engages in, any act of prostitution with the intent to receive compensation, money, or anything of value from another person is guilty of disorderly conduct, a misdemeanor.

Under existing law, if the person solicited was a minor, and the person who solicited the minor knew or reasonably should have known that the person solicited was a minor, the offense is punishable by imprisonment in the county jail for a mandatory minimum of 2 days and not to exceed one year, by a fine not to exceed $10,000 or by both such fine and imprisonment.

This bill would instead, if the person solicited was a minor, regardless of whether or not the person knew or reasonably should have known that the person solicited was a minor, make the offense punishable by imprisonment in the state prison for 2, 3, or 4 years, and a fine not to exceed $25,000. also require that the defendant who solicited the minor be 18 years of age or older. The bill would, if the person solicited was under 16 years of age, make the offense punishable as a wobbler by imprisonment in the county jail for not more than 1 year and a fine not to exceed $10,000 or by imprisonment in the county jail for 16 months or 2 or 3 years. For a 2nd or subsequent offense, if the person solicited was under 16 years of age, the bill would require that the offense be punishable as a felony by imprisonment in the county jail for 16 months or 2 or 3 years.

By changing the elements and increasing the punishment of a crime, this bill would impose a state-mandated local program.

Existing law requires persons convicted of certain specified crimes to annually register as a sex offender, as specified, for a term of 10, 20, or 30 years.

Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites This bill would require a person who, who is 18 years of age or older, on or after January 1, 2025, is convicted of of, and who has a prior conviction for, soliciting a minor, as specified, to annually register as a sex offender for a term of 10 years. years if, at the time of the offense, the person was more than 10 years older than the solicited minor.

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.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 290 of the Penal Code is amended to read:
290. (a) Sections 290 to 290.024, inclusive, shall be known, and may be cited, as the Sex Offender Registration Act. All references to “the Act” in those sections are to the Sex Offender Registration Act. (b) Every person described in subdivision (c), for the period specified in subdivision (d) while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall register with the chief of police of the city in which the person is residing, or the sheriff of the county if the person is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if the person is residing upon the campus or in any of its facilities, within five working days of coming into, or changing the person’s residence within, any city, county, or city and county, or campus in which the person temporarily resides, and shall register thereafter in accordance with the Act, unless the duty to register is terminated pursuant to Section 290.5 or as otherwise provided by law. (c) (1) The following persons shall register:

Every person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape, or any act punishable under Section 286, 287, 288, or 289 or former Section 288a, Section 207 or 209 committed with intent to violate Section 261, 286, 287, 288, or 289 or former Section 288a, Section 220, except assault to commit mayhem, subdivision (b) or (c) of Section 236.1, Section 243.4, Section 261, paragraph (1) of subdivision (a) of former Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 287, 288, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, or former Section 288a, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the offenses described in this subdivision; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the offenses described in this subdivision. (2) (A) Every person A person who is 18 years of age or older, is convicted on or after January 1, 2025, of a violation of paragraph (3) of subdivision (b) of, or of subdivision (l) of, Section 647 shall register. paragraph (2) of subdivision (l) of Section 647, and has a prior conviction for a violation of subparagraph (A) of paragraph (2) of subdivision (l) of Section 647 shall register if, at the time of the offense, the person was more than 10 years older than the solicited minor, as measured from the minor’s date of birth to the person’s date of birth, and the conviction is the only one requiring the person to register. (B) This paragraph does not preclude the court from requiring a person to register pursuant to Section 290.006.
(3) Notwithstanding paragraph (1), a person convicted of a violation of subdivision (b) of Section 286, subdivision (b) of Section 287, or subdivision (h) or (i) of Section 289 shall not be required to register if, at the time of the offense, the person is not more than 10 years older than the minor, as measured from the minor’s date of birth to the person’s date of birth, and the conviction is the only one requiring the person to register.

