BILL NUMBER: SB 838	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Beall

                        JANUARY 6, 2014

   An act to amend Section 647 of the Penal Code, relating to
disorderly conduct.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 838, as introduced, Beall. Disorderly conduct.
   Existing law provides that a person is guilty of disorderly
conduct, a misdemeanor, based on various acts, including when a
person solicits or agrees to engage in or engages in any act of
prostitution, as specified.
   This bill would make technical, nonsubstantive changes to that
provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 647 of the Penal Code is amended to read:
   647.  Except as provided in subdivision (l),  every
  a  person who commits any of the following acts
is guilty of disorderly conduct, a misdemeanor:
   (a) Who solicits anyone to engage in or who engages in lewd or
dissolute conduct in  any   a  public place
or in  any   a  place open to the public
or exposed to public view.
   (b) Who solicits or who agrees to engage in or who engages in
 any   an  act of prostitution. A person
agrees to engage in an act of prostitution when, with specific intent
to so engage, he or she manifests an acceptance of an offer or
solicitation to so engage, regardless of whether the offer or
solicitation was made by a person who also possessed the specific
intent to engage in prostitution.  No   An 
agreement to engage in an act of prostitution shall  not 
constitute a violation of this subdivision unless some act, in
addition to the agreement, is done within this state in furtherance
of the commission of an act of prostitution by the person agreeing to
engage in that act. As used in this subdivision, "prostitution"
includes any lewd act between persons for money or other
consideration.
   (c) Who accosts other persons in  any   a
 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   a 
toilet open to the public for the purpose of engaging in or
soliciting  any   a  lewd  or
  ,  lascivious  ,  or  any
 unlawful act.
   (e) Who lodges in  any   a  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   a  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
he or she is unable to exercise care for his or her own safety or the
safety of others, or by reason of his or her 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) When a person has violated subdivision (f), a peace officer,
if he or she is reasonably able to do so, shall place the person, or
cause him or her 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 
which   that  would be lawful were he or she
effecting 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
shall not apply to the following persons:
   (1)  Any   A  person who is under the
influence of any drug, or under the combined influence of
intoxicating liquor and any drug.
   (2)  Any   A  person who a peace officer
has probable cause to believe has committed  any 
 a  felony, or who has committed any misdemeanor in addition
to subdivision (f).
   (3)  Any   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)  Any   A  person who looks
through a hole or opening, into, or otherwise views, by means of
 any   a  instrumentality, including, but
not limited to, a periscope, telescope, binoculars, camera, motion
picture camera, camcorder, or mobile phone, 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
shall not apply to those areas of a private business used to count
currency or other negotiable instruments.
   (2)  Any   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.
   (3) (A)  Any   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.
   (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)  Any   A  person who photographs
or records by any means the image of the intimate body part or parts
of another identifiable person, under circumstances where the
parties agree or understand that the image shall remain private, and
the person subsequently distributes the image taken, with the intent
to cause serious emotional distress, and the depicted person suffers
serious emotional distress.
   (B) As used in this paragraph, intimate body part means any
portion of the genitals, 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 visible through less than fully opaque clothing.
   (C) Nothing in this subdivision precludes punishment under any
section of law providing for greater punishment.
   (k)  (1)    In any accusatory pleading charging
a violation of subdivision (b), if the defendant has been once
previously convicted of a violation of that subdivision, the previous
conviction shall be charged in the accusatory pleading. If the
previous conviction is found to be true by the jury, upon a jury
trial, or by the court, upon a court trial, or is admitted by the
defendant, the defendant shall be imprisoned in a county jail for a
period of not less than 45 days and shall not be eligible for release
upon completion of sentence, on probation, on parole, on work
furlough or work release, or on any other basis until he or she has
served a period of not less than 45 days in a county jail. In all
cases in which probation is granted, the court shall require as a
condition thereof that the person be confined in a county jail for at
least 45 days. In no event does the court have the power to absolve
a person who violates this subdivision from the obligation of
spending at least 45 days in confinement in a county jail. 
   In 
    (2)     In  any accusatory pleading
charging a violation of subdivision (b), if the defendant has been
previously convicted two or more times of a violation of that
subdivision, each of these previous convictions shall be charged in
the accusatory pleading. If two or more of these previous convictions
are found to be true by the jury, upon a jury trial, or by the
court, upon a court trial, or are admitted by the defendant, the
defendant shall be imprisoned in a county jail for a period of not
less than 90 days and shall not be eligible for release upon
completion of sentence, on probation, on parole, on work furlough or
work release, or on any other basis until he or she has served a
period of not less than 90 days in a county jail. In all cases in
which probation is granted, the court shall require as a condition
thereof that the person be confined in a county jail for at least 90
days. In no event does the court have the power to absolve a person
who violates this subdivision from the obligation of spending at
least 90 days in confinement in a county jail. 
   In 
    (3)     In  addition to any punishment
prescribed by this section, a court may suspend, for not more than
30 days, the privilege of the person to operate a motor vehicle
pursuant to Section 13201.5 of the Vehicle Code for any violation of
subdivision (b) that was committed within 1,000 feet of a private
residence and with the use of a vehicle. In lieu of the suspension,
the court may order a person's privilege to operate a motor vehicle
restricted, for not more than six months, to necessary travel to and
from the person's place of employment or education. If driving a
motor vehicle is necessary to perform the duties of the person's
employment, the court may also allow the person to drive in that
person's scope of employment.
   (l) (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.