SAN FRANCISCO — California Governor Gavin Newsom has signed Senate Bill 233, which protects against arrest for prostitution offenses when reporting serious crimes and prohibits police from using the possession of condoms as evidence of prostitution, into law.
Originally sponsored by Senator Scott Wiener, Assembly Members Bill Quirk and Laura Friedman, the new legislation amends California's penal code to grant immunity to persons who report either being a victim of or witness to a serious felony, such as domestic violence; extortion; human trafficking; sexual battery or stalking from arrest for a misdemeanor violation related to an act of prostitution under California Penal Code 647.
It additionally renders condoms inadmissible as evidence in the prosecution of offenses related to prostitution.
Maxine Doogan of the Erotic Service Providers Legal, Education and Research Project (ESPLERP) noted the importance of the legislation.
“We are very pleased to see Governor Newsom's signature on a law which enables prostitutes to report rape and assault without fear of being arrested," she said. "It's especially relevant after the passing of Fight Online Sex Trafficking Act (FOSTA), in April of 2018 which has disastrously affected the safety of sex workers. We applaud our Governor for taking our call for help seriously. Now police can prioritize public health and public safety."
Siouxsie Q of The Adult Performer Advocacy Committee (APAC) similarly celebrated the event but noted that, like most bills, the law will not not take effect until January 1, 2020.
"If you are planning outreach to sex worker communities, it might be safer to wait until the new year," she said.
SB 233 is supported by the American Civil Liberties Union (ACLU), Free Speech Coalition, St. James Infirmary, U.S. Prostitutes Collective, the Sex Worker Outreach Project, ESPLERP and a number of other LGTBQ, public health, and social justice organizations.
Click here to read the full text of the bill.