This paragraph does not preclude the court from requiring a person to register pursuant to Section 290.006. (d) A person described in subdivision (c), or who is otherwise required to register pursuant to the Act shall register for 10 years, 20 years, or life, following a conviction and release from incarceration, placement, commitment, or release on probation or other supervision, as follows:
(1) (A) A tier one offender is subject to registration for a minimum of 10 years. A person is a tier one offender if the person is required to register for conviction of a misdemeanor described in subdivision (c), or for conviction of a felony described in subdivision (c) that was not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7. (B) This paragraph does not apply to a person who is subject to registration pursuant to paragraph (2) or (3).
(2) (A) A tier two offender is subject to registration for a minimum of 20 years. A person is a tier two offender if the person was convicted of an offense described in subdivision (c) that is also described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7, Section 285, subdivision (g) or (h) of Section 286, subdivision (g) or (h) of Section 287 or former Section 288a, subdivision (b) of Section 289, or Section 647.6 if it is a second or subsequent conviction for that offense that was brought and tried separately. (B) This paragraph does not apply if the person is subject to lifetime registration as required in paragraph (3).
(3) A tier three offender is subject to registration for life. A person is a tier three offender if any one of the following applies:
(A) Following conviction of a registerable offense, the person was subsequently convicted in a separate proceeding of committing an offense described in subdivision (c) and the conviction is for commission of a violent felony described in subdivision (c) of Section 667.5, or the person was subsequently convicted of committing an offense for which the person was ordered to register pursuant to Section 290.006, and the conviction is for the commission of a violent felony described in subdivision (c) of Section 667.5. (B) The person was committed to a state mental hospital as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. (C) The person was convicted of violating any of the following:
(i) Section 187 while attempting to commit or committing an act punishable under Section 261, 286, 287, 288, or 289 or former Section 288a.
(ii) Section 207 or 209 with intent to violate Section 261, 286, 287, 288, or 289 or former Section 288a. (iii) Section 220.
(iv) Subdivision (b) of Section 266h.
(v) Subdivision (b) of Section 266i.
(vi) Section 266j.
(vii) Section 267.
(viii) Section 269.
(ix) Subdivision (b) or (c) of Section 288.
(x) Section 288.2.
(xi) Section 288.3, unless committed with the intent to commit a violation of subdivision (b) of Section 286, subdivision (b) of Section 287 or former Section 288a, or subdivision (h) or (i) of Section 289. (xii) Section 288.4.
(xiii) Section 288.5.
(xiv) Section 288.7.
(xv) Subdivision (c) of Section 653f.
(xvi) Any offense for which the person is sentenced to a life term pursuant to Section 667.61. (D) The person’s risk level on the static risk assessment instrument for sex offenders (SARATSO), pursuant to Section 290.04, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument. (E) The person is a habitual sex offender pursuant to Section 667.71. (F) The person was convicted of violating subdivision (a) of Section 288 in two proceedings brought and tried separately.
(G) The person was sentenced to 15 to 25 years to life for an offense listed in Section 667.61. (H) The person is required to register pursuant to Section 290.004. (I) The person was convicted of a felony offense described in subdivision (b) or (c) of Section 236.1. (J) The person was convicted of a felony offense described in subdivision (a), (c), or (d) of Section 243.4. (K) The person was convicted of violating paragraph (2), (3), or (4) of subdivision (a) of Section 261 or was convicted of violating Section 261 and punished pursuant to paragraph (1) or (2) of subdivision (c) of Section 264.
(L) The person was convicted of violating paragraph (1) of subdivision (a) of former Section 262. (M) The person was convicted of violating Section 264.1. (N) The person was convicted of any offense involving lewd or lascivious conduct under Section 272. (O) The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 286.
(P) The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 287 or former Section 288a.
(Q) The person was convicted of violating paragraph (1) of subdivision (a) or subdivision (d), (e), or (j) of Section 289.
(R) The person was convicted of a felony violation of Section 311.1 or 311.11 or of violating subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, or 311.10. (4) (A) A person who is required to register pursuant to Section 290.005 shall be placed in the appropriate tier if the offense is assessed as equivalent to a California registerable offense described in subdivision (c). (B) If the person’s duty to register pursuant to Section 290.005 is based solely on the requirement of registration in another jurisdiction, and there is no equivalent California registerable offense, the person shall be subject to registration as a tier two offender, except that the person is subject to registration as a tier three offender if one of the following applies:
(i) The person’s risk level on the static risk assessment instrument (SARATSO), pursuant to Section 290.06, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument.
(ii) The person was subsequently convicted in a separate proceeding of an offense substantially similar to an offense listed in subdivision (c) which is also substantially similar to an offense described in subdivision (c) of Section 667.5, or is substantially similar to Section 269 or 288.7. (iii) The person has ever been committed to a state mental hospital or mental health facility in a proceeding substantially similar to civil commitment as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(5) (A) The Department of Justice may place a person described in subdivision (c), or who is otherwise required to register pursuant to the Act, in a tier-to-be-determined category if the appropriate tier designation described in this subdivision cannot be immediately ascertained. An individual placed in this tier-to-bedetermined category shall continue to register in accordance with the Act. The individual shall be given credit toward the mandated minimum registration period for any period for which the individual registers. (B) The Department of Justice shall ascertain an individual’s appropriate tier designation as described in this subdivision within 24 months of the individual’s placement in the tier-to-be-determined category. (e) The minimum time period for the completion of the required registration period in tier one or two commences on the date of release from incarceration, placement, or commitment, including any related civil commitment on the registerable offense. The minimum time for the completion of the required registration period for a designated tier is tolled during any period of subsequent incarceration, placement, or commitment, including any subsequent civil commitment, except that arrests not resulting in conviction, adjudication, or revocation of probation or parole shall not toll the required registration period. The minimum time period shall be extended by one year for each misdemeanor conviction of failing to register under this act, and by three years for each felony conviction of failing to register under this act, without regard to the actual time served in custody for the conviction. If a registrant is subsequently convicted of another offense requiring registration pursuant to the Act, a new minimum time period for the completion of the registration requirement for the applicable tier shall commence upon that person’s release from incarceration, placement, or commitment, including any related civil commitment. If the subsequent conviction requiring registration pursuant to the Act occurs prior to an order to terminate the registrant from the registry after completion of a tier associated with the first conviction for a registerable offense, the applicable tier shall be the highest tier associated with the convictions. (f) This section does not require a ward of the juvenile court to register under the Act, except as provided in Section 290.008.

