BILL ANALYSIS Ó AB 1705 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1705 (Rodriguez) As Amended June 8, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |60-4 |(March 31, |SENATE: |38-0 |(August 1, 2016) | | | |2016) | | | | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: PUB. S. SUMMARY: Authorizes law enforcement to use a body scanner to search a person arrested for the commission of any misdemeanor or infraction and taken into custody. The Senate amendments: 1)Require an agency utilizing a body scanner to try to avoid knowingly using a body scanner on a woman who is pregnant. 2)Require a person within sight of the image depicting the body of the detainee to be of the same sex as the detainee, except for physicians or licensed medical personnel. EXISTING LAW: AB 1705 Page 2 1)States legislative intent 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 after arrests for minor misdemeanor and infraction offenses. 2)States that when a person is arrested and taken into custody for a misdemeanor or infraction, 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. 3)Provides that no arrestee held in custody for a misdemeanor or infraction, except for those 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 that a strip search will result in the discovery of the weapon or contraband. 4)Allows a strip search or body cavity search without reasonable suspicion based on specific and articulable facts if a person is arrested on a misdemeanor or infraction involving weapons, controlled substances, or violence. 5)Requires the supervising officer on duty to authorize a strip search or visual body cavity search. 6)Prohibits a person arrested and held in custody for a misdemeanor or infraction not involving weapons, controlled substances, or violence from being confined in the general jail population unless the person is not cited and released, AB 1705 Page 3 is not released on his or her own recognizance, and is not able to post bail within a reasonable time, not less than three hours. 7)Prohibits law enforcement from subjecting a person arrested and held in custody for a misdemeanor or infraction to a physical body cavity search without obtaining a search warrant. 8)States that when a detainee is being subjected to a strip search or a body cavity search, the person conducting the search, as well as persons present or within sight of the detainee, must be of the same sex as the detainee being searched. 9)Defines "strip search," "physical body cavity search," and "visual body cavity search" as specified. AS PASSED BY THE ASSEMBLY, this bill provided that if a person is arrested and taken into custody for a misdemeanor or infraction, that person may be subjected to a body scanner search in order to discover and retrieve concealed weapons and contraband substances before being placed in a booking cell. FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS: According to the author, "Body scanners are non-invasive devices that efficiently search individuals for unauthorized substances or weapons, often times reducing the need for additional and otherwise intrusive search procedures such as patdowns and full clothing searches. The same principle of security is used in airports across the country to screen for unauthorized devices or paraphernalia. AB 1705 would authorize AB 1705 Page 4 law enforcement to utilize this time-saving and effective technology to screen individuals who have been taken into custody." Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0003649