BILL NUMBER: AB 2015 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 27, 2012
PASSED THE ASSEMBLY AUGUST 29, 2012
AMENDED IN SENATE AUGUST 21, 2012
AMENDED IN ASSEMBLY MAY 25, 2012
AMENDED IN ASSEMBLY APRIL 11, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Mitchell
(Coauthor: Assembly Member Alejo)
(Coauthor: Senator De León)
FEBRUARY 23, 2012
An act to amend Section 851.5 of the Penal Code, relating to
criminal procedure.
LEGISLATIVE COUNSEL'S DIGEST
AB 2015, 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 require the arresting or booking officer to
inquire as to whether the arrested person is a custodial parent with
responsibility for a minor child as soon as practicable upon arrest
but, 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
English and 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.
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:
The arrestee has the right to free telephone calls within the
local 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) As soon as practicable upon being arrested but, 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 arresting or booking officer shall notify the arrested person who
is a custodial parent with responsibility for a minor child 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.
(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:
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 English and 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) 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) 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.