Sex trafficking is a form of modern-day slavery and, tragically, San Diego has long been a hub of this exploitive and damaging activity. One way in which potential trafficking victims can be helped is through law enforcement intervention before the crime takes place. Loitering laws provide the opportunity. However, Senate Bill 357, authored by Senator Scott Wiener (D-San Francisco), would decriminalize loitering for purposes of prostitution.
Sen. Wiener’s long-term goal is to decriminalize prostitution. He states, “We need to support sex workers instead of criminalizing them.” To be clear, SB 357 does not change other laws regarding soliciting or engaging in prostitution, but this is a first step. Sen. Wiener claims that current law “results in the legal harassment of LGTBQ+, Black, and Brown communities for simply existing and looking like a ‘sex worker’ to law enforcement.” However, the study cited in the bill’s analysis and being used to substantiate this claim took place in Compton during a one-week period in 2019. It does not take into account the racial makeup of the area in which Black and brown individuals are a substantial majority of the population.
In general, law enforcement and many groups providing support and services for trafficking victims are strongly opposed to SB 357. They believe that the bill removes the ability of law enforcement to make arrests for loitering to commit prostitution and move the potential victim to detention where safety and services can be offered. The Peace Officers Research Association of California states in its opposition to the bill, “Every day more people fall victim to human trafficking. This bill would further hinder law enforcement efforts to not only identify and prosecute those who commit crimes related to prostitution and human trafficking, but also hinder the ability of identifying those being victimized.”
Marisa Urgarte believes “the first right of a woman is the right not to have to prostitute.” She is founder and executive director of the Bilateral Safety Corridor Coalition, a San Diego organization that helps trafficking victims – and opposes SB 357. Ugarte recently told CBS 8 that attempts to decriminalize prostitution only benefits the sex trafficking industry. Many anti-trafficking organizations, including the National Center of Sexual Exploitation, are part of an active campaign to stop SB 357. Other opponents include California Family Council and Capitol Resource Institute.
Organizations supporting SB 357 include ACLU California Action which states, “Arresting sex workers or persons perceived to be sex workers increases safety risks for persons trading sex. When sex workers are under constant threat of arrest for loitering, they are more vulnerable to exploitation and violence, and face greater barriers to accessing safe housing and legal employment.” Interestingly, one large anti-trafficking organization, the Coalition to Abolish Slavery and Trafficking is also in support. Why? CAST-LA has indicated that it has a large grant and believes it has the necessary resources to handle the safety and services needed in Los Angeles County to protect trafficking victims. While that may be true for their county, other locales in the state do not have the same resources. Among other supporters are Equality California, public defenders, and various “sex worker” groups. (For a complete list of supporters and opponents as of July, see the Assembly Public Safety Committee analysis.)
It is important to note that another aspect of the bill “creates a process for which a person arrested or convicted of loitering with intent to commitment prostitution may petition the court to recall, dismiss and seal the conviction.” This may be a laudable goal, but it is one that could be met in a separate bill that would not hamper law enforcement efforts with regard to sex trafficking. In fact, AB 262, a related bill that has had no opposition, is moving toward the Senate floor right now. That measure would, according to Senate Appropriations Committee analysis, “expand the ability to petition to vacate an arrest and conviction or juvenile adjudication of a non-violent crime committed by a person because they were a human trafficking victim. It also would expand the sealing and destruction of records, including DNA specimens, and subsequent notice requirements related to the vacated case.”
Where is SB 357 now?
SB 357 has passed the State Senate and is now in the Assembly Appropriations Committee suspense file, where it will be reviewed on August 26. The committee, chaired by San Diego Assembly Member Lorena Gonzalez (D), could hold the bill and keep it from proceeding, or it could send the bill to the full Assembly which has until the September 10 end of this session to vote on its fate.
What can you do?
For those concerned about SB 357, there are several action steps to help stop its path toward law. Consider contacting members of the Assembly Appropriations Committee prior to August 26. You may also call your assembly member with your views, as the floor vote could happen quickly if the bill is passed out of that committee. Find your assembly member here. For those opposed, The National Center for Sexual Exploitation has an online contact form that will send an email message to your assembly member here.
