BILL NUMBER: AB 760	CHAPTERED  10/07/05

	CHAPTER  635
	FILED WITH SECRETARY OF STATE  OCTOBER 7, 2005
	APPROVED BY GOVERNOR  OCTOBER 7, 2005
	PASSED THE ASSEMBLY  SEPTEMBER 7, 2005
	PASSED THE SENATE  SEPTEMBER 6, 2005
	AMENDED IN SENATE  AUGUST 30, 2005
	AMENDED IN SENATE  AUGUST 16, 2005

INTRODUCED BY   Assembly Member Nava
   (Coauthors: Assembly Members DeVore, Dymally, Koretz, and Leno)
   (Coauthors: Senators Alquist, Kuehl, and Romero)

                        FEBRUARY 18, 2005

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 760, Nava  Criminal procedure.
   Existing law provides an arrested person with certain rights
regarding the opportunity to make telephone calls incident to the
person being booked or detained, as specified. The willful
deprivation of these rights by a public officer or employee is a
misdemeanor.
   This bill would, in addition, provide that when, during booking,
an arrested person is determined to be a custodial parent of a minor
child or children, the person would be entitled to make 2 telephone
calls at no expense, as specified, for the purpose of arranging for
the care of the minor child or children.
   By imposing additional duties on local government entities, this
bill would impose a state-mandated local program.  By expanding the
scope of an existing 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.


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) 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).
   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.
   (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 dialing area, or at his or her own expense if outside the
local 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) If, upon questioning during the booking process, the arrested
person is identified as a custodial parent with responsibility for a
minor child, the arrested person shall be entitled to make two
additional calls at no expense if the calls are completed to
telephone numbers within 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.
   (d) These telephone calls shall be given immediately upon request,
or as soon as practicable.
   (e) 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.
   (f) 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.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
   However, if the Commission on State Mandates determines that this
act contains other 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.