BILL NUMBER: AB 2015	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 11, 2012
	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,
  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 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
  arrest  , and, except where physically
impossible, no later than 3 hours after arrest. The bill would
require  the booking officer or arresting officer to inform the
person that he or she is entitled to, and may request to, make 2
additional telephone calls to arrange for care of a minor child, as
provided, and 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.  The bill would also require an arrestee or
detainee to be informed of the right to, and would authorize the
person to request to, make at least 2 additional telephone calls to
notify a child caregiver or family member when the person is
released, transferred, or held for immigration reasons. 
   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: yes.
State-mandated local program: 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).
   (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  or at his or her own expense if
outside 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   calling  area, or at his
or her own expense if outside the local  calling  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) Immediately upon being  booked,  
arrested  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.  Any   The
arresting or booking officer shall notify the  arrested person
who is a custodial parent with responsibility for a minor child
 shall be   that he or she is  entitled to
 , and may request to   ,  make two additional
telephone calls at no expense if the telephone calls are completed to
telephone numbers within the local calling area  , or at his or
her own expense if outside 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.  The notice
required by this subdivision shall be conducted in the arrestee's
primary language and can be conducted either by the arresting officer
or other representative of the arresting   agency or
through an oral interpretation telephone service that the arresting
agency believes is competent to provide these services. 
   (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.
   (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. 
   (h) Upon being released or transferred for any reason, or being
held for immigration reasons, an arrestee or detainee shall be
informed of the right to, and may request to, make at least two
telephone calls to notify a child caregiver or family member of the
release, transfer, or hold and the location to which he or she will
be transferred or the location of release.  
   (h) 
    (i)  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. 
   (i) 
    (j)  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.