California 2011-2012 Regular Session Status: Enacted 1 D cosponsors

SB 26 — Prisons: wireless communication devices.

Last action — Chaptered by Secretary of State. Chapter 500, Statutes of 2011.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 06, 2010. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 8 sponsors

    1 primary, 7 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law prohibits unauthorized communication with inmates in state prison. A person who violates that provision is guilty of a misdemeanor. Existing law further prohibits a person in a local correctional facility from possessing a wireless communication device, except as specified. This bill would provide, with exceptions, that a person who possesses with the intent to deliver, or delivers, to an inmate or ward in the custody of the department 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, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding 6 months, a fine not to exceed $5,000 for each device, or both that fine and imprisonment. By 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 under the jurisdiction of the Department of Corrections and Rehabilitation 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. The bill would provide that a person who brings, without authorization, a wireless communication device within the secure perimeter of a prison or institution housing offenders under the jurisdiction of the department is deemed to have consented to the department using available technology to prevent the device from sending or receiving calls or other electronic communication, and would require notice of this provision to be posted at all public entry gates. Existing law provides for the accumulation, denial, or loss of time credits for inmates of the department based on each inmate's behavior while under the jurisdiction of the department. The bill would provide that an inmate who is found to be in possession of a wireless communication device would be subject to the denial of time credits, as specified. The bill would prohibit the department from accessing 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, and would provide that any contractor or employee of a contractor or the department who knowingly and willfully, without authorization, obtains, discloses, or uses, confidential data or communications from an unauthorized wireless communication device is subject to an administrative fine or civil penalty not to exceed $5,000 for a first violation, $10,000 for a 2nd violation, and $25,000 for a 3rd or subsequent violation. The bill would further prohibit the department from capturing data or communications from an authorized wireless communication device, or accessing data or communications that have been captured from an authorized wireless communication device, except as authorized under existing law. The bill would provide that any contractor or employee of a contractor or the department who knowingly and willfully, without authorization, obtains, discloses, or uses, confidential data or communications from an authorized wireless communication device is subject to an administrative fine or civil penalty not to exceed $5,000 for a first violation, $10,000 for a 2nd violation, and $25,000 for a 3rd or subsequent violation. The bill would also provide that until January 1, 2018, the state shall require as part of the contract for the Inmate Ward Telephone System that the total cost for intrastate and interstate calls be equal to or less than the total costs of a call established in the contract in effect on September 1, 2011, and that other than the conversation minute charges and prepaid account setup fees, there shall be no additional charges of any type, including administrative fees, call-setup fees, detail billing fees, hard copy billing fees, or any other fees. 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. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 500, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11:30 a.m.

  4. Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2405.) Ordered to engrossing and enrolling.

  5. Urgency clause adopted.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Urgency clause adopted. Passed. (Ayes 76. Noes 0. Page 3015.) Ordered to the Senate.

  8. Read second time. Ordered to third reading.

  9. Read second time and amended. Ordered to second reading.

  10. From committee: Do pass as amended. (Ayes 17. Noes 0.) (August 25).

  11. Set, first hearing. Referred to APPR. suspense file.

  12. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  13. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 5).

  15. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  16. Referred to Com. on PUB. S.

  17. In Assembly. Read first time. Held at Desk.

  18. Read third time. Passed. (Ayes 39. Noes 0. Page 1278.) Ordered to the Assembly.

  19. Ordered to third reading.

  20. From special consent calendar.

  21. Ordered to special consent calendar.

  22. Read second time. Ordered to third reading.

  23. From committee: Do pass. (Ayes 8. Noes 0. Page 1111.) (May 26).

  24. Set for hearing May 26.

  25. Placed on APPR. suspense file.

  26. Set for hearing April 11.

  27. Read second time and amended. Re-referred to Com. on APPR.

  28. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 417.) (March 22).

  29. Set for hearing March 22.

  30. Re-referred to Com. on PUB. S.

  31. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  32. Referred to Com. on RLS.

  33. From printer. May be acted upon on or after January 6.

  34. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Stephen C. Padilla · Primary
  • Anderson · Cosponsor
  • Calderon · Cosponsor
  • Fuller · Cosponsor
  • Harman · Cosponsor
  • Solorio · Cosponsor
  • Walters · Cosponsor
  • Bonnie Lowenthal · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 7 co-sponsors · 114 not signed on

Sponsors (1)

Co-sponsors (7)

Not signed on (114)

114 members have not signed on to this bill.

Show all 114 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB26 Padilla Urgency Clause Concurrence

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Republican 1000
Democratic 2000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Wyland — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Fuller — Yea
Negrete McLeod — Yea
Hancock — Yea
Hernandez — Yea
Huff — Yea
Kehoe — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Evans — Yea
Yee — Yea
Cannella — Yea
Leno — Yea
Rubio