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  MARCH 8, 2010
	AMENDED IN ASSEMBLY  FEBRUARY 10, 2010
	AMENDED IN SENATE  DECEMBER 16, 2009

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

                        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
  a  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 an officer of the institution empowered to give
that authorization, and except as provided in subdivision (b),
 any   a  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.