While prostitution remains illegal in California, the Safer Streets for All Act, also known as SB 357, marks a significant step in reforming the state's criminal justice system.
Under the leadership of Governor Gavin Newsom, SB 357 was signed into law, effectively decriminalizing specific activities related to prostitution, particularly loitering with intent to commit prostitution.
These changes effectively repeal former California Penal Code sections 653.20 and 653.22, which previously allowed arrests based on subjective interpretations of behavior. The law is a direct response to growing concerns about systemic inequities and aims to reduce discrimination against individuals targeted by outdated statutes.
Over the last several years, conversations around law enforcement and public safety have frequently centered on discriminatory profiling in California.
For example, the criminalization of loitering with intent to commit prostitution has disproportionately impacted communities of color, the LGBTQ, and transgender individuals. This unjustified practice was used primarily as an instrument for harassment and racial profiling for decades.
California's Safer Streets for All Act aims to eliminate unsubstantiated interactions with the police by preventing law enforcement officials from targeting people based on their ethnicity, gender, or the clothes they choose to wear.
Simply put, California Senate Bill 357 seeks to eliminate discriminatory profiling and protect vulnerable communities from harassment and criminalization. One key benefit of this bill is that it prohibits unlawful arrests or harassment based on profession or dress.
No longer can someone be arrested simply for being near a particular location or for wearing clothing that law enforcement deems inappropriate.
What Does SB 357 Do?
SB 357's primary objective is to decriminalize loitering with intent to commit prostitution. Previously, under Penal Code 653.22, individuals could face criminal charges based on subjective interpretations by law enforcement officers.
By addressing these issues, the bill helps reduce the danger involved in sex work and to prevent sex trafficking. One of the most critical aspects of the Safer Streets for All Act is that someone will no longer be at risk of acquiring a criminal record for walking down the street or in public spaces.
The bill prioritizes the safety and health of black, brown, transgender, and gender nonconforming individuals by providing them with more protection under the law.
It also enables people convicted of loitering with the intent to engage in sex work to clear their records. That provision is of the utmost importance since many people cannot secure employment, obtain housing, or become legal immigrants due to this menial charge.
This Act represents an important step toward ensuring equal protection under the law for all individuals. Common reasons for arrest included assumptions based on appearance, clothing, or behavior, often without evidence of an actual crime. Key provisions of SB 357 include:
- Decriminalization of Loitering with Intent: Actions once considered offenses under Penal Code 653.22, such as lingering in specific areas or interacting with passersby while in possession of condoms, are no longer illegal. Law enforcement officers can no longer target individuals for such activities.
- Retroactive Relief for Past Convictions: Those previously convicted under Penal Code 653.22 are now eligible to petition the court for relief, including resentencing and/or record sealing of their conviction.
Key Benefits of SB 357
The Safer Streets for All Act represents a significant step in the fight against human traffickers and the subsequent violence committed against sex workers. This piece of legislation has several key benefits that will make a difference in the lives of vulnerable communities.
Survivors of sex trafficking can trust that filing a report will not result in an arrest or conviction. By developing an amicable relationship with sex workers, those currently walking the streets and survivors can feel safe coming forward to receive the support and assistance they need.
For many decades, the belief behind using loitering laws has centered around eradicating human trafficking throughout the state. However, the fear associated with communicating with law enforcement encourages the trafficker to exert even more control over victims because they have nowhere else to turn.
Suppose the trafficker chooses to use physical violence, fraud, or verbal threats to coerce sex workers. In that case, they can remain in complete control because the victims know they will receive no protection from law enforcement.
Thus, SB 357 exists to reverse discriminatory profiling and positively affect environments where sex trafficking is thriving and give law enforcement and aid workers more of an advantage when attempting to assist. SB 357 is essential to creating a more just and equitable society while drastically impacting the root causes of human trafficking.
Why Was SB 357 Passed?
The passage of SB 357 reflects an acknowledgment of the discriminatory nature of Penal Code 653.22. Advocacy groups have long argued that the law enabled biased policing practices that unfairly targeted marginalized communities and individuals. Specific complaints included:
- Disproportionate Impact on Marginalized Communities: People of color, especially black and Latino individuals, were disproportionately arrested under Penal Code 653.22. Members of the LGBTQ+ community, particularly transgender women of color, were also frequent targets of enforcement, often due to stereotypes or profiling.
- Subjective Enforcement: Arrests were often based on appearance, clothing, or location rather than on actual evidence of criminal activity, making this law inherently unfair.
- Systemic Harm: Convictions under Penal Code 653.22 created lasting consequences for individuals, such as barriers to employment, housing, and financial stability. Repeated arrests and convictions perpetuated cycles of poverty and discrimination against vulnerable populations.
The Intended Impacts of SB 357
SB 357 is designed to address these systemic issues within the state's criminal justice system. By reducing discriminatory policing and eliminating unnecessary criminal penalties, the law seeks to create a pathway for affected individuals to rebuild their lives.
One of SB 357's most crucial outcomes is its potential to reduce the criminalization of poverty. Many individuals charged with loitering offenses faced long-term limitations due to their criminal records.
Sealing or expunging these convictions empowers them to move forward without the stigma of a prior arrest. Additionally, redirecting law enforcement resources away from low-level offenses can enable agencies to prioritize more serious crimes, improving community safety.
The law also offers public health benefits. By decriminalizing certain behaviors, it becomes easier for vulnerable individuals, such as sex workers, to report crimes committed against them without fear of being arrested. This change seeks to foster trust between communities and law enforcement, ultimately promoting safer environments.
The Safer Streets for All Act is a game-changer regarding its potential to eliminate discriminatory profiling against sex workers and members of local California communities. It will protect and keep individuals safe from harm, reduce arrest rates, and create a safe space.
Not only will this act benefit marginalized individuals, but it will foster healthier communities. By removing prejudiced profiling, the Act allows law enforcement to concentrate on detecting and prosecuting genuine sex traffickers rather than singling out defenseless persons based solely on their physical characteristics or profession.
The Importance of Consulting a Criminal Defense Attorney
For anyone previously convicted under Penal Code 653.22, SB 357 presents an opportunity to start fresh, making many of them eligible for record sealing (along with mitigated sentencing if convicted for other crimes).
However, the process of petitioning for relief can be a complex process accompanied by strict deadlines and detailed documentation. Working with a skilled California criminal defense attorney can significantly improve your chances of success. A knowledgeable attorney can assist with:
- Preparing and filing a petition that adheres to the legal requirements.
- Ensuring accuracy in all submitted paperwork to avoid delays or rejection.
- Representing your best interests in court and advocating for the complete relief you're entitled to under SB 357.
Additionally, an experienced legal professional can help assess how SB 357 might impact any other charges or legal matters you're facing, offering comprehensive guidance to protect your rights and opportunities.
The Safer Streets for All Act represents a meaningful step toward fairness and equity within California's legal system. By repealing outdated laws that allowed arrests based on subjective assumptions rather than actual criminal conduct, SB 357 aims to rectify past injustices and promote more equitable policing practices.
If you've been affected by these past laws, seek advice from an experienced criminal defense attorney to ensure the process is handled properly and your rights are fully protected under SB 357. For more information, contact our law firm, Eisner Gorin LLP, based in Los Angeles, CA.
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