BILL NUMBER: AB 2002	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Frazier

                        FEBRUARY 20, 2014

   An act to amend Section 4575 of the Penal Code, and to add Section
871.7 to the Welfare and Institutions Code, relating to wireless
communication devices.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2002, as introduced, Frazier. Wireless communication devices:
local correctional facilities: juvenile halls.
   Under existing law, a person in a local correctional facility who
possesses a wireless communication device, including, but not limited
to, a cellular telephone, pager, or wireless Internet device, who is
not authorized to possess that item is guilty of a misdemeanor,
punishable by a fine of not more than $1,000.
   Existing law requires the board of supervisors of every county to
provide and maintain a juvenile hall and authorizes the board to
establish juvenile ranches, camps, or forestry to which persons made
wards of the juvenile court may be committed. Existing law requires,
except as specified, 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 specified controlled substance, firearm, weapon, explosive of any
kind, or tear gas or tear gas weapon to be punished by imprisonment
in a county jail for not more than one year or by imprisonment
pursuant to specified provisions.
   This bill would make, with exceptions, a person who possesses with
the intent to deliver, or delivers, to an inmate or ward in a local
correctional facility or a ward confined in a juvenile hall, ranch,
camp, or forestry camp, any cellular telephone or other wireless
communication device or any component thereof, including, but not
limited to, a subscriber identity module or memory storage device,
guilty of a misdemeanor. By revising the definition of a crime and
creating a new crime, the bill would impose a state-mandated local
program.
   This bill would provide that if a person who is visiting an inmate
or ward in a local correctional facility or a ward confined in a
juvenile hall, ranch, camp, or forestry camp is found to be in
possession of a cellular telephone, wireless communication device, or
any component thereof, upon being searched or subjected to a metal
detector, that device is subject to confiscation and would be
returned the same day, except as specified. The bill would require
that a notice to that effect be posted in each area where visitors
are searched prior to visiting with an inmate or ward. By imposing
new duties on local agencies, this bill would impose a state-mandated
local program.
   The bill would prohibit, except as specified, a city or county
from accessing data or communications that have been captured using
available technology from unauthorized use of a wireless
communication device, capturing data or communications from an
authorized wireless communication device, and accessing data or
communications that have bene captured using available technology
from an authorized wireless communication device.
   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.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4575 of the Penal Code is amended to read:

   4575.  (a) Any person in a local correctional facility who
possesses a wireless communication device, including, but not limited
to, a cellular telephone, pager, or 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).

    4575.    (a) (1) Except as otherwise authorized by
law, or when authorized by either the person in charge of the local
correctional facility or an officer of the institution empowered to
give that authorization, a person who possesses with the intent to
deliver, or delivers, to an inmate or ward in a local correctional
facility 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 imprisonment in a county jail
not exceeding six months, a fine not to exceed five thousand dollars
($5,000) for each device, or both that fine and imprisonment. 

   (2) (A) If a person visiting an inmate or ward in local
correctional facility, 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 SIM card or memory storage device,
that device or component shall be subject to confiscation but shall
be returned on the same day the person visits the inmate or ward,
unless the cellular telephone or other wireless communication device
or any component thereof is held as evidence in a case where the
person is charged with a violation of paragraph (1).  
   (B) If, upon investigation, it is determined that no prosecution
will take place, the cellular telephone or other wireless
communication device or any component thereof shall be returned to
the owner at the owner's expense.  
   (C) Notice of this prohibition shall be posted in all areas where
visitors are searched prior to visitation with an inmate or ward in a
local correctional facility.  
   (3) An inmate who is found to be in possession of a wireless
communication device shall be subject to time credit denial or loss
of up to 90 days.  
   (4) A person who brings, without authorization, a wireless
communication device within the secure perimeter of a local
correctional facility is deemed to have given his or her consent to
the city or county using available technology to prevent that
wireless device from sending or receiving telephone calls or other
forms of electronic communication. Notice of this provision shall be
posted at all public entry gates of the local correctional facility.
 
