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 Page 3 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