Bill Text: CA SB525 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Correctional facilities: wireless communication devices.

Spectrum: Bipartisan Bill

Status: (Vetoed) 2010-09-29 - In Senate. To unfinished business. (Veto) [SB525 Detail]

Download: California-2009-SB525-Amended.html

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BILL NUMBER: SB 525	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  FEBRUARY 10, 2010
	AMENDED IN SENATE  DECEMBER 16, 2009

INTRODUCED BY   Senator Padilla
    (   Principal coauthor:   Assembly Member
  Torrico   ) 
    (   Coauthor:   Senator   Harman
  ) 

                        FEBRUARY 27, 2009

   An act to add Section 4576 to the Penal Code, relating to
correctional facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 525, as amended, Padilla. Correctional facilities: wireless
communication devices.
   Existing law establishes various offenses relating to the
unauthorized provision of specified items to persons confined in
local and state correctional facilities.
   This bill would provide, subject to exceptions, that any person
who possesses with the intent to deliver, or delivers, to an inmate
or ward in the custody of the Department of Corrections and
Rehabilitation any cellular telephone or other wireless communication
device or any component thereof, including, but not limited to, a
subscriber identity module (SIM card) or memory storage device, is
guilty of a misdemeanor, punishable by a fine not exceeding $5,000
 ,  for each device. The bill would also provide that if a
person visiting an inmate or ward in the custody of the department is
found to be in possession of a cellular telephone or other wireless
communication device or any component thereof, including, but not
limited to, a SIM card or memory storage device, when searched or
subjected to a metal detector, as specified, that cellular telephone
or wireless communication device or component shall be subject to
confiscation. The bill would require posted notices regarding those
search and confiscation provisions, as specified.
   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 4576 is added to the Penal Code, to read:
   4576.  (a) Except as otherwise authorized by law, or when
authorized by  either  the person in charge of the prison or
other institution under the jurisdiction of the Department of
Corrections and Rehabilitation or  by  an officer of
the institution empowered to give that authorization, and except as
provided in subdivision (b), any person who possesses with the intent
to deliver, or delivers, to an inmate or ward in the custody of the
department any cellular telephone or other wireless communication
device or any component thereof, including, but not limited to, a
subscriber identity module (SIM card) or memory storage device, is
guilty of a misdemeanor, punishable by a fine not to exceed five
thousand dollars ($5,000), for each device.
   (b) If a person visiting an inmate or ward in the custody of the
department, upon being searched or subjected to a metal detector, is
found to be in possession of a cellular telephone or other wireless
communication device or any component thereof, including, but not
limited to, a SIM card or memory storage device, that device or
component shall be subject to confiscation. Notice of this provision
shall be posted in all areas where visitors are searched prior to
visitation with an inmate or ward in the custody of the department.
  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.