   (5) A city or county shall not access data or communications that
have been captured using available technology from unauthorized use
of a wireless communication device except after obtaining a valid
search warrant.  
   (6) A city or county shall not capture data or communications from
an authorized wireless communication device, except as already
authorized under existing law.  
   (7) A city or county shall not access data or communications that
have been captured using available technology from an authorized
wireless communication device, except as already authorized under
existing law.  
   (8) If the available technology to prevent wireless communications
from sending and receiving telephone calls or other forms of
electronic communication extends beyond the secure perimeter of the
local correctional facility, a city or county shall take all
reasonable actions to correct the problem.  
   (9) A contractor or employee of a contractor or the city or county
who knowingly and willfully, without authorization, obtains,
discloses, or uses confidential information in violation of paragraph
(5), (6), or (7) is subject to an administrative fine or civil
penalty not to exceed five thousand dollars ($5,000) for a first
violation, or ten thousand dollars ($10,000) for a second violation,
or twenty-five thousand dollars ($25,000) for a third or subsequent
violation.  
   (10) This section does not prohibit a city or county from
obtaining electronic communications that the city or county could
have lawfully obtained prior to January 1, 2015. 
   (b)  Any   A  person housed in a local
correctional facility who possesses any tobacco products in 
any   a  form, including snuff products, smoking
paraphernalia, any device that is intended to be used for ingesting
or consuming tobacco, or any   a  container
or dispenser used for any of those products, is guilty of an
infraction, punishable by a fine not exceeding two hundred fifty
dollars ($250).
   (c) Money collected pursuant to this section shall be placed into
the inmate welfare fund, as specified in Section 4025.
   (d)  Any   A  person housed in a local
correctional facility who possesses a handcuff key who is not
authorized to possess that item is guilty of a misdemeanor,
punishable by imprisonment in a county jail not exceeding six months,
or by a fine of up to one thousand dollars ($1,000), or by both that
imprisonment and fine. As used in this subdivision, "handcuff key"
means  any   a  device designed or intended
to open or unlatch a handcuff.
   (e) Subdivision (b) shall only apply to a person in a local
correctional facility in a county in which the board of supervisors
has adopted an ordinance or passed a resolution banning tobacco in
its correctional facilities.
  SEC. 2.  Section 871.7 is added to the Welfare and Institutions
Code, to read:
   871.7.  (a) Except as otherwise authorized by law, or when
authorized by either the person in charge of the juvenile hall,
ranch, camp, or forestry camp, or an officer of the institution
empowered to give that authorization, a person who possesses with the
intent to deliver, or delivers, to a ward confined in any of those
institutions 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 imprisonment in a county jail
not exceeding six months, a fine not to exceed five thousand dollars
($5,000) for each device, or both that fine and imprisonment.
   (b) (1) If a person visiting a ward confined in a juvenile hall,
ranch, camp, or forestry camp, 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 SIM card or memory storage device,
that device or component is subject to confiscation but shall be
returned on the same day the person visits the ward, unless the
cellular telephone or other wireless communication device or any
component thereof is held as evidence in a case where the person is
cited for a violation of subdivision (a).
   (2) If, upon investigation, it is determined that no prosecution
will take place, the cellular telephone or other wireless
communication device or any component thereof shall be returned to
the owner at the owner's expense.
   (3) Notice of this provision shall be posted in all areas where
visitors are searched prior to visitation with a ward confined in a
juvenile hall, ranch, camp, or forestry camp.
   (c) A person who brings, without authorization, a wireless
communication device within the secure perimeter of any juvenile
hall, ranch, camp, or forestry camp is deemed to have given his or
her consent to the county using available technology to prevent that
wireless device from sending or receiving telephone calls or other
forms of electronic communication. Notice of this provision shall be
posted at all public entry gates of the prison or institution.
   (d) A county shall not access data or communications that have
been captured using available technology from unauthorized use of a
wireless communication device except after obtaining a valid search
warrant.
   (e) A county shall not capture data or communications from an
authorized wireless communication device, except as already
authorized under existing law.
   (f) A county shall not access data or communications that have
been captured using available technology from an authorized wireless
communication device, except as authorized under existing law.
   (g) If the available technology to prevent wireless communications
from sending and receiving telephone calls or other forms of
electronic communication extends beyond the secure perimeter of the
juvenile hall, ranch, camp, or forestry camp, a county shall take all
reasonable actions to correct the problem.
   (h) A contractor or employee of a contractor or a county who
knowingly and willfully, without authorization, obtains, discloses,
or uses confidential information in violation of subdivision (d),
(e), or (f) shall be subject to an administrative fine or civil
penalty not to exceed five thousand dollars ($5,000) for a first
violation, or ten thousand dollars ($10,000) for a second violation,
or twenty-five thousand dollars ($25,000) for a third or subsequent
violation.
   (i) This section does not prohibit a county from obtaining
electronic communications that the county could have lawfully
obtained prior to January 1, 2015.
  SEC. 3.  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.