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CA SB1536
Bill
AI Summary
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Establishes statewide policy strictly limiting strip and body cavity searches of people arrested for misdemeanor or infraction offenses and minors detained prior to detention hearings.
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Prohibits confining arrested persons in general jail population for misdemeanor or infraction offenses (not involving weapons, controlled substances, or violence) unless a judge or magistrate determines they do not qualify for own recognizance release and cannot post bail within a reasonable time (minimum 3 hours).
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Requires written authorization from supervising officers for any strip or visual body cavity searches based on reasonable suspicion, and mandates physical body cavity searches only be conducted by licensed medical personnel under search warrant authority.
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Makes strip, visual, or physical body cavity searches in violation of these provisions a misdemeanor offense, and allows persons harmed by violations to recover actual damages of at least $1,000, plus potential punitive damages and attorney fees.
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Specifies that no state reimbursement is required because the bill only changes the definition of existing crimes, which is exempt under state mandate reimbursement law.
Legislative Description
Strip or body cavity search of detained persons.
Last Action
Held in committee and under submission.
5/24/2012