BILL ANALYSIS �
AB 2015
Page 1
Date of Hearing: April 17, 2012
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2015 (Mitchell) - As Amended: April 11, 2012
SUMMARY : Requires an arresting or booking officer to inquire
if an arrested person is a custodial parent with responsibility
for a minor child, and requires that a sign be posted in a
conspicuous place informing an arrested custodial parent of his
or her right to two additional phone calls for the purpose of
arranging for the care of the child or children in the parent's
absence. Specifically, this bill :
1)Provides that immediately upon being arrested, and except
where physically impossible, no later than three hours after
arrest, the arresting or booking officer to inquire if an
arrested person is a custodial parent with responsibility for
a minor child, and to notify the arrested person of his or her
right to two additional telephone calls for the purpose of
arranging for the care of a child or children in the parent's
absence.
2)States that the required notification be conducted in the
arrestee's primary language and can be conducted either by the
arresting officer or other representative of the arresting
agency or through an oral interpretation telephone service
that the arresting agency believes is competent to provide
these services.
3)Requires that at any police facility or place where an
arrestee is detained, a sign be posted in a conspicuous place
with bold black letters informing an arrestee who is a
custodial parent with responsibility for a minor child of his
or her right to two additional telephone calls at no expense
if the telephone calls are within the local calling area, or
at his or her own expense if outside the local calling area,
for the purpose of arranging for the care of the child or
children in the parent's absence.
4)Requires that the posted signs make the specified notification
AB 2015
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in any non-English language spoken by 5% or more of the public
served by police facility or place of detainment.
5)State that the rights and duties relating additional phone
calls for custodial parents with responsibility for minor
children shall be enforced regardless of the arrestee's
immigration status.
6)Provides that upon being released or transferred for any
reason, or being held for immigration reasons, an arrestee or
detainee shall be informed of the right to, and may request
to, make at least two telephone calls to notify a child
caregiver or family member of the release, transfer, or hold
and the location to which he or she will be transferred.
EXISTING LAW :
1)Provides that immediately upon being booked and, except where
physically impossible, no later than three hours after arrest,
an arrested person has a right to make at least three
completed phone calls, as specified. �Penal Code Section
851.5(a).]
2)States that at any police facility or place where an arrestee
is detained, a sign posted in a conspicuous place, in bold
black type, shall inform an arrestee of his or her right to
make free phone calls, as specified, to three of the
following:
a) An attorney of his or her choice, or if he or she has no
funds, the public defender or other attorney assigned to
assist indigents;
b) A bail bondsman; and
c) A relative or other person. �Penal Code Section
851.5(b).
3)Provides that if, upon questioning during the booking process,
an arrested person is identified as a custodial parent with
responsibility for a minor child, the arrested person shall be
entitled to two additional phone calls at now expense if the
calls are completed to telephone numbers within the local
calling area to a relative or other person for the purpose of
arranging for the care of the minor child or children in the
AB 2015
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parents absence. �Penal Code Section 851.5(c).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "This bill will
clarify that law enforcement officers are responsible to ask
whether an arrestee is a custodial parent at the time of
arrest or booing, and to inform the individual of the right to
make two additional phone calls to arrange for care of his or
her minor children. The bill further ensures that these
rights are communicated in written and oral form in the
arrestee's own language."
2)Prior Legislation : AB 760, Chapter 635, Statutes of 2005,
required that if, during the booking process, an arrested
person is identified as a custodial parent with responsibility
for a minor child, the arrested person shall be given two
additional phone calls for the purpose of arranging for the
care of the minor child or children, as specified.
REGISTERED SUPPORT / OPPOSITION :
Support
California Latinas for Reproductive Justice (Co-Sponsor)
Forward Together (Co-Sponsor)
American Civil Liberties Union
Applied Research Center
Asian Americans for Civil Rights and Equality
Asian pacific Environmental Network
Books Not Bars
Buiilding Community Through Arts and Education
California Communities United Institute
California Healthy Nail Salon Collective
California Immigrant Policy Center
California Rural Legal Assistance Foundation
Californians United for a Responsible Budget
Center for Restorative Justice Works
Center for Young Women's Development
Coalition for Humane Immigrant Rights Los Angeles
Community Health Partnership
Dream Team Los Angeles
First Focus Campaign for Children
AB 2015
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Friends Committee on Legislation of California
Fresno Barrios Unidos
Justice Now
Labor Community Strategy Center
Law Students for Reproductive Justice
Legal Services for Prisoners with Children
Los Angeles Dependency Lawyers, Inc.
Mexican American Legal Defense and Educational Fund
National Asian Pacific American Women's Forum
National Association of Social Workers, California Chapter
National Latina Institute for Reproductive health
The Sentencing Project
Tiburcio Vasquez Health Center, Inc.
Women's Community Clinic
Youth Law Center
Six private individuals
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744