SEC. 2. Section 647 of the Penal Code is amended to read:
647. Except as provided in paragraphs (3) and paragraph (5) of subdivision (b) and in subdivision (l), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:
(a) An individual who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view. (b) (1) An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with the intent to receive compensation, money, or anything of value from another person. An individual agrees to engage in an act of prostitution when, with specific intent to so engage, the individual manifests an acceptance of an offer or solicitation by another person to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution. (2) An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is 18 years of age or older in exchange for the individual providing compensation, money, or anything of value to the other person. An individual agrees to engage in an act of prostitution when, with specific intent to so engage, the individual manifests an acceptance of an offer or solicitation by another person who is 18 years of age or older to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution. (3) An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is a minor in exchange for the individual providing compensation, money, or anything of value to the minor. An individual agrees to engage in an act of prostitution when, with specific intent to so engage, the individual manifests an acceptance of an offer or solicitation by someone who is a minor to so engage, regardless of whether the offer or solicitation was made by a minor who also possessed the specific intent to engage in an act of prostitution.
(4) A manifestation of acceptance of an offer or solicitation to engage in an act of prostitution does not constitute a violation of this subdivision unless some act, in addition to the manifestation of acceptance, is done within this state in furtherance of the commission of the act of prostitution by the person manifesting an acceptance of an offer or solicitation to engage in that act. As used in this subdivision, “prostitution” includes any lewd act between persons for money or other consideration. (5) Notwithstanding paragraphs (1) to (3), inclusive, this subdivision does not apply to a child under 18 years of age who is alleged to have engaged in conduct to receive money or other consideration that would, if committed by an adult, violate this subdivision. A commercially exploited child under this paragraph may be adjudged a dependent child of the court pursuant to paragraph (2) of subdivision (b) of Section 300 of the Welfare and Institutions Code and may be taken into temporary custody pursuant to subdivision (a) of Section 305 of the Welfare and Institutions Code, if the conditions allowing temporary custody without warrant are met.
(c) Who accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms.
(d) Who loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act.
(e) Who lodges in any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it. (f) Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that they are unable to exercise care for their own safety or the safety of others, or by reason of being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.
(g) If a person has violated subdivision (f), a peace officer, if reasonably able to do so, shall place the person, or cause the person to be placed, in civil protective custody. The person shall be taken to a facility, designated pursuant to Section 5170 of the Welfare and Institutions Code, for the 72-hour treatment and evaluation of inebriates. A peace officer may place a person in civil protective custody with that kind and degree of force authorized to effect an arrest for a misdemeanor without a warrant. A person who has been placed in civil protective custody shall not thereafter be subject to any criminal prosecution or juvenile court proceeding based on the facts giving rise to this placement. This subdivision does not apply to the following persons:
(1) A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.
(2) A person who a peace officer has probable cause to believe has committed any felony, or who has committed any misdemeanor in addition to subdivision (f). (3) A person who a peace officer in good faith believes will attempt escape or will be unreasonably difficult for medical personnel to control.
(h) Who loiters, prowls, or wanders upon the private property of another, at any time, without visible or lawful business with the owner or occupant. As used in this subdivision, “loiter” means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered.
(i) Who, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of any inhabited building or structure, without visible or lawful business with the owner or occupant.
(j) (1) A person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, camcorder, mobile phone, electronic device, or unmanned aircraft system, the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside. This subdivision does not apply to those areas of a private business used to count currency or other negotiable instruments.
(2) A person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another identifiable person under or through the clothing being worn by that other person, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of that person and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy. For the purposes of this paragraph, “identifiable” means capable of identification, or capable of being recognized, meaning that someone, including the victim, could identify or recognize the victim. It does not require the victim’s identity to actually be established. (3) (A) A person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another identifiable person who may be in a state of full or partial undress, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, in the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which that other person has a reasonable expectation of privacy, with the intent to invade the privacy of that other person. For the purposes of this paragraph, “identifiable” means capable of identification, or capable of being recognized, meaning that someone, including the victim, could identify or recognize the victim. It does not require the victim’s identity to actually be established. (B) Neither of the following is a defense to the crime specified in this paragraph:
(i) The defendant was a cohabitant, landlord, tenant, cotenant, employer, employee, or business partner or associate of the victim, or an agent of any of these. (ii) The victim was not in a state of full or partial undress. (4) (A) A person who intentionally distributes or causes to be distributed the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, under circumstances in which the persons agree or understand that the image shall remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress. (B) (i) A person intentionally distributes an image described in subparagraph (A) when that person personally distributes the image.
(ii) A person intentionally causes an image described in subparagraph (A) to be distributed when that person arranges, specifically requests, or intentionally causes another person to distribute the image. (C) As used in this paragraph, the following terms have the following meanings:
(i) “Distribute” includes exhibiting in public or giving possession. (ii) “Identifiable” has the same meaning as in paragraphs (2) and (3). (iii) “Intimate body part” means any portion of the genitals, the anus and, in the case of a female, also includes any portion of the breasts below the top of the areola, that is either uncovered or clearly visible through clothing.
(D) It shall not be a violation of this paragraph to distribute an image described in subparagraph (A) if any of the following applies:
(i) The distribution is made in the course of reporting an unlawful activity. (ii) The distribution is made in compliance with a subpoena or other court order for use in a legal proceeding.
(iii) The distribution is made in the course of a lawful public proceeding. (iv) The distribution is related to a matter of public concern or public interest. Distribution is not a matter of public concern or public interest solely because the depicted individual is a public figure. (5) This subdivision does not preclude punishment under any section of law providing for greater punishment. (k) (1) A second or subsequent violation of subdivision (j) is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment.
(2) If the victim of a violation of subdivision (j) was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment. (l) (1) (A) If a crime is committed in violation of subdivision (b) and by a defendant who is 18 years of age or older, the person who was solicited was a minor at the time of the offense, regardless of whether and the defendant knew or should have known that the person who was solicited was a minor at the time of the offense, the violation is punishable by imprisonment in the state prison for two, three, or four years, and by a fine not exceeding twenty-five thousand dollars ($25,000). in the county jail for not less than two days and not more than one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment, except as provided in paragraph (2).
(B) The court may, in unusual cases, when the interests of justice are best served, reduce or eliminate the mandatory two days of imprisonment in a county jail required by this paragraph. If the court reduces or eliminates the mandatory two days’ imprisonment, the court shall specify the reason on the record. (2) (A) If the solicited minor was under 16 years of age at the time of the offense, the violation is punishable by either of the following:
(i) Imprisonment in the county jail not exceeding one year and a fine not to exceed ten thousand dollars ($10,000).
(ii) Imprisonment pursuant to subdivision (h) of Section 1170. (B) A second or subsequent violation of this paragraph is punishable as a felony by imprisonment pursuant to subdivision (h) of Section 1170.

SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

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SB-1414 Crimes: solicitation of a minor. (2023-2024)
Senate: 1st Cmt 2nd Cmt
Assembly:

Bill Status
SB-1414
Grove (S) , Caballero (S) , Rubio (S)
-
-
Crimes: solicitation of a minor.
03/18/24
An act to amend Sections 290 and 647 of the Penal Code, relating to crimes.

Senate
04/22/24
Sen Appropriations
Type of Measure
Active Bill - In Committee Process
Majority Vote Required
Non-Appropriation
Fiscal Committee
State-Mandated Local Program
Non-Urgency
Non-Tax levy
Last 5 History Actions
Date Action
04/22/24 Read second time and amended. Re-referred to Com. on APPR. 04/18/24 From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 3638.) (April 16). 03/14/24 Set for hearing April 16.
02/29/24 Referred to Com. on PUB S.
02/20/24 From printer. May be acted upon on or after March 18.

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SENATE COMMITTEE ON PUBLIC SAFETY
Senator Aisha Wahab, Chair
2023 - 2024 Regular
Bill No: SB 1414 Hearing Date: April 16, 2024
Author: Grove
Version: February 16, 2024
Urgency: No Fiscal: Yes
Consultant: SC
Subject: Crimes: solicitation of a minor

HISTORY
Source: Author
Prior Legislation: AB 1970 (Boerner Horvath), held in Assem. Public Safety Comm., 2022 AB 1173 (Rubio), failed passage Assem. Public Safety Comm., 2021 AB 892 (Choi), failed passage Assem. Public Safety Comm., 2021 AB 2862 (Rubio), held in Assem. Public Safety Comm., 2020 AB 663 (Cunningham), held in Sen. Approps., 2019
SB 303 (Morrell), held in Sen. Public Safety Comm., 2017 SB 982 (Huff), held in Sen. Approps., 2014
Support: Bakersfield Crisis Pregnancy Center, INC.; Bilateral Safety Corridor Coalition; Breaking the Chains; California City Police; California Association of Highway Patrolmen; California Baptist for Biblical Values; California Catholic Conference; California Commission on Sexual Exploitation; California Family Council; California Police Chiefs Association; California State Sheriffs’ Association; Childhelp; Church Without Walls; City of Taft; City of Taft Police Department; City of Tehachapi; Compadres Connect; Concerned Women for America; Cooliage Triangle; County of Kern; County of San Luis Obispo; Empowerment (Dess Perkins Foundation); Exodus Cry; Forgotten Children INC.; Fresno County District Attorney Lisa A. Smittcamp; Fresno Police Department; Garden Pathways; Global Hope 365; Greater Bakersfield Chamber of Commerce; Greater Bakersfield Republican Assembly; Helping US; Interfaith Statewide Coalition; Journey Out; Kern County Fire Chief; Kern County Probation Department; Kern County Sheriff's Office; Kern County Supervisor Jeff Flores; Kern High School District; Lighthouse Baptist Church; Love Never Fails; Lucerne Valley Economic Development Association (LVEDA); Magdalene Hope, INC.; National Center on Sexual Exploitation (NCOSE); People's Association of Justice Advocates; Project Rescue; Real Impact; Republican National Hispanic Assembly of California (RNHA Ca); San Bernardino County Sheriff's Department; San Diego City Attorney’s Office; Santa Barbara Women's Political Committee; Sower Education Group - Rachel Thomas; The American Council for Evangelicals; The Foundation United; Tulare County Probation Department; Tulare County Sheriff; Tulare District Attorney; Tulare County; US Representative, David G. Valadao; Visalia Police Department; Women's Center-high Desert, INC.; Zoe International; 6 private individuals
SB 1414 (Grove ) Page 2 of 7
Opposition: California Public Defenders Association; Californians for Safety and Justice; Californians United for a Responsible Budget; Ella Baker Center for Human Rights; Initiate Justice; Initiate Justice Action; Rubicon Programs; Santa Cruz Barrios Unidos; Smart Justice; Young Women’s Freedom Center

