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SB-694 Juvenile halls: wireless communication devices.(2019-2020)

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Date Published: 02/22/2019 09:00 PM
SB694:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 694

Introduced by Senator Stone

February 22, 2019

An act to amend Section 871.5 of the Welfare and Institutions Code, relating to juvenile halls.


LEGISLATIVE COUNSEL'S DIGEST


SB 694, as introduced, Stone. Juvenile halls: wireless communication devices.
Existing law makes it a crime for a person in a local correctional facility to possess a wireless communication device who is not authorized to possess that item.
Existing law makes it a crime, with exceptions, for a person to knowingly bring or send into, or to knowingly assist in bringing into, or sending into, any county juvenile hall, ranch, camp, or forestry camp, or for a person who is confined in any of those institutions to possess, a prohibited controlled substance, a firearm, weapon, or explosive of any kind, a tear gas or tear gas weapon, or an alcoholic beverage, as specified. Existing law requires the posting of a sign at the entrance of those institutions specifying the prohibited conduct and the penalties.
This bill would make it a misdemeanor, punishable by a fine of not more than $1,000, for a person to knowingly bring or send into, or to knowingly assist in bringing into, or sending into, any county juvenile hall, ranch, camp, or forestry camp a wireless communication device, as specified, who is not authorized to possess that item. By creating a new crime, and by increasing the duties of local officials relating to the posting of a sign specifying the new crime, the 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 871.5 of the Welfare and Institutions Code is amended to read:

871.5.
 (a) Except as authorized by law, or when authorized by the person in charge of any county juvenile hall, ranch, camp, or forestry camp, or by an officer of any juvenile hall or camp empowered by the person in charge to give that authorization, any person who knowingly brings or sends into, or who knowingly assists in bringing into, or sending into, any county juvenile hall, ranch, camp, or forestry camp, or any person who while confined in any of those institutions possesses therein, any controlled substance, the possession of which is prohibited by Division 10 (commencing with Section 11000) of the Health and Safety Code, any firearm, weapon, or explosive of any kind, or any tear gas or tear gas weapon shall be punished by imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
(b) Except as otherwise authorized in the manner provided in subdivision (a), any person who knowingly uses tear gas or uses a tear gas weapon in an institution or camp specified in subdivision (a) is guilty of a felony.
(c) A sign shall be posted at the entrance of each county juvenile hall, ranch, camp, or forestry camp specifying the conduct prohibited by this section and the penalties therefor.
(d) Except as otherwise authorized in the manner provided in subdivision (a), any person who knowingly brings or sends into, or who knowingly assists in bringing into, or sending into, any county juvenile hall, ranch, camp, or forestry camp, or any person who while confined in such an that institution knowingly possesses therein, any alcoholic beverage shall be guilty of a misdemeanor.
(e) Any person who knowingly brings or sends into, or who knowingly assists in bringing into, or sending into, any county juvenile hall, ranch, camp, or forestry camp a wireless communication device, including, but not limited to, a cellular telephone or watch, pager, or other wireless internet device, who is not authorized to possess that item is guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000).

(e)

(f) This section shall not be construed to preclude or in any way limit the applicability of any other law proscribing a course of conduct also proscribed by this section.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this act contains other 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.