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SB-434 Correctional facilities: wireless communication devices.(2009-2010)

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SB434:v94#DOCUMENT

Amended  IN  Assembly  January 25, 2010
Amended  IN  Assembly  June 23, 2009
Amended  IN  Assembly  June 08, 2009
Amended  IN  Senate  April 22, 2009
Amended  IN  Senate  April 02, 2009

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Senate Bill
No. 434

Introduced  by Benoit Senator Harman, Huff
 (Principal Coauthor(s): Senator Padilla)
 (Coauthor(s): Senator Florez, Leno)
 (Coauthor(s): Assembly Member Gilmore)

February 26, 2009

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


LEGISLATIVE COUNSEL'S DIGEST


SB 434, as amended, Benoit Harman. 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 inmate or ward who possesses 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, or 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. The bill would also provide that if a person visiting an inmate or ward 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 subscriber identity module (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   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 the person in charge of the prison or other institution subject to this section or by an officer of the institution empowered to give that authorization, and except as provided in subdivision (b), any inmate or ward who possesses 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, or 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 to exceed five thousand dollars ($5,000).
(b) If a person visiting an inmate or ward in the custody of the Department of Corrections and Rehabilitation, 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 subscriber identity module (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 of Corrections and Rehabilitation.

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.