BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2015
                                                                  Page  1

          Date of Hearing:   April 17, 2012
          Chief Counsel:      Gregory Pagan


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                   AB 2015 (Mitchell) - As Amended:  April 11, 2012


           SUMMARY  :   Requires an arresting or booking officer to inquire 
          if an arrested person is a custodial parent with responsibility 
          for a minor child, and requires that a sign be posted in a 
          conspicuous place informing an arrested custodial parent of his 
          or her right to two additional phone calls for the purpose of 
          arranging for the care of the child or children in the parent's 
          absence.  Specifically,  this bill  :  

          1)Provides that immediately upon being arrested, and except 
            where physically impossible, no later than three hours after 
            arrest, the arresting or booking officer to inquire if an 
            arrested person is a custodial parent with responsibility for 
            a minor child, and to notify the arrested person of his or her 
            right to two additional telephone calls for the purpose of 
            arranging for the care of a child or children in the parent's 
            absence.

          2)States that the required notification 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.

          3)Requires that at any police facility or place where an 
            arrestee is detained, a sign be posted in a conspicuous place 
            with bold black letters informing an arrestee who is a 
            custodial parent with responsibility for a minor child of his 
            or her right to two additional telephone calls at no expense 
            if the telephone calls are within the local calling area, or 
            at his or her own expense if outside the local calling area, 
            for the purpose of arranging for the care of the child or 
            children in the parent's absence.

          4)Requires that the posted signs make the specified notification 








                                                                  AB 2015
                                                                  Page  2

            in any non-English language spoken by 5% or more of the public 
            served by police facility or place of detainment.

          5)State that the rights and duties relating additional phone 
            calls for custodial parents with responsibility for minor 
            children shall be enforced regardless of the arrestee's 
            immigration status.

          6)Provides that 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.

           EXISTING LAW  :

          1)Provides that immediately upon being booked and, except where 
            physically impossible, no later than three hours after arrest, 
            an arrested person has a right to make at least three 
            completed phone calls, as specified.  ÝPenal Code Section 
            851.5(a).]

          2)States that at any police facility or place where an arrestee 
            is detained, a sign posted in a conspicuous place, in bold 
            black type, shall inform an arrestee of his or her right to 
            make free phone calls, as specified, to three of the 
            following:

             a)   An attorney of his or her choice, or if he or she has no 
               funds, the public defender or other attorney assigned to 
               assist indigents;

             b)   A bail bondsman; and

             c)   A relative or other person.  ÝPenal Code Section 
               851.5(b).

          3)Provides that if, upon questioning during the booking process, 
            an arrested person is identified as a custodial parent with 
            responsibility for a minor child, the arrested person shall be 
            entitled to two additional phone calls at now expense if the 
            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 








                                                                  AB 2015
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            parents absence.  ÝPenal Code Section 851.5(c).]

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "This bill will 
            clarify that law enforcement officers are responsible to ask 
            whether an arrestee is a custodial parent at the time of 
            arrest or booing, and to inform the individual of the right to 
            make two additional phone calls to arrange for care of his or 
            her minor children.  The bill further ensures that these 
            rights are communicated in written and oral form in the 
            arrestee's own language."  
           
           2)Prior Legislation  :  AB 760, Chapter 635, Statutes of 2005, 
            required that if, during the booking process, an arrested 
            person is identified as a custodial parent with responsibility 
            for a minor child, the arrested person shall be given two 
            additional phone calls for the purpose of arranging for the 
            care of the minor child or children, as specified.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 

           California Latinas for Reproductive Justice (Co-Sponsor)
          Forward Together (Co-Sponsor)
          American Civil Liberties Union
          Applied Research Center
          Asian Americans for Civil Rights and Equality
          Asian pacific Environmental Network
          Books Not Bars
          Buiilding Community Through Arts and Education
          California Communities United Institute
          California Healthy Nail Salon Collective
          California Immigrant Policy Center
          California Rural Legal Assistance Foundation
          Californians United for a Responsible Budget
          Center for Restorative Justice Works
          Center for Young Women's Development
          Coalition for Humane Immigrant Rights Los Angeles
          Community Health Partnership
          Dream Team Los Angeles
          First Focus Campaign for Children








                                                                  AB 2015
                                                                  Page  4

          Friends Committee on Legislation of California
          Fresno Barrios Unidos
          Justice Now
          Labor Community Strategy Center
          Law Students for Reproductive Justice
          Legal Services for Prisoners with Children
          Los Angeles Dependency Lawyers, Inc.
          Mexican American Legal Defense and Educational Fund
          National Asian Pacific American Women's Forum
          National Association of Social Workers, California Chapter
          National Latina Institute for Reproductive health
          The Sentencing Project
          Tiburcio Vasquez Health Center, Inc.
          Women's Community Clinic
          Youth Law Center
          Six private individuals

           Opposition 
           
          None
           

          Analysis Prepared by  :    Gregory Pagan / PUB. S. / (916) 
          319-3744