Bill Text: CA SB434 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Correctional facilities: wireless communication devices.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2010-01-25 - From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR. [SB434 Detail]

Download: California-2009-SB434-Introduced.html

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BILL NUMBER: SB 434	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators Benoit and Huff
   (Principal coauthor: Senator Padilla)

                        FEBRUARY 26, 2009

   An act to add Section 4576 to the Penal Code, relating to
correctional facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 434, as introduced, Benoit. Correctional facilities: wireless
communication devices.
   Existing law establishes various offenses relating to the
unauthorized provision of specified items to persons confined in
local and state correctional facilities.
   This bill would provide, subject to exceptions, that any person
who is in possession of, or who willingly and knowingly delivers, or
attempts to deliver, to any person who is confined in, or within the
grounds belonging to or adjacent to, any state prison, prison road
camp, prison forest camp, any other prison camp or prison farm, or
any other place where prisoners are located and under the custody of
the Department of Corrections and Rehabilitation, any cellular
telephone or other wireless communication device, is guilty of a
felony.
   By creating a new crime, 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 no reimbursement is required by this
act for a specified reason.
   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 4576 is added to the Penal Code, to read:
   4576.  Except as otherwise authorized by law, or when authorized
by the person in charge of the prison or other institution subject to
this section, or by an officer of the institution empowered to give
that authorization, any person who is in possession of, or who
willingly and knowingly delivers, or attempts to deliver, to any
person who is confined in, or within the grounds belonging to or
adjacent to, any state prison, prison road camp, prison forest camp,
any other prison camp or prison farm, or any other place where
prisoners are located and under the custody of the Department of
Corrections and Rehabilitation, any cellular telephone or other
wireless communication device, is guilty of a felony.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because 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.