BILL ANALYSIS �
AB 2015
Page 1
ASSEMBLY THIRD READING
AB 2015 (Mitchell)
As Amended May 25, 2012
Majority vote
PUBLIC SAFETY 6-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Knight, Cedillo, |Ayes:|Fuentes, Harkey, |
| |Hagman, Mitchell, Skinner | |Blumenfield, Bradford, |
| | | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Ammiano, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
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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 as soon as practicable upon being arrested but,
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)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.
AB 2015
Page 2
3)Requires that the posted signs make the specified notification
in any non-English language spoken by 5% or more of the public
served by police facility or place of detainment.
4)States that the rights and duties relating to additional phone
calls for custodial parents with responsibility for minor
children shall be enforced regardless of the arrestee's
immigration status.
5)Provides that upon being transferred for any reason, being
held for immigration reasons, or being released to the custody
of federal immigration authorities, 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, or the
location of release if known.
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.
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.
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
AB 2015
Page 3
calling area to a relative or other person for the purpose of
arranging for the care of the minor child or children in the
parents absence.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown reimbursable costs that could run into the
low hundreds of thousands of dollars for active rather than
passive identification of custodial parents.
COMMENTS : 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 booking,
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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0003846