BILL NUMBER: AB 1942	CHAPTERED  09/29/06

	CHAPTER  729
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2006
	PASSED THE ASSEMBLY  AUGUST 14, 2006
	PASSED THE SENATE  AUGUST 10, 2006
	AMENDED IN SENATE  JUNE 20, 2006
	AMENDED IN ASSEMBLY  MARCH 14, 2006

INTRODUCED BY   Assembly Member Nava
   (Coauthors: Assembly Members Bass, Goldberg, Koretz, Leno, and
Lieber)
   (Coauthors: Senators Kuehl and Migden)

                        FEBRUARY 1, 2006

   An act to add Sections 833.2 and 13517.7 to the Penal Code,
relating to arrests.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1942, Nava  Arrests.
   Existing law generally regulates the conditions of arrest.
   This bill would express the intent of the Legislature regarding
the development of protocols by law enforcement and other entities,
pertaining to arresting caretaker parents or guardians of minors, to
ensure the safety and well-being of the minor. The bill would also
state that the Legislature encourages the Department of Justice to
apply for a federal grant to train local law enforcement agencies and
assist them in developing protocols pertaining to child safety when
a caretaker parent or guardian is arrested.
   Existing law establishes the Commission on Peace Officer Standards
and Training and charges it with various responsibilities.
   This bill would require the commission to develop guidelines and
training for use by state and local law enforcement officers to
address issues related to child safety when a caretaker parent or
guardian is arrested, as specified.


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


  SECTION 1.  Section 833.2 is added to the Penal Code, to read:
   833.2.   (a) It is the intent of the Legislature to encourage law
enforcement and county child welfare agencies to develop protocols in
collaboration with other local entities, which may include local
educational, judicial, correctional, and community-based
organizations, when appropriate, regarding how to best cooperate in
their response to the arrest of a caretaker parent or guardian of a
minor child, to ensure the child's safety and well-being.
   (b) The Legislature encourages the Department of Justice to apply
to the federal government for a statewide training grant on behalf of
California law enforcement agencies, with the purpose of enabling
local jurisdictions to provide training for their law enforcement
officers to assist them in developing protocols and adequately
addressing issues related to child safety when a caretaker parent or
guardian is arrested.
  SEC. 2.  Section 13517.7 is added to the Penal Code, to read:
   13517.7.  (a) The commission shall develop guidelines and training
for use by state and local law enforcement officers to address
issues related to child safety when a caretaker parent or guardian is
arrested.
   (b) The guidelines and training shall, at a minimum, address the
following subjects:
   (1) Procedures to ensure that officers and custodial employees
inquire whether an arrestee has minor dependent children without
appropriate supervision.
   (2) Authorizing additional telephone calls by arrestees so that
they may arrange for the care of minor dependent children.
   (3) Use of county child welfare services, as appropriate, and
other similar service providers to assist in the placement of
dependent children when the parent or guardian is unable or unwilling
to arrange suitable care for the child or children.
   (4) Identification of local government or nongovernmental agencies
able to provide appropriate custodial services.
   (5) Temporary supervision of minor children to ensure their safety
and well-being.
   (6) Sample procedures to assist state and local law enforcement
agencies to develop ways to ensure the safety and well-being of
children when the parent or guardian has been arrested.
   (c) The commission shall use appropriate subject matter experts,
including representatives of law enforcement and county child welfare
agencies, in developing the guidelines and training required by this
section.