BILL NUMBER: AB 2015	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Mitchell

                        FEBRUARY 23, 2012

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2015, as amended, Mitchell. Criminal procedure: telephone
calls: arrested custodial parents.
   Under existing law, 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 specified.  Existing law requires that a sign
informing the arrestee of this right   be posted in a
conspicuous place.  Under existing law, if the arrested person
is identified as a custodial parent with responsibility for a minor
child, the arrested person is entitled to make 2 additional calls for
the purpose of arranging for the care of the minor child or children
in the parent's absence, as specified. 
   This bill would state the intent of the Legislature to enact
legislation that would ensure that the right of an arrested custodial
parent to make telephone calls or otherwise arrange for the care of
a minor child or children during his or her absence is applied
without regard to immigration status or language of the person
arrested.  
   This bill would require the arresting or booking officer to
inquire as to whether the arrested person is a custodial parent with
responsibility for a minor child immediately upon booking, and,
except where physically impossible, no later than 3 hours after
arrest. The bill would require a sign to be posted in a conspicuous
place informing the arrestee that, if he or she is a custodial
parent, he or she has the right to make the additional telephone
calls. The bill would require that the signs informing the arrestee
of his or her right to make telephone calls be made in any
non-English language spoken by a substantial number of the public who
are served by the police facility or place of detainment, as
provided. The bill would state that the rights and duties provided by
these provisions shall be enforced regardless of the arrestee's
immigration status.  
   By imposing new duties on local agencies, 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no
  yes  .


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)  (1)    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 
    (2)     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   Immediately upon
being booked, and, except where physically impossible, no later than
three hours after arrest, the arresting or booking officer shall
inquire as to whether the arrested person is  a custodial parent
with responsibility for a minor child  , the  
. Any  arrested person  who is a custodial parent with
responsibility for a minor child  shall be entitled to make two
additional  telephone  calls at no expense if the 
telephone  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) 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, if he or she is a custodial parent with
responsibility for a minor child, has the right to two additional
telephone calls within the local dialing area, or at his or her own
expense if outside the local area, for the purpose of arranging for
the care of the minor child or children in the parent's absence.
 
   (d) 
    (e)  These telephone calls shall be given immediately
upon request, or as soon as practicable. 
   (f) The signs posted pursuant to subdivisions (b) and (d) shall
make the specified notifications in any non-English language spoken
by a substantial number of the public, as specified in Section 7296.2
of the Government Code, who are served by the police facility or
place of detainment.  
   (g) The rights and duties set forth in this section shall be
enforced regardless of the arrestee's immigration status. 

   (e)
    (h)  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) 
    (i)  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.    If the Commission on State Mandates
determines that this act contains 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.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would ensure that the right of an arrested
custodial parent to make telephone calls or otherwise arrange for the
care of a minor child or children during his or her absence is
applied without regard to immigration status or language of the
person arrested.