BILL ANALYSIS Ó AB 303 Page 1 Date of Hearing: April 29, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 303 (Gonzalez) - As Amended April 16, 2015 ----------------------------------------------------------------- |Policy | Public Safety |Vote:| 7 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: Yes SUMMARY: This bill requires that all persons within sight of specified pre-arraignment detainees and incarcerated juveniles during a strip search, as defined, or a visual or physical body cavity AB 303 Page 2 search, as defined, be of the same sex as the person being searched, except for licensed medical personnel. FISCAL EFFECT: Minor, potentially reimbursable mandated costs, if additional same sex personnel are required beyond existing staff resources at the time the qualifying strip is conducted. COMMENTS: 1)Purpose. According to the author, "AB 303 will strengthen current law regarding strip searches - which already prohibits officers of the opposite sex to be present-and give further clarification to prevent the unnecessary visual contact between individuals during these procedures. This is a small but necessary step to protect the state and federal constitutional rights of inmates, especially those in juvenile detention centers." 2)Modification of Current Law. This bill maintains the existing practice of permitting strip searches of inmates prior to them entering the general population. However, the bill mandates that these searches be conducted out of view of all persons not of the same gender as the person being searched. This bill seeks a clarification which is wholly consistent with existing law. This bill specifies that all persons within view of the search must also be of the same gender. There have been reports of officers being in view of searches, who were not in the immediate vicinity. 3)Argument in Support: According to the California Public Defenders Association, "Current law requires that any strip search, physical body cavity search, or visual body cavity search of an arrestee be conducted by a person of the same sex AB 303 Page 3 as the arrestee, and only in the presence of others of the same sex as the arrestee. AB 303 would amend Penal Code section 4030 to also require that when such searches are conducted, any person "within sight of the inmate" be of the same sex as the person being searched. The new requirement will maintain current exceptions for physicians or licensed medical personnel. Penal Code section 4030 applies only to prearrangement detainees, including minors, arrested for infraction or misdemeanor cases. "CPDA supports the goal of AB 303, which is to ensure that such searches are conducted in a manner that helps to minimize, at least in some measure, the indignity suffered by those arrested for low-level offenses." 4)Prior Legislation: a) SB 1536 (Leno), 2011-2012 Legislative Session, would have clarified that a person charged with a misdemeanor or infraction shall be brought before a magistrate before being confined in the general population of the jail. SB 1536 failed passage in the Senate Appropriations. b) AB 1367 (Waters), Chapter 35, Statutes of 1984, created the current statute authorizing strip searches for inmates prior to release into the general population. Analysis Prepared by:Pedro R. Reyes / APPR. / (916) 319-2081 AB 303 Page 4