PURPOSE
The purpose of this bill is to: 1) remove the requirement that a person who solicited a minor for an act of solicitation knew or should have known that the person solicited was a minor, 2) increase the penalty for solicitation of minor punishable in state prison for 2, 3, or 4 years, and 3) require a person convicted of soliciting a minor, on or after January 1, 2025, to register as a sex offender.

Existing law makes it a misdemeanor to solicit anyone to engage in or engage in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view. (Pen. Code, § 647, subd. (a).)
Existing law makes it a misdemeanor to solicit, agree to engage in, or engage in any act of prostitution with the intent to receive compensation, money, or anything of value from another person. This act is punishable by (Pen. Code, § 647, subd. (b)(1).) Existing law makes it a misdemeanor to solicit, agree to engage in, or engage in, any act of prostitution with another person who is 18 years of age or older in exchange for the individual providing compensation, money, or anything of value to the other person. (Pen. Code § 647, subd. (b)(2).)
Existing law makes it a misdemeanor to solicit, or agree to engage in, or engage in, any act of prostitution with another person who is a minor in exchange for the individual providing compensation, money, or anything of value to the minor. (Pen. Code § 647, subd. (b)(3).) Existing law provides that if the crime of solicitation of a minor is committed and the defendant knew or should have known that the person solicited was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail for a minimum of two days and not more than one year, or by a fine not $10,000, or by both that fine and imprisonment. (Pen. Code § 647, subd. (l)(1).)
This bill removes the requirement that the person soliciting prostitution knew or should have known that the person being solicited was a minor at the time of the offense in order to be guilty of the heightened misdemeanor penalty in subdivision (l) of Penal Code Section 647.

Existing law authorizes a court, in unusual cases, when the interests of justice are best served, to reduce or eliminate the mandatory two days of imprisonment in a county jail required under Penal Code section 647, subd. (l)(1). If the court reduces or eliminates the mandatory two days’ imprisonment, the court shall specify the reason on the record. (Pen. Code, § 647, subd. (l)(2).) This bill deletes the above provision.

SB 1414 (Grove ) Page 3 of 7
This bill increases the punishment for a person convicted of soliciting a minor from a misdemeanor punishable by imprisonment for a minimum of two days and a maximum of one year and/or a maximum fine of $10,000 to a felony punishable by 2, 3, or 4 years in state prison and/or a maximum fine of $25,000.

Existing law requires persons convicted of specified crimes to annually register as a sex offender for a minimum term of ten or twenty years, or life. (Pen. Code, § 290.) This bill requires a person who is convicted of soliciting a minor, on or after January 1, 2025, to annually register as a sex offender for a minimum of ten years.

COMMENTS

1. Need for This Bill
According to the author of this bill:

SB 1414 states that any individual who solicits, agrees to engage in, or engages in any act of commercial sex with a minor will face felony charges. If passed, this law will hold these offenders accountable under strict liability (meaning buyers can’t just claim they thought the child was of age) and they will face imprisonment in the state prison, along with fines up to $25,000 and mandatory registration as a sex offender. We must continue to shed light on the darkness of human trafficking, bring justice and protection to those who are most vulnerable.

We are sending a clear message with SB 1414– Not one more child should have to suffer at the hands of those who seek to exploit and harm them.

2. Solicitation of a Minor
Existing law provides that the penalty for solicitation of a minor, who the person knew or should have known was a minor, is a minimum of two days imprisonment in county jail and up to one year in county jail and/or a fine of not more than $10,000. Existing law also provides that the court may, in unusual circumstance eliminate the mandatory two days in jail. (Pen. Code, § 647, subd. (l).) Where there is no showing that the defendant knew or should have known the person was a minor, the offense is punishable by up to six months in the county jail and/or a fine up to $1,000. (Pen. Code, § 647, subd. (b)(3).)
This bill would instead make all solicitation of a minor a state prison felony offense with a penalty of two, three or four years in state prison, and/or a fine not exceeding $25,000, regardless of whether the defendant knew or should have known the person was a minor. In doing so, this bill lowers the bar as to what must be proven to obtain a criminal conviction while at the same time increasing the punishment under the statute to a state prison felony.

