BILL ANALYSIS Ó
AB 303
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Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
303 (Gonzalez) - As Amended April 16, 2015
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Urgency: No State Mandated Local Program: YesReimbursable:
Yes
SUMMARY:
This bill requires that all persons within sight of specified
pre-arraignment detainees and incarcerated juveniles during a
strip search, as defined, or a visual or physical body cavity
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search, as defined, be of the same sex as the person being
searched, except for licensed medical personnel.
FISCAL EFFECT:
Minor, potentially reimbursable mandated costs, if additional
same sex personnel are required beyond existing staff resources
at the time the qualifying strip is conducted.
COMMENTS:
1)Purpose. According to the author, "AB 303 will strengthen
current law regarding strip searches - which already prohibits
officers of the opposite sex to be present-and give further
clarification to prevent the unnecessary visual contact
between individuals during these procedures. This is a small
but necessary step to protect the state and federal
constitutional rights of inmates, especially those in juvenile
detention centers."
2)Modification of Current Law. This bill maintains the existing
practice of permitting strip searches of inmates prior to them
entering the general population. However, the bill mandates
that these searches be conducted out of view of all persons
not of the same gender as the person being searched. This
bill seeks a clarification which is wholly consistent with
existing law. This bill specifies that all persons within
view of the search must also be of the same gender. There
have been reports of officers being in view of searches, who
were not in the immediate vicinity.
3)Argument in Support: According to the California Public
Defenders Association, "Current law requires that any strip
search, physical body cavity search, or visual body cavity
search of an arrestee be conducted by a person of the same sex
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as the arrestee, and only in the presence of others of the
same sex as the arrestee. AB 303 would amend Penal Code
section 4030 to also require that when such searches are
conducted, any person "within sight of the inmate" be of the
same sex as the person being searched. The new requirement
will maintain current exceptions for physicians or licensed
medical personnel. Penal Code section 4030 applies only to
prearrangement detainees, including minors, arrested for
infraction or misdemeanor cases.
"CPDA supports the goal of AB 303, which is to ensure that
such searches are conducted in a manner that helps to
minimize, at least in some measure, the indignity suffered by
those arrested for low-level offenses."
4)Prior Legislation:
a) SB 1536 (Leno), 2011-2012 Legislative Session, would
have clarified that a person charged with a misdemeanor or
infraction shall be brought before a magistrate before
being confined in the general population of the jail. SB
1536 failed passage in the Senate Appropriations.
b) AB 1367 (Waters), Chapter 35, Statutes of 1984, created
the current statute authorizing strip searches for inmates
prior to release into the general population.
Analysis Prepared by:Pedro R. Reyes / APPR. / (916) 319-2081
AB 303
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