BILL ANALYSIS Ó
AB 2015
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CONCURRENCE IN SENATE AMENDMENTS
AB 2015 (Mitchell)
As Amended August 21, 2012
Majority vote
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|ASSEMBLY: |78-0 |(May 30, 2012) |SENATE: |37-0 |(August 27, |
| | | | | |2012) |
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Original Committee Reference: PUB. S.
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 telephone calls for the purpose of arranging for the
care of the child or children in the parent's absence.
The Senate amendment delete the requirement that an arrestee be
allowed to make two additional telephone calls to notify a child
caregiver or family member that the arrestee will be released or
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
telephone calls, as specified.
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
telephone 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.
3)Provides that if, upon questioning during the booking process, an
AB 2015
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arrested person is identified as a custodial parent with
responsibility for a minor child, the arrested person shall be
entitled to two additional telephone calls at no 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 parent's
absence.
AS PASSED BY THE ASSEMBLY , this bill:
1)Provided that as soon as practicable upon being arrested but,
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)Required 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.
3)Required that the posted signs make the specified notification in
any non-English language spoken by 5% or more of the public served
by police facility or place of detainment.
4)Stated that the rights and duties relating to additional phone
calls for custodial parents with responsibility for minor children
shall be enforced regardless of the arrestee's immigration status.
5)Provided that upon being transferred for any reason, being held
for immigration reasons, or being released to the custody of
federal immigration authorities, 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 if known.
FISCAL EFFECT : According to the Senate Appropriations Committee:
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1)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.
2)Potential cost pressure (General Fund) on the courts associated
with increased causes of action related to claims of failure to
properly inquire/notify arrestees.
3)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.
4)One-time state-reimbursable costs likely less than $50,000 to post
the required signage, as specified.
COMMENTS : 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 booking, 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."
Please see the policy committee analysis for a full discussion of
this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744FN:
0005368