A number of other crimes, including crimes with felony penalties, already exist relating to solicitation of a minor. Soliciting (arranging a meeting with) a minor for lewd purposes is punishable as a misdemeanor, or as a state prison felony under some circumstances (if the defendant goes to the arranged meeting or is required to register as a sex offender). (Pen. Code, § 288.4.) To be guilty of this offense the defendant must believe the person is a minor. (Ibid.) Contacting a minor with the intent to commit a specified sex offense is punishable in state SB 1414 (Grove ) Page 4 of 7
prison. (Pen. Code, § 288.3.) To be guilty of this offense, the defendant must have known or should have known the person is a minor. (Ibid.) “Sexting” a minor is a wobbler punishable as a misdemeanor or state prison felony. (Pen. Code, § 288.2.) To be guilty of this offense, the defendant must have known, or should have known, or believed that the person is a minor. (Ibid.) Luring or attempting to lure a minor under the age of 14 is punishable as an infraction or misdemeanor. (Pen. Code, § 272, subd. (b)(1).) To be guilty of this offense, the defendant must have known or reasonably should have known that the minor is under 14 years of age. (Ibid.) Statutory rape is punishable as a misdemeanor or a county jail felony depending on the difference in age between the defendant and the victim. (Pen. Code, § 261.5.) Good faith reasonable belief that that minor was an adult is a defense to the crime. (People v. Hernandez (1964) 61 Cal. 2d 529.) Lewd acts with a minor 14 or 15 years of age and under is punishable as a misdemeanor in some circumstances or a state prison felony. (Pen. Code, § 288.) Due to the younger age of the intended victims in this offense, mistake of fact regarding the minor’s age is not a defense. (People v. Paz (2000) 80 Cal. App. 4th 293.)

3. History of Sex Offender Registration
California was the first state to require sex offender registration in 1947. The stated purpose for sex offender registration is to deter offenders from committing future crimes, provide law enforcement with an additional investigative tool, and increase public protection. [Wright vs.

Superior Court (1997) 15 Cal.4th 521, 526; Alissa Pleau (2007) Review of Selected 2007 California Legislation: Closing a Loophole in California's Sex Offender Registration Laws, 38 McGeorge L. Rev. 276, 277; Hatton vs. Bonner (2004) 365 F. 3rd 955, 961.] California’s sex offender registration law historically required lifetime registration by persons convicted of specified sex crimes. (Pen. Code, § 290 subd. (a).)
In 1996, California enacted "Megan's Law" allowing the public to access an address list of registered sex offenders. Before 2003, members of the public could only obtain the information on the Megan's Law list by calling a "900" number or visiting certain designated law enforcement agencies and reviewing a CD-ROM. However, in 2003, California required the Department of Justice (DOJ) to put the Megan's Law list of offenders on a public access website with the offender's address, photo and list of offenses. (See Pen. Code, § 290.46, subd. (a).) For some offenders with less serious offenses, only their ZIP code is listed. Now, a citizen can enter their address and see if there are registered sex offenders living in the community or even next door.

In 2017, California modified its sex registry to a three-tiered registration system based on seriousness of the crime, risk of sexual reoffending, and criminal history. (SB 384 (Wiener), chapter 541, statutes of 2017.) The recommendation to move to a tiered system came from the California Sex Offender Management Board’s 2010 recommendations report. (See https://casomb.org/docs/CASOMB%20Report%20Jan%202010_Final%20Report.pdf (Jan. 2010), p. 50 [as of Apr. 8, 2024].) According to the committee’s analysis for the bill which started off as SB 421 (Wiener) of that same year:

Based on a survey of several municipal law enforcement agencies in California, it is estimated that local law enforcement agencies spend between 60-66% of their resources dedicated for sex offender supervision on monthly or annual registration paperwork because of the large numbers of registered sex offenders on our registry. If we can remove low risk offenders from the registry it will free up law SB 1414 (Grove ) Page 5 of 7
enforcement officers to monitor the high risk offenders living in our communities.

Law enforcement cannot protect the community effectively when they are in the office doing monthly or annual paperwork for low risk offenders, when they could be out in the community monitoring high risk offenders. Furthermore, the public is overwhelmed by the number of offenders displayed online in each neighborhood and do not know which offenders are considered low risk and which offenders are considered high risk and therefore truly dangerous. (Sen. Com. on Public Safety, Analysis of Senate Bill No. 421 (2017-18 Reg. Sess.) as amended Apr. 17, 2017, p. 9.) A tier one offender is someone who is required to register for a misdemeanor sex offense or a felony conviction that is not a serious or violent felony. Tier one requires a person to register for a minimum of 10 years. (Pen. Code, § 290, subd. (d)(1).) A tier two offender is a person who is required to register for a felony that is defined as a serious or violent felony or other specified sex offenses, unless the person is otherwise required to register under tier three. Tier two requires a person to register for a minimum of 20 years. (Pen. Code, § 290, subd. (d)(2).) A tier three offender is a person who is convicted a specified offense or under the one-strike sex law, or is designated as a sexually violent predator or habitual sex offender, in addition to other qualifying offenses and circumstances. (Pen. Code, § 290, subd. (d)(3).) Sex offenders are required to register annually within five working days of their birthday. (Pen.

