BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1705


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1705 (Rodriguez)


          As Amended  June 8, 2016


          Majority vote


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          |ASSEMBLY:  |60-4  |(March 31,     |SENATE: |38-0  |(August 1, 2016) |
          |           |      |2016)          |        |      |                 |
          |           |      |               |        |      |                 |
          |           |      |               |        |      |                 |
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          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:  








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          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,  








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            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  








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          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