Today's Law As Amended

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SB-233 Immunity from arrest.(2019-2020)



SECTION 1.

 Section 782.1 of the Evidence Code is repealed.

782.1.
 In any prosecution under Sections 647 and 653.22 of the Penal Code, if the possession of one or more condoms is to be introduced as evidence in support of the commission of the crime, the following procedure shall be followed:
(a) A written motion shall be made by the prosecutor to the court and to the defendant stating that the prosecution has an offer of proof of the relevancy of the possession by the defendant of one or more condoms.
(b) The written motion shall be accompanied by an affidavit in which the offer of proof shall be stated. The affidavit shall be filed under seal and only unsealed by the court to determine if the offer of proof is sufficient to order a hearing pursuant to subdivision (c). After that determination, the affidavit shall be resealed by the court.
(c) If the court finds that the offer of proof is sufficient, the court shall order a hearing out of the presence of the jury, if any, and at the hearing allow questioning regarding the offer of proof made by the prosecution.
(d) At the conclusion of the hearing, if the court finds that evidence proposed to be offered by the prosecutor regarding the possession of condoms is relevant pursuant to Section 210, and is not inadmissible pursuant to Section 352, the court may make an order stating what evidence may be introduced by the prosecutor. The prosecutor may then offer evidence pursuant to the order of the court.
(e) An affidavit resealed by the court pursuant to subdivision (b) shall remain sealed, unless the defendant raises an issue on appeal or collateral review relating to the offer of proof contained in the sealed document. If the defendant raises that issue on appeal, the court shall allow the Attorney General and appellate counsel for the defendant access to the sealed affidavit. If the issue is raised on collateral review, the court shall allow the district attorney and defendant’s counsel access to the sealed affidavit. The use of the information contained in the affidavit shall be limited solely to the pending proceeding.

SEC. 2.

 Section 782.1 is added to the Evidence Code, to read:

782.1.
 The possession of a condom is not admissible as evidence in the prosecution of a violation of Section 372 of, subdivision (a) or (b) of Section 647 of, or Section 653.22 of, the Penal Code, if the offense is related to prostitution.

SEC. 3.

 Section 1162 of the Evidence Code is amended to read:

1162.
 Evidence that a victim of, or a witness to, extortion  a serious felony  as defined in Section 519 of the Penal Code, stalking as defined in Section 646.9 of the Penal Code, or a violent felony as defined in Section 667.5 of subdivision (c) of Section 1192.7 of, an assault in violation of subdivision (a) of Section 245 of, domestic violence in violation of Section 273.5 of, extortion in violation of Section 518 of, human trafficking in violation of Section 236.1 of, sexual battery in violation of subdivision (a) of Section 243.4 of, or stalking in violation of Section 646.9 of,  the Penal Code, has engaged in an act of prostitution at or around the time he or she was  they were  the victim of or witness to the crime is inadmissible in a separate prosecution of that victim or witness to prove his or her  criminal liability for the act of prostitution.

SEC. 4.

 Section 647.3 is added to the Penal Code, to read:

647.3.
 (a) A person who reports being a victim of, or a witness to, a serious felony as defined in subdivision (c) of Section 1192.7, an assault in violation of subdivision (a) of Section 245, domestic violence in violation of Section 273.5, extortion in violation of Section 518, human trafficking in violation of Section 236.1, sexual battery in violation of subdivision (a) of Section 243.4, or stalking in violation of Section 646.9 shall not be arrested for any of the following offenses if that offense is related to the crime that the person is reporting or if the person was engaged in that offense at or around the time that the person was the victim of or witness to the crime they are reporting:
(1) A misdemeanor violation of the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code).
(2) A violation of Section 372, subdivision (a) or (b) of Section 647, or Section 653.22, if the offense is related to an act of prostitution.
(b) Possession of condoms in any amount shall not provide a basis for probable cause for arrest for a violation of Section 372, subdivision (a) or (b) of Section 647, or Section 653.22 if the offense is related to an act of prostitution.