Code, § 290 subd. (b).) If the offender has no fixed address, they are required to register every 30 days. (Pen. Code, § 290.011 subd. (a).) A person is also required to notify law enforcement of any change of address within five days of moving. (Pen. Code, § 290.013.) A person who fails to register as a sex offender within the period required by law is guilty of a felony punishable by 16 months, 2 or 3 years. (Pen. Code, § 290.018 subd. (b).) A person who changes their name is required to inform law enforcement within 5 working days. (Pen. Code, § 290.14, subd. (a).) A person who is required to register their Internet identifiers who adds or changes an Internet identifier is required to report this change within 30 working days of the change. (Pen. Code, § 290.14, subd. (b).)
The minimum time period for completion of the required registration period in tier one or tier two begins on the date of the person’s release from incarceration or other commitment on the registerable offense. The time period is tolled during any period of subsequent incarceration or commitment, except that arrests not resulting in conviction, adjudication or revocation of supervision shall not toll the registration period. The minimum time period shall be extended by one year for each misdemeanor conviction of failing to register under this act, and by three years for each felony conviction of failing to register under this act, without regard to the actual time served in custody for the conviction (Pen. Code, § 290, subd. (e).) The registration statute requires all persons convicted of a listed crime to register annually within five days of their birthday. (Pen. Code, § 290.012 subd. (a).) Although most registerable offenses are felonies, there some alternate felony/misdemeanor penalties and a few straight misdemeanors. (See (Pen. Code, § 243.4 (sexual battery); (Pen. Code, § 266c (obtaining sexual consent by fraud); (Pen. Code, §§ 311.1, 311.2, subd. (c), 311.4, 311.11 (child pornography); (Pen. Code § 647.6 (annoying or molesting a child); and, (Pen. Code, § 314, (1)(2) (indecent exposure).) Certain offenses where the act was engaged in voluntarily, albeit without consent because minors cannot legally consent, only require sex offender registration when there is more than a 10-year age gap between the defendant and the minor. (Pen. Code, § 290, subd. (c)(2).) SB 1414 (Grove ) Page 6 of 7
A court may also order a person not otherwise required to register as a sex offender if they find that the person committed the offense as a result of sexual compulsion or for the purposes of sexual gratification. (Pen. Code, § 290.006.)
This bill adds solicitation of a minor to the list of offenses that require mandatory sex offender registration under tier one which is registration for a minimum period of 10 years.

4. Creation of New State Prison Felony
In January 2010, a three-judge panel issued a ruling ordering the State of California to reduce its prison population to 137.5% of design capacity because overcrowding was the primary reason that CDCR was unable to provide inmates with constitutionally adequate healthcare. (Coleman/Plata vs. Schwarzenegger (2010) No. Civ S-90-0520 LKK JFM P/NO. C01-1351 THE.) The United State Supreme Court upheld the decision, declaring that “without a reduction in overcrowding, there will be no efficacious remedy for the unconstitutional care of the sick and mentally ill” inmates in California’s prisons. (Brown v. Plata (2011) 131 S. Ct. 1910, 1939; 179 L.Ed.2d 969, 999.)
After continued litigation, on February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows: 143% of design bed capacity by June 30, 2014; 141.5% of design bed capacity by February 28, 2015; and, 137.5% of design bed capacity by February 28, 2016.

CDCR’s March 2024 monthly report on the prison population notes that the state prison population is at 119.6% of design capacity. (https://www.cdcr.ca.gov/3-judge-court-update/ [as of April 8, 2024].) The monthly report also notes CDCR’s population reduction efforts and evidence of durable compliance with the 137.5% benchmark ordered by the court.

While CDCR is currently in compliance with the three-judge panel’s order on the prison population, the state needs to maintain a “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3- Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14).) This bill increases the punishment for solicitation of a minor from a misdemeanor to a state prison felony. Creating a new state prison felony is inconsistent with the goal of finding a durable solution to prison overcrowding.

5. Argument in Support
According to the Tulare County District Attorney:

California is a hot bed for human trafficking and consistently ranks number one in cases reported to the National Human Trafficking Hotline. Human trafficking is among the world's fastest growing criminal enterprises and is estimated to be a $150 billion-a-year global industry. It is a form of modern slavery that profits from the exploitation of our most vulnerable populations. There is no such thing as a child receiving money from a grown adult and saying its consensual sex. The reality is that these children, who are unable to consent to their own exploitation, are victims of sex trafficking.

SB 1414 (Grove ) Page 7 of 7
SB 1414 will give a voice to the children who have suffered from this horrific abuse. California has failed to make the actions of the buyer of sex with a child a serious crime. It takes two criminals to commit the crime of child sex trafficking, a buyer and a seller. Buying sex from a child is a serious crime and should be a felony.

6. Argument in Opposition
According to the California Public Defenders Association:

Existing law criminalizing soliciting a minor for an act of prostitution requires that the person knew or should have known that the person solicited was a minor at the time of the offense. A fundamental tenet of criminal law is that the punishment should fit the crime and that persons who commit more serious crimes are punished more seriously. Existing law does exactly that – punishes those who intentionally seek out minors for prostitution more harshly than those who solicit adult prostitutes by doubling the punishment for soliciting minors.

This bill, however, punishes some defendants more harshly – felony punishment and sex offender registration – even when those persons do not have the intent to have sex with a minor. This change will unfortunately lump some defendants into the category of “sex offender” with lifelong consequences for them and their families even though the intent is completely lacking.
. . .

Although the age of consent in California is 18 years old, in most of the 50 states, 30-31 states, the age of consent is 16 years old. For example, in 30 states ranging from Alabama, Ohio, Pennsylvania to Washington the age of consent is 16 years old. Several states set the age of consent at 17 years old and only 9 other states besides California require an individual to be 18 years old before they can legally consent to have sex. (https://aspe.hhs.gov/reports/statutory-rape-guide-state-lawsreporting-requirements-1,) It is misguided to require individuals to register for 10 years on the Sex Offender Registry when they are engaging in an activity that would be legal in 80% of the country.
-- END –
Item No. 19.

CITY COUNCIL AGENDA – MAY 7, 2024
SUBJECT: Implementation of Ordinance No. 1905
SOURCE: City Manager's Office
COMMENT: The City is preparing to implement Ordinance No. 1905, Regulating Unsafe Camping Re: Repealing Article VII of Chapter 18 (Sections 18-76 through 18- 83) of the Porterville Municipal Code and replacing it with Chapter 18, Article VII, which regulates unsafe and unauthorized camping and storage of personal property, protection of critical infrastructure, and mitigation of harm to the public's health, safety, and welfare. Ordinance No. 1905 was adopted on April 16, 2024, and will become effective on May 16, 2024.

As the Council is aware, the City Council, legal counsel and staff have devoted significant time to discuss and develop Ordinance No. 1905. With the ordinance becoming effective on May 16th, it is now appropriate to prepare for its implementation of the regulations, as well as to designate individuals’ roles, develop protocols and forms, and continue coordination with service providers.

It is staff's recommendation that the implementation be a scaled approach as departments increase staffing, acquire necessary equipment, and finalize discussions to ensure that a new operator for the National Guard Armory is secured to allow for expanded services by agencies experienced in providing services for people experiencing homelessness.

Below is a summary of implementation steps the City proposes to take, pending further Council guidance:
• Logistics – An interdepartmental team will work through the questions and also develop protocols of standard operating procedures for City employees, including a procedure for handling storage of personal property and referral to services.
• Training – Concurrently with education and prior to enforcement, all enforcement teams such as Code Enforcement, Police Department, SMART and the Parks Department need to train all personnel on the new ordinance to ensure compliance and proper execution of such. • Public Information/Education – Develop easily disseminated educational and reference materials for City employees, community members, and individuals experiencing homelessness. In coordination with service providers, City staff will perform continued outreach, communication, and education of the regulations to individuals experiencing homelessness and the community on the new ordinance.

The focus would be on voluntary compliance and referral to available resources first and enforcement as a last resort.

Item No. 19.
• Prioritization – Strategic locations must be identified in order to successfully address the areas of highest concentration, sensibility, risk to public’s health, safety and welfare. Council direction is needed to establish priorities. Some examples would include major corridors where schools are located such as along Henderson Ave, Morton Ave, Olive Ave and commercial districts such as the downtown zone district and waterways. This would help have an organized execution of the ordinance.
• Enforcement – The City will work to obtain voluntary compliance with referral to available services.
• Ongoing Review – Establish regular meetings with team members to brainstorm solutions to unanticipated issues that arise. Quadrant maps are attached reflecting areas where camping is not allowed, including residential zones and buffers of up to 200 ft around critical infrastructure. Additionally, a map outlining possible prioritization based on the examples mentioned above is provided to visualize a first phase that includes those locations such as corridors with schools.

Additionally, a draft resolution approving the designation of specified locations as critical infrastructure will be brought forth at a future meeting based on the direction provided by the City Council.

RECOMMENDATION: That the City Council:

1. Provide direction on the implementation of Ordinance 1905 and the prioritization of locations for phased implementation.

ATTACHMENTS: 1. Prioritization Map

2. Critical Infrastructure Buffer Sector 1

3. Critical Infrastructure Buffer Sector 2

4. Critical Infrastructure Buffer Sector 3

5. Critical Infrastructure Buffer Sector 4
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, City Manager
Final Approver: Patrice Hildreth, City Manager