BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 303|
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THIRD READING
Bill No: AB 303
Author: Gonzalez (D)
Amended: 8/31/15 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/9/15
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 77-0, 5/7/15 (Consent) - See last page for
vote
SUBJECT: Searches: county jailsSearches: county jails.
SOURCE: Author
DIGEST: This bill requires that during a strip search or body
cavity search of a juvenile, all persons within sight be of the
same sex as the person being searched, except for physicians or
licensed medical personnel, as specified.
ANALYSIS:
Existing law:
1)Makes legislative findings and declarations that law
enforcement policies and practices for conducting strip or
body cavity searches of detained persons vary widely
throughout California. Consequently, some people have been
arbitrarily subjected to unnecessary strip and body cavity
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Page 2
searches after arrests for minor misdemeanor and infraction
offenses. Some present search practices violate state and
federal constitutional rights to privacy and freedom from
unreasonable searches and seizures. (Penal Code § 4030(a).)
2)States the intent of the Legislature in enacting this section
to protect the state and federal constitutional rights of the
people of California by establishing a statewide policy
strictly limiting strip and body cavity searches. (Penal Code
§ 4030(a).)
3)Provides that all persons conducting or otherwise present
during a strip search or visual or physical body cavity search
shall be of the same sex as the person being searched, except
for physicians or licensed medical personnel. (Penal Code §
4030(l).)
4)Provides that the provisions of these specified searches shall
apply only to pre-arraignment detainees arrested for
infraction or misdemeanor offenses and to any minor detained
prior to a detention hearing on the grounds that he or she is
a person described in specified sections of the Welfare and
Institutions Code alleged to have committed a misdemeanor or
infraction offense. The provisions of this section shall not
apply to any person in the custody of the Director of the
Department of Corrections or the Director of the Youth
Authority. (Penal Code § 4030(b).)
5)Defines "strip search" as a search which requires a person to
remove or arrange some or all of his or her clothing so as to
permit a visual inspection of the underclothing, breasts,
buttocks, or genitalia of such person. (Penal Code §
4030(c).)
6)Defines "body cavity" as the stomach or rectal cavity of a
person, and vagina of a female person. (Penal Code §
4030(d)(1).)
7)Defines "visual body cavity search" as the visual inspection
of a body cavity. (Penal Code § 4030(d)(2).)
8)Defines "physical body cavity search" as the physical
intrusion into a body cavity for the purpose of discovering
any object concealed in the body cavity. (Penal Code §
4030(d)(3).)
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9)States that when a person is arrested and taken into custody,
that person may be subjected to pat-down searches, metal
detector searches, and thorough clothing searches in order to
discover and retrieve concealed weapons and contraband
substances prior to being placed in a booking cell. (Penal
Code § 4030(e).)
10)Provides that no person arrested and held in custody on a
misdemeanor or infraction offense, except those involving
weapons, controlled substances or violence nor any minor
detained prior to a detention hearing on the grounds that he
or she is a person described in specified sections of the
Welfare and Institutions Code, except for those minors
alleged to have committed felonies or offenses involving
weapons, controlled substances or violence, shall be
subjected to a strip search or visual body cavity search
prior to placement in the general jail population, unless a
peace officer has determined there is reasonable suspicion
based on specific and articulable facts to believe such
person is concealing a weapon or contraband, and a strip
search will result in the discovery of the weapon or
contraband. No strip search or visual body cavity search or
both may be conducted without the prior written authorization
of the supervising officer on duty. The authorization shall
include the specific and articulable facts and circumstances
upon which the reasonable suspicion determination was made by
the supervisor. (Penal Code § 4030(f).)
11)Provides that no person arrested on a misdemeanor or
infraction offense, nor any minor, shall be subjected to a
physical body cavity search except under the authority of a
search warrant issued by a magistrate specifically
authorizing the physical body cavity search. (Penal Code §
4030(h).)
12)Provides that persons conducting a strip search or a visual
body cavity search shall not touch the breasts, buttocks, or
genitalia of the person being searched. (Penal Code §
4030(j).)
13)States that a physical body cavity search shall be conducted
under sanitary conditions, and only by a physician, nurse
practitioner, registered nurse, licensed vocational nurse or
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emergency medical technician Level II licensed to practice in
this state. Any physician engaged in providing health care
to detainees and inmates of the facility may conduct physical
body cavity searches. (Penal Code § 4030(k).)
14)Provides that all strip, visual and physical body cavity
searches shall be conducted in an area of privacy so that the
search cannot be observed by persons not participating in the
search. Persons are considered to be participating in the
search if their official duties relative to search procedure
require them to be present at the time the search is
conducted. (Penal Code § 4030(m).)
15)States that a person who knowingly and willfully authorizes
or conducts a strip, visual or physical body cavity search in
violation of this section is guilty of a misdemeanor. (Penal
Code § 4030(n).)
16)States that nothing in this section shall be construed as
limiting any common law or statutory rights of any person
regarding any action for damages or injunctive relief, or as
precluding the prosecution under another provision of law of
any peace officer or other person who has violated this
section. (Penal Code § 4030(o).)
17)States that any person who suffers damage or harm as a
result of a violation of this section may bring a civil
action to recover actual damages, or one thousand dollars
($1,000), whichever is greater. In addition, the court may,
in its discretion, award punitive damages, equitable relief
as it deems necessary and proper, and costs, including
reasonable attorney's fees. (Penal Code § 4030(p).)
This bill:
1)States that all persons conducting or otherwise present or
within sight of the juvenile during a strip search or visual
or physical body cavity search must be of the same sex as the
person being searched, except for physicians or licensed
medical personnel.
2)Authorizes any person who suffers damage or harm as a result
of a violation of this section to bring a civil action to
recover actual damages, or one thousand dollars ($1,000),
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whichever is greater. In addition, the court may, in its
discretion, award punitive damages, equitable relief as it
deems necessary and proper, and costs, including reasonable
attorney's fees.
Comments
On April 2, 2012, the Supreme Court upheld the validity of strip
searches by jail officials for even minor offenses when a person
is being placed in the general population. (Florence v. Board
of Chosen Freeholders of County of Burlington, 2012 US Lexis
2712.) The Court, however, did not directly address the issue
of strip searches before a person's detention is reviewed by a
judicial officer. (Id.)
California law regulates when and how strip searches occur in
local detention facilities. The provision, which was passed in
1984, has the codified legislative intent to strictly limit
strip and body cavity searches. The provisions of the law apply
only to adult and juvenile pre-arraignment detainees arrested
for infractions or misdemeanors. This bill maintains the
existing practice of permitting strip searches of inmates prior
to them entering the general population and simply specifies
that all persons within view of the search must also be of the
same gender. According to those in support, this modification,
while small, will make a significant difference to those persons
being searched and will not impose a significant burden on law
enforcement agencies conducting these searches.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee:
Minor ongoing costs (General Fund) to local jails to comply
with the added requirement that all persons within sight of a
prearraignment detainee charged with a misdemeanor or
infraction offense be of the same sex as the person being
searched.
Potentially significant one-time and ongoing costs in excess
of $150,000 (General Fund) statewide for local jails and
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county juvenile facilities to comply with the protections
regarding the manner in which a strip search or body cavity
search is conducted on all detained minors and wards of the
court. According to DOJ statistics, nearly 97,000 arrests of
juveniles occurred in 2013, of which nearly 32 percent
(30,800) accounted for felony arrests.
Minor and absorbable ongoing costs (General Fund) to the
California Department of Corrections and Rehabilitation (CDCR)
to comply with the search requirements for all minors placed
in CDCR facilities.
Non-reimbursable local costs for enforcement, offset to a
degree by fine revenue to the extent misdemeanor violations
are charged.
SUPPORT: (Verified8/28/15)
American Civil Liberties Union
California Attorneys for Criminal Justice
California Public Defenders Association
Los Angeles County Probation Officers Union
Legal Services for Prisoners with Children
Orange County Employees Association
Riverside Sheriffs' Association
State Coalition of Probation Organizations
Youth Law Center
OPPOSITION: (Verified8/28/15)
None received
ARGUMENTS IN SUPPORT:
According to the California Public Defenders Association (CPDA):
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 as
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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.
ASSEMBLY FLOOR: 77-0, 5/7/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,
Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,
Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin, Jones,
Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark
Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,
Wood, Atkins
NO VOTE RECORDED: Campos, Roger Hernández, Steinorth
Prepared by:Jessica Devencenzi / PUB. S. /
8/31/15 8:55:03
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