SAN FRANCISCO—The Erotic Service Providers Legal Education and Research Project (ESPLERP) is today celebrating the passage of California Senate Bill 233—Sen. Scott Wiener’s (D-San Francisco) legislation to protect people from arrest for prostitution offenses when reporting serious crimes, such as rape—and is applauding legislators for doing so. The bill also prohibits police from using possession of condoms as evidence of prostitution. The bill passed out of the Assembly today with a vote. It will now go before the Senate, which previously considered the bill, to be passed before going to the governor’s desk.
SB 233 has picked up several more endorsements including the Los Angeles County District Attorney and the City of Berkeley Police Review Commission, who added their voices to what is now established as the best practices and policy that came from the San Francisco Police Department and the District Attorney’s office. SB 233 picked up additional sponsorships during the Assembly Public Safety Committee hearing on June 11, from members Wick and Kamlager-Dove. Assembly Public Safety Committee member Tom Lackey also provided the first bipartisan vote to support.
“It was clear to the Assembly Public Safety Committee members that law enforcement needs to prioritize public safety and public health and stop their current practice of taking condoms as evidence of prostitution,” said ESPLERP's Maxine Doogan, “but to also take reports when we’re victims and witnesses to crime by granting immunity to us from prostitution arrests when we’re victims and witnesses to crime.”
SB 233 required and received the two-thirds vote from the Assembly, which passed the measure 54-13, the effect of which was to alter the evidentiary code to now remove condoms as evidence of prostitution, a misdemeanor. A video of the Assembly voting on the bill can be found here.
SB 233 is supported by St. James Infirmary, US Prostitutes Collective, Erotic Service Providers Legal Education and Research Project (ESPLERP), and the Sex Worker Outreach Project (SWOP) of Sacramento and a number of other LGTBQ, public health, and social justice organizations. The bill was co-authored by Assemblymembers Bill Quirk (D-Hayward), Wendy Carrillo (D-Los Angeles) and Laura Freidman (D-Glendale). Full text of the legislation can be found here.
The Erotic Service Providers Legal, Education and Research Project (ESPLERP) is a diverse community-based coalition advancing sexual privacy rights through litigation, education, and research. Contributions to support its advocacy can be made at LitigateToEmancipate.com.
