BILL NUMBER: SB 434	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 22, 2009
	AMENDED IN SENATE  APRIL 2, 2009

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

                        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 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   if a person
 visiting an inmate  are subject   is found
to be in possession of a cellular telephone or other wireless
communication device when searched or subjected  to 
search   a metal detector  , as specified, 
and  that  any  cellular telephone or
wireless communication device  found as a result of the
search would be confiscated   shall be subject to
confiscation  . 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, 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   If a  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.