BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2015|
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THIRD READING
Bill No: AB 2015
Author: Mitchell (D), et al.
Amended: 8/21/12 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 7/3/12
AYES: Hancock, Anderson, Liu, Price, Steinberg
NO VOTE RECORDED: Calderon, Harman
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/16/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
ASSEMBLY FLOOR : 78-0, 5/30/12 - See last page for vote
SUBJECT : Criminal procedure: telephone calls: arrested
custodial
parents
SOURCE : California Latinas for Reproductive Justice
Forward Together
DIGEST : This bill requires an arresting or booking
officer to inquire if an arrested person is a custodial
parent with responsibility for a minor child, and to
require that a sign be posted, in English and non-English,
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.
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ANALYSIS : Existing law 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. (Penal Code § 851.5(a).)
Existing law 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:
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;
A bail bondsman; and
A relative or other person.
This bill requires those signs be in English and any
non-English language spoken by a substantial number of
those people in surrounding area.
Existing law 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 parents
absence. (Penal Code § 851.5(c).)
This bill provides that as soon as practicable upon being
arrested, and except where physically impossible, no later
than three hours after arrest, the arresting or booking
officer shall 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.
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This bill 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.
This bill requires that the posted signs make the specified
notification in any non-English language spoken by a
substantial number of the public served by police facility
or place of detainment.
This bill states 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Ongoing state-reimbursable costs potentially in the low
hundreds of thousands of dollars (General Fund) resulting
from direct inquiry by local law enforcement officers to
identify and notify custodial parents of their right to
additional telephone calls, based on the impact over 1.4
million arrestees per year.
Potential cost pressure (General Fund) on the courts
associated with increased causes of action related to
claims of failure to properly inquire/notify arrestees.
Ongoing state-reimbursable costs potentially in excess of
$360,000 (General Fund) statewide for increased custodial
costs resulting from active notification by local law
enforcement officers to arrestees and detainees upon hold
or release, as specified, of their right to two
additional telephone calls, and the additional custody
time required for the new telephone calls.
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One-time state-reimbursable costs likely less than
$50,000 to post the required signage, as specified.
SUPPORT : (Verified 8/21/12)
California Latinas for Reproductive Justice (co-source)
Forward Together (co-source)
Access Women's Health Justice
ACLU
API Equality Northern California
Applied Research Center
Asian Americans for Civil Rights and Equality
Asian Law Alliance
Asian Pacific Environmental Network
Bay Area Communities for Health Education
Books not Bars
California Attorneys for Criminal Justice
California Catholic Conference
California Communities United Institute
California Healthy Nail Salon Collaborative
California Immigrant Policy Center
California Public Defenders Association
California Rural Legal Assistance Foundation
Californians United for a Responsible Budget
Center for Restorative Justice Works
Center for Young Women's Development
Central American Resource Center
Coalition for Humane Immigrant Rights of Los Angeles
Community Health Partnership
County Welfare Directors Association of California
First Focus Campaign for Children
Forward Together
Fresno Barios Unidos
Friends Committee on Legislation of California
Justice Now
Labor/Community Strategy Center
Law Students for Reproductive Justice for Prisoners with
Children
Los Angeles Dependency Lawyers, Inc.
MALDEF
Mexican American Legal Defense and Education Fund
National Asian Pacific American Women's Forum
National Association of Social Workers
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National Council of Jewish Women
National Latina Institute for Reproductive Health
Rights & Education Network
Services, Immigrant
Violence Prevention Coalition of Greater Los Angeles
Women's Health Specialists
Womens Community Clinic
Youth Law Center
ARGUMENTS IN SUPPORT : According to the author:
Current law allows arrested custodial parents the
right to make at least two telephone calls to arrange
for care of their minor children, but does not require
that an arrestee be informed of this right. Increased
involvement of state and local law enforcement
agencies in immigration enforcement has led to citizen
children being separated from their non-citizen
parents and unnecessarily being placed in the foster
system with non-relatives.
AB 2015 clarifies that an arresting or booking officer
is responsible to inquire whether an arrestee is a
custodial parent, and if so to notify the arrestee of
the right to make telephone calls to arrange for care
of his or her minor children. It also requires that
an arrestee be allowed to make additional telephone
calls to maintain contact with the designated
caregiver of the children upon transfer or placement
of an ICE hold.
The recent Applied Research Center study "Shattered
Families" concluded that approximately 6% of foster
cases in Los Angeles County (approximately 1,200
children) involve children of deported parents.
The Violence Prevention Coalition of Greater Los Angeles
states:
AB 2015 helps ensure that close friends and family
members are called on to care for an arrestee's minor
child instead of unnecessarily adding to the burden of
already over-burdened child welfare and foster
systems. AB 2015 represents a win-win situation:
local governments and the state save money while
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children are cared for in a way that can diminish the
trauma of a parent being arrested. The long-term costs
of inaction far outweigh the initial investment to
ensure that parents and children benefit from the
strengthening and implementation of existing law.
ASSEMBLY FLOOR : 78-0, 05/30/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Wagner, Wieckowski, Williams, Yamada, John A.
Pérez
NO VOTE RECORDED: Fletcher, Valadao
RJG:n 8/21/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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