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