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

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

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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-Amended.html

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BILL NUMBER: SB 796	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 25, 2011
	AMENDED IN SENATE  MARCH 29, 2011

INTRODUCED BY   Senator Blakeslee

                        FEBRUARY 18, 2011

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


	LEGISLATIVE COUNSEL'S DIGEST

F   SB 796, as amended, 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
 are  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  any item that
has   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 
$5,000   $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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
F  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 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  five thousand dollars ($5,000)   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
Fidentity 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, 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 inmate
or ward, 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.
  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.