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CA SB1536

Bill

Status

Introduced

2/24/2012

Primary Sponsor

Mark Leno

Click for details

Origin

Senate

2011-2012 Session

AI Summary

  • 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.

  • 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).

  • 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.

  • 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.

  • 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

Committee Referrals

Appropriations4/25/2012
Public Safety4/12/2012
Rules2/24/2012

Full Bill Text

No bill text available