BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 303


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          Date of Hearing:   April 29, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          303 (Gonzalez) - As Amended April 16, 2015


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          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  








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          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  








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            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


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