BILL NUMBER: SB 434	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 2, 2009

INTRODUCED BY   Senators Benoit and Huff
   (Principal coauthor: Senator Padilla)

                        FEBRUARY 26, 2009

   An act to add Section 4576 to the Penal Code, relating to
correctional facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 434, as amended, Benoit. Correctional facilities: wireless
communication devices.
   Existing law establishes various offenses relating to the
unauthorized provision of specified items to persons confined in
local and state correctional facilities.
   This bill would provide, subject to exceptions, that  any
person who is in possession of, or who willingly and knowingly
delivers, or attempts to deliver, to any person who is confined in,
or within the grounds belonging to or adjacent to, any state prison,
prison road camp, prison forest camp, any other prison camp or prison
farm, or any other place where prisoners are located and under the
custody of the Department of Corrections and Rehabilitation, any
cellular telephone or other wireless communication device, is guilty
of a felony.   any inmate or ward who possesses any
cellular telephone or   other wireless communication device
or any person who possesses with the intent to deliver, or delivers,
to an inmate or ward in the custody of the Department of Corrections
and Rehabilitation, any cellular telephone or other wireless
communication device is guilty of a misdemeanor, punishable by a fine
not exceeding $5,000. The bill would also provide that persons
visiting an inmate are subject to search, as specified, and that any
cellular telephone or wireless communication device found as a result
of the search would be confiscated. The bill would require posted
notices regarding those search and confiscation provisions, as
specified. 
   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:

  SECTION 1.  Section 4576 is added to the Penal Code, to read:
   4576.   (a)    Except as otherwise authorized by
law, or when authorized by the person in charge of the prison or
other institution subject to this section, or by an officer of the
institution empowered to give that authorization,  any person
who is in possession of, or who willingly and knowingly delivers, or
attempts to deliver, to any person who is confined in, or within the
grounds belonging to or adjacent to, any state prison, prison road
camp, prison forest camp, any other prison camp or prison farm, or
any other place where prisoners are located and under the custody of
the Department of Corrections and Rehabilitation, any cellular
telephone or other wireless communication device, is guilty of a
felony.   and except as provided in subdivision (b), any
inmate or ward who possesses any cellular telephone or other
wireless communication device or any person who possesses with the
intent to deliver, or delivers, to an inmate or ward in the custody
of the Department of Corrections and Rehabilitation, any cellular
telephone or other wireless communication device, is guilty of a
misdemeanor, punishable by a fine not to exceed five thousand dollars
($5,000). 
    (b) When any person visiting an inmate in the custody of the
Department of Corrections and Rehabilitation who, upon being searched
or subjected to a metal detector, is found to be in possession of a
cellular telephone or other wireless communication device, that
device shall be subject to confiscation. Notice of this provision
shall be posted in all areas where visitors are searched prior to
visitation with an inmate in the custody of the Department of
Corrections and Rehabilitation. 
  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.