AB964:v98#DOCUMENTBill Start
Revised
April 02, 2019
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Amended
IN
Assembly
March 14, 2019
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CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 964
Introduced by Assembly Member Medina
(Coauthor: Senator Mitchell)
|
February 21, 2019 |
An act to amend Section 30005 4032 of the Penal Code, relating to firearms. county jails.
LEGISLATIVE COUNSEL'S DIGEST
AB 964, as amended, Medina.
Firearms: prohibited persons. County jails: visitation.
Existing law prohibits a local detention facility, as defined, that offered in person visitation as of January 1, 2017, from converting to video visitation only.
Existing law prohibits a local detention facility from charging for onsite visitation, whether such visitation is in person or via video.
This bill would require all local detention facilities to offer in-person visitation. The bill would give any facility that does not offer in-person visitation until January 1, 2025, to comply with this
requirement.
By requiring local detention facilities to provide in-person visitation, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires the Attorney General to establish and maintain an online database, the Prohibited Armed Persons File, to cross-reference persons who have ownership or possession of a firearm on or after January 1, 1996, and who, subsequent to the date of that ownership or possession, fall within a class of persons who are prohibited from owning or possessing a firearm.
This bill would make a technical, nonsubstantive change to those provisions.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
NOYES
Local Program:
NOYES
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 4032 of the Penal Code is amended to read:4032.
(a) For purposes of this section, the following definitions shall apply:(1) “In-person visit” means an on-site visit that may include barriers. In-person visits include interactions in which an inmate has physical contact with a visitor, the inmate is able to see a visitor through a barrier, or the inmate is otherwise in a room with a visitor without physical contact. “In-person visit” does not include an interaction between an inmate and a visitor through the use of an on-site, two-way, audio-video terminal.
(2) “Video visitation” means interaction between an inmate and a member of the public through the means of an
audio-visual communication device when the member of the public is located at a local detention facility or at a remote location.
(3) “Local detention facility” has the same meaning as defined in Section 6031.4.
(b) A (1) Every local detention facility that offered in-person visitation as of January 1, 2017, may not convert to video visitation only. shall offer in-person visitation.
(2) Notwithstanding paragraph (1), any local detention facility that does not offer in-person visitation as of January 1, 2020, shall comply with paragraph (1) by no later than January 1, 2025.
(c) (1) A local detention facility shall not charge for visitation when visitors are onsite and participating in either in-person or video visitation. For purposes of this subdivision, “onsite” is defined as at the location where the inmate is housed.
(d)
(2) If a local detention facility offered offers remote video visitation only as of January
1, 2017, on-site video visitation shall be offered free of charge, and visitation, the first hour of remote video visitation per week shall be offered free of charge if the facility offers remote video visitation. charge.
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 30005 of the Penal Code is amended to read:30005.The Prohibited Armed Persons File database shall function as follows:
(a)Upon entry into the Automated Criminal History System of a disposition for a conviction of any felony, a conviction for any firearms-prohibiting offense specified in Chapter 2 (commencing with Section 29800), a conviction for an offense described in Chapter 3 (commencing with Section 29900), a firearms prohibition pursuant to Section 8100 or 8103 of the Welfare and Institutions Code, or any firearms possession prohibition identified by the federal National Instant Criminal Background Check System, the Department of Justice shall determine if the subject has an entry in the Consolidated
Firearms Information System indicating possession or ownership of a firearm on or after January 1, 1996, or an assault weapon registration, or a .50 BMG rifle registration.
(b)Upon an entry into any department automated information system that is used for the identification of persons who are prohibited by state or federal law from acquiring, owning, or possessing firearms, the department shall determine if the subject has an entry in the Consolidated Firearms Information System indicating ownership or possession of a firearm on or after January 1, 1996, or an assault weapon registration, or a .50 BMG rifle registration.
(c)If the department determines that, pursuant to subdivision (a) or (b), the subject has an entry in the Consolidated Firearms Information System indicating possession or ownership of a firearm on or after January 1, 1996, or an assault weapon registration, or a .50 BMG rifle registration, the following information shall be entered
into the Prohibited Armed Persons File:
(1)The subject’s name.
(2)The subject’s date of birth.
(3)The subject’s physical description.
(4)Any other identifying information regarding the subject that is deemed necessary by the Attorney General.
(5)The basis of the firearms possession prohibition.
(6)A description of all firearms owned or possessed by the subject, as reflected by the Consolidated Firearms Information System.
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REVISIONS:
Heading—Line 2.
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