AMENDED IN ASSEMBLY MARCH 27, 2025
AMENDED IN ASSEMBLY MARCH 24, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 63
Introduced by Assembly Member Michelle Rodriguez
December 2, 2024
An act to add Sections 653.20 and 653.22 to the Penal Code, relating to crimes.
legislative counsel’s digest
AB 63, as amended, Michelle Rodriguez. Loitering with intent to commit prostitution.
Existing law, until January 1, 2023, prohibited loitering in a public place with the intent to commit prostitution, as defined, and made that crime a misdemeanor.
This bill w ould reinstate those pro visions and w ould prohibit California law enforcement, as defined, from making an arrest pursuant to these provisions solely based on the indi vidual’s gender identity or sexual preference. orientation. The bill w ould also require la w enforcement, prior to making an arrest of the indi vidual pursuant to these pro visions, to document their attempts to of fer the indi vidual services. By creating a new crime, and by imposing new duties on local law enforcement, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill w ould pro vide that with re gard to certain mandates no reimbursement is required by this act for a specified reason.
97 With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 653.20 is added to the Penal Code , line 2 immediately following Section 653.2, to read:
line 3 653.20. For purposes of this chapter, the following definitions line 4 apply:
line 5 (a) “California law “Law enforcement” means any department line 6 or agency of the state or any local government, special district, or line 7 other political subdivision thereof, that employs any peace officer, line 8 as described in Section 830.
line 9 (b) “Commit prostitution” means to eng age in sexual conduct line 10 for mone y or other consideration, b ut does not include se xual line 11 conduct engaged in as a part of an y stage performance, play , or line 12 other entertainment open to the public.
line 13 (c) “Loiter” means to delay or linger without a lawful purpose line 14 for being on the property and for the purpose of committing a line 15 crime as opportunity may be discovered.
line 16 (d) “Public place” means an area open to the public, or an alley, line 17 plaza, park, driveway, or parking lot, or an automobile, whether line 18 moving or not, or a building open to the general public, including line 19 one that serv es food or drink, or pro vides entertainment, or the line 20 doorways and entrances to a building or dwelling, or the grounds line 21 enclosing a building or dwelling.
line 22 SEC. 2. Section 653.22 is added to the Penal Code, immediately line 23 following Section 653.20, to read:
line 24 653.22. (a) (1) Except as specified in paragraph (2), it is line 25 unlawful for any person to loiter in a public place with the intent line 26 to commit prostitution. This intent is e videnced by acting in a line 27 manner and under circumstances that openly demonstrate the line 28 purpose of inducing, enticing, or soliciting prostitution, or line 29 procuring another to commit prostitution.
line 30 (2) Notwithstanding paragraph (1), this subdi vision does not line 31 apply to a child under 18 years of age who is alle ged to ha ve 97 — 2 — AB 63
line 1 engaged in conduct that would, if committed by an adult, violate line 2 this subdi vision. A commercially e xploited child under this line 3 paragraph may be adjudged a dependent child of the court pursuant line 4 to Section 300 of the Welfare and Institutions Code and may be line 5 taken into temporary custody pursuant to subdivision (a) of Section line 6 305 of the Welfare and Institutions Code, if the conditions allowing line 7 temporary custody without warrant are met.
line 8 (b) Among the circumstances that may be considered in line 9 determining whether a person loiters with the intent to commit line 10 prostitution are that the person:
line 11 (1) Repeatedly beckons to, stops, engages in conversations with, line 12 or attempts to stop or eng age in con versations with passersby , line 13 indicative of soliciting for prostitution.
line 14 (2) Repeatedly stops or attempts to stop motor v ehicles by line 15 hailing the dri vers, w aving arms, or making an y other bodily line 16 gestures, or engages or attempts to engage the drivers or passengers line 17 of the motor vehicles in conversation, indicative of soliciting for line 18 prostitution.
line 19 (3) Has been convicted of violating this section, subdivision (a) line 20 or (b) of Section 647, or any other offense relating to or involving line 21 prostitution within five years of the arrest under this section. line 22 (4) Circles an area in a motor v ehicle and repeatedly beck ons line 23 to, contacts, or attempts to contact or stop pedestrians or other line 24 motorists, indicative of soliciting for prostitution. line 25 (5) Has engaged, within six months prior to the arrest under this line 26 section, in an y behavior described in this subdi vision, with the line 27 exception of paragraph (3), or in any other behavior indicative of line 28 prostitution activity.
line 29 (c) The list of circumstances set forth in subdi vision (b) is not line 30 exclusive. The court shall consider the circumstances set forth in line 31 subdivision (b) particularly salient if they occur in an area that is line 32 known for prostitution activity. Any other relevant circumstances line 33 may be considered in determining whether a person has the line 34 requisite intent. Moreo ver, no one circumstance or combination line 35 of circumstances is in itself determinative of intent. Intent shall be line 36 determined based on an evaluation of the particular circumstances line 37 of each case.
line 38 (d) California law Law enforcement shall not mak e an arrest line 39 pursuant to this section against an individual solely based on their line 40 perceived gender identity or sexual preference. orientation. 97 AB 63 — 3 —
line 1 (e) Prior to making an arrest pursuant to this section, California line 2 law enforcement shall document their attempts to of fer services line 3 to the individual who is suspected of loitering with intent to commit line 4 prostitution.
line 5 (f) If it is determined by a peace officer that the person is a line 6 victim of human trafficking and crimes ha ve occurred, Section line 7 236.23 shall apply , and the la w enforcement agenc y employing line 8 the peace officer shall initiate an investigation of the violation of line 9 Section 236.1.
line 10 SEC. 3. No reimbursement is required by this act pursuant to line 11 Section 6 of Article XIIIB of the California Constitution for certain line 12 costs that may be incurred by a local agenc y or school district line 13 because, in that regard, this act creates a new crime or infraction, line 14 eliminates a crime or infraction, or changes the penalty for a crime line 15 or infraction, within the meaning of Section 17556 of the line 16 Government Code, or changes the definition of a crime within the line 17 meaning of Section 6 of Article XIII B of the California line 18 Constitution.
line 19 However, if the Commission on State Mandates determines that line 20 this act contains other costs mandated by the state, reimbursement line 21 to local agencies and school districts for those costs shall be made line 22 pursuant to Part 7 (commencing with Section 17500) of Division line 23 4 of Title 2 of the Government Code.
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97 — 4 — AB 63