Bill Text: CA AB2015 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Criminal procedure: telephone calls: arrested custodial

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2012-09-30 - Chaptered by Secretary of State - Chapter 816, Statutes of 2012. [AB2015 Detail]

Download: California-2011-AB2015-Amended.html

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BILL NUMBER: AB 2015	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 25, 2012
	AMENDED IN ASSEMBLY  APRIL 11, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Mitchell
    (   Coauthor:   Assembly Member  
Alejo   ) 
   (   Coauthor:   Senator   De León
  ) 

                        FEBRUARY 23, 2012

   An act to amend Section 851.5 of the Penal Code, relating to
criminal procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2015, as amended, Mitchell. Criminal procedure: telephone
calls: arrested custodial parents.
   Under existing law, immediately upon being booked and, except
where physically impossible, no later than three hours after arrest,
an arrested person has the right to make at least three completed
telephone calls, as specified. Existing law requires that a sign
informing the arrestee of this right be posted in a conspicuous
place. Under existing law, if the arrested person is identified as a
custodial parent with responsibility for a minor child, the arrested
person is entitled to make 2 additional calls for the purpose of
arranging for the care of the minor child or children in the parent's
absence, as specified.
   This bill would require the arresting or booking officer to
inquire as to whether the arrested person is a custodial parent with
responsibility for a minor child  immediately  
as soon as practicable  upon arrest  , and 
 but  , except where physically impossible, no later than 3
hours after arrest. The bill would require the booking officer or
arresting officer to inform the person that he or she is entitled to,
and may request to, make 2 additional telephone calls to arrange for
care of a minor child, as provided, and would require a sign to be
posted in a conspicuous place informing the arrestee that, if he or
she is a custodial parent, he or she has the right to make the
additional telephone calls. The bill would require that the signs
informing the arrestee of his or her right to make telephone calls be
made in any non-English language spoken by a substantial number of
the public who are served by the police facility or place of
detainment, as provided. The bill would state that the rights and
duties provided by these provisions shall be enforced regardless of
the arrestee's immigration status. The bill would also require an
arrestee or detainee to be informed of the right to, and would
authorize the person to request to, make at least 2 additional
telephone calls to notify a child caregiver or family member when the
person is  released,  transferred,  or
 held for immigration reasons  , or released to the
custody of federal immigration authorities  .
   By imposing new duties on local agencies, this bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 851.5 of the Penal Code is amended to read:
   851.5.  (a) (1) Immediately upon being booked and, except where
physically impossible, no later than three hours after arrest, an
arrested person has the right to make at least three completed
telephone calls, as described in subdivision (b).
   (2) The arrested person shall be entitled to make at least three
calls at no expense if the calls are completed to telephone numbers
within the local calling area or at his or her own expense if outside
the local calling area.
   (b) At any police facility or place where an arrestee is detained,
a sign containing the following information in bold block type shall
be posted in a conspicuous place:
   That the arrestee has the right to free telephone calls within the
local calling area, or at his or her own expense if outside the
local calling area, to three of the following:
   (1) An attorney of his or her choice or, if he or she has no
funds, the public defender or other attorney assigned by the court to
assist indigents, whose telephone number shall be posted. This
telephone call shall not be monitored, eavesdropped upon, or
recorded.
   (2) A bail bondsman.
   (3) A relative or other person.
   (c)  Immediately   As soon as practicable
 upon being arrested  and   but  ,
except where physically impossible, no later than three hours after
arrest, the arresting or booking officer shall inquire as to whether
the arrested person is a custodial parent with responsibility for a
minor child. The arresting or booking officer shall notify the
arrested person who is a custodial parent with responsibility for a
minor child that he or she is entitled to, and may request to, make
two additional telephone calls at no expense if the telephone calls
are completed to telephone numbers within the local calling area, or
at his or her own expense if outside the local calling area, to a
relative or other person for the purpose of arranging for the care of
the minor child or children in the parent's absence.  The
notice required by this subdivision shall be conducted in the
arrestee's primary language and can be conducted either by the
arresting officer or other representative of the arresting agency or
through an oral interpretation telephone service that the arresting
agency believes is competent to provide these services. 
   (d) At any police facility or place where an arrestee is detained,
a sign containing the following information in bold block type shall
be posted in a conspicuous place:

   That the 
    The  arrestee, if he or she is a custodial parent with
responsibility for a minor child, has the right to two additional
telephone calls within the local dialing area, or at his or her own
expense if outside the local area, for the purpose of arranging for
the care of the minor child or children in the parent's absence.

   (e) These telephone calls shall be given immediately upon request,
or as soon as practicable.
   (f) The signs posted pursuant to subdivisions (b) and (d) shall
make the specified notifications in any non-English language spoken
by a substantial number of the public, as specified in Section 7296.2
of the Government Code, who are served by the police facility or
place of detainment.
   (g) The rights and duties set forth in this section shall be
enforced regardless of the arrestee's immigration status.
   (h) Upon being  released or  transferred for any
reason,  or  being held for immigration reasons,
 or being released to the custody of federal immigration
authorities,  an arrestee or detainee shall be informed of the
right to, and may request to, make at least two telephone calls to
notify a child caregiver or family member of the release, transfer,
or hold and the location to which he or she will be transferred or
the location of release  , if known  .
   (i) This provision shall not abrogate a law enforcement officer's
duty to advise a suspect of his or her right to counsel or of any
other right.
   (j) Any public officer or employee who willfully deprives an
arrested person of any right granted by this section is guilty of a
misdemeanor.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.