Bill Text: CA AB2803 | 2015-2016 | Regular Session | Introduced

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Bill Title: Inmates: unlawful communications.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-05-27 - From committee: Without further action pursuant to Joint Rule 62(a). [AB2803 Detail]

Download: California-2015-AB2803-Introduced.html

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BILL NUMBER: AB 2803	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Salas

                        FEBRUARY 19, 2016

   An act to add Section 4573.10 to the Penal Code, relating to
inmates.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2803, as introduced, Salas. Inmates: unlawful communications.
   Existing law prohibits unauthorized communications with inmates in
state prison facilities and local jails, as specified. Existing law
prohibits the giving or taking of any letter, writing, literature, or
reading matter to or from an inmate, without proper authorization. A
violation of these provisions is a misdemeanor.
   This bill would make it a felony to knowingly possess,
manufacture, or distribute in any state prison facility or local
jail, as specified, prescribed communications that contain an overt
or disguised request or instructions to cause harm, great bodily
injury, or death to another person.
   By creating a new crime, this bill would impose a state-mandated
local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4573.10 is added to the Penal Code, to read:
   4573.10.  Any person who knowingly possesses, manufactures, or
distributes in any state prison, prison road camp, prison forestry
camp, or other prison camp or prison farm or any place where
prisoners of the state are located under the custody of prison
officials, officers, or employees, or in a county, city and county,
or city jail, road camp, farm, or any place or institution, where
prisoners or inmates are being held under the custody of any sheriff,
chief of police, peace officer, probation officer, or employees, or
within the grounds belonging to any jail, road camp, farm, place or
institution, any writing, item, material, or electronic communication
with knowledge that the writing, item, material, or electronic
communication contains an overt or disguised request or instructions
to cause harm, great bodily injury, or death to another person,
without being authorized to so possess the same by the rules of the
Department of Corrections and Rehabilitation, rules of the prison or
jail, institution, camp, farm or place, or by the specific
authorization of the warden, superintendent, jailer, or other person
in charge of the prison, jail, institution, camp, farm or place, is
guilty of a felony (a) punishable by imprisonment in a county jail
for two, three, or four years pursuant to subdivision (h) of Section
1170, or, (b) if the defendant committed a violation of this section
while a prisoner in a state facility, punishable by imprisonment in
state prison for two, three, or four years.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.