California Assembly Bill AB63

California 2025-2026 Regular Session

• Introduced: 12/2/24
• Refer: 3/24/25
• Report Pass: 3/24/25
• Report Pass: 3/25/25
• Refer: 3/25/25
• Report Pass: 3/27/25
• Refer: 3/28/25
• Failed: 2/2/26

Caption

An act to add Sections 653.20 and 653.22 to the Penal Code, relating to crimes.

Summary

AB 63 would reinstate California’s former misdemeanor offense for loitering in a public place with the intent to commit prostitution, which had been in effect until January 1, 2023. The bill defines key terms such as “loiter,” “public place,” and “commit prostitution,” and lists nonexclusive factors that courts may consider in determining intent, including repeated solicitation of pedestrians or motorists, prior prostitution-related convictions, and recent prostitution-related conduct. It also excludes children under 18 from prosecution under this section and instead points to dependency and child welfare procedures for commercially exploited minors. The bill adds two major law-enforcement requirements. First, officers may not make an arrest under this section solely because of a person’s perceived gender identity or sexual orientation. Second, before making an arrest, law enforcement must document its attempts to offer services to the suspected individual. The bill also directs officers to apply human-trafficking procedures when appropriate and to initiate an investigation under the human trafficking statute if the person is determined to be a victim and crimes have occurred.

Impact

AB 63 would amend the Penal Code by adding Sections 653.20 and 653.22, thereby restoring a criminal offense that had previously been repealed and reestablishing a misdemeanor basis for arrest and prosecution related to loitering with intent to commit prostitution. It would also impose new operational duties on local and state law enforcement agencies, including documentation of service referrals and limits on arrests based on perceived gender identity or sexual orientation. Because it creates a new crime and new local enforcement obligations, the bill is treated as a state-mandated local program and includes provisions addressing potential state reimbursement for mandated costs.

Sentiment

The available record shows limited formal debate, with no committee transcript excerpts and no recorded votes in the provided materials. The bill advanced through the Assembly Public Safety Committee and was filed with the Chief Clerk pursuant to Joint Rule 56, suggesting it moved procedurally but without a documented floor vote in the supplied context. The text itself indicates an intent to pair enforcement with service referral and trafficking protections, which may be designed to address concerns about discriminatory or overly punitive enforcement.

Contention

The main points of contention are likely to be the reinstatement of a loitering-based prostitution offense and the discretion it gives law enforcement to infer intent from conduct and prior history. Critics of such laws often argue they can lead to profiling, especially of women, LGBTQ individuals, sex workers, and trafficking victims; AB 63 directly responds to some of those concerns by barring arrests based solely on perceived gender identity or sexual orientation and by requiring service-offer documentation. Supporters are likely to emphasize public-order enforcement, deterrence of solicitation, and the bill’s trafficking-related safeguards and child-exploitation exceptions.