Bill Text: CA SB796 | 2011-2012 | Regular Session | Chaptered

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Bill Title: State hospitals: prohibited items: misdemeanor penalty.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2011-08-31 - Chaptered by Secretary of State. Chapter 201, Statutes of 2011. [SB796 Detail]

Download: California-2011-SB796-Chaptered.html

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BILL NUMBER: SB 796	CHAPTERED
	BILL TEXT

	CHAPTER  201
	FILED WITH SECRETARY OF STATE  AUGUST 31, 2011
	APPROVED BY GOVERNOR  AUGUST 31, 2011
	PASSED THE SENATE  AUGUST 22, 2011
	PASSED THE ASSEMBLY  JULY 14, 2011
	AMENDED IN ASSEMBLY  JUNE 15, 2011
	AMENDED IN SENATE  MAY 24, 2011
	AMENDED IN SENATE  MAY 10, 2011
	AMENDED IN SENATE  APRIL 25, 2011
	AMENDED IN SENATE  MARCH 29, 2011

INTRODUCED BY   Senator Blakeslee
   (Coauthors: Assembly Members Allen and Valadao)

                        FEBRUARY 18, 2011

   An act to add Section 4139 to the Welfare and Institutions Code,
relating to state hospitals.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 796, Blakeslee. State hospitals: prohibited items: misdemeanor
penalty.
   Existing law provides for state mental hospitals for the treatment
of mentally disordered persons. Existing law places these hospitals
under the jurisdiction of the State Department of Mental Health, and
authorizes the department to adopt uniform rules and regulations
regarding the conduct and management of these facilities, including
prohibiting patients from possessing certain items.
   This bill would make the possession with the intent to deliver, or
delivery, to a patient in a state hospital specified items, if they
have been prohibited for possession by a patient either by statute or
by regulation, a misdemeanor, punishable by a fine not to exceed
$1,000 for each item. The bill would also require the confiscation
from a visitor of an item prohibited for possession by a patient if
discovered upon being searched or subjected to a metal detector and
would require, unless the item is held as evidence, the return of the
item the same day. By creating a new crime, 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 no reimbursement is required by this
act for a specified reason.


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

  SECTION 1.  Section 4139 is added to the Welfare and Institutions
Code, to read:
   4139.  (a) Except as otherwise authorized by law, or when
authorized by the director of the state hospital, and except as
provided in subdivision (b), a person who possesses with the intent
to deliver, or delivers, to a patient in a state hospital listed in
Section 4100 any item listed in paragraphs (1) to (3), inclusive,
that has been prohibited for possession by a patient either by
statute or by regulation is guilty of a misdemeanor, punishable by a
fine not to exceed one thousand dollars ($1,000) for each item.
   (1) A cellular telephone or other wireless communication device,
or any component thereof, including, but not limited to, a subscriber
identity card (SIM card) or memory storage device.
   (2) Tobacco products, if the state hospital has a ban on tobacco
products.
   (3) Money, in excess of the limitations and restrictions adopted
by the state hospital.
   (b) If a person visiting a patient in a state hospital listed in
Section 4100, upon being searched or subjected to a metal detector,
is found to be in possession of an item prohibited for patient
possession pursuant to subdivision (a), the item shall be subject to
confiscation but shall be returned on the same day the person visits
the patient, unless the item is held as evidence in a case where the
person is cited for a violation of subdivision (a). If, upon
investigation, it is determined that no prosecution will take place,
the item shall be returned to the owner at the owner's expense.
Notice of this provision shall be posted in all areas where visitors
are searched prior to visitation with a patient and outside the
facility in a location easily visible to visitors so that they can
leave prohibited items in their cars before entering the visitor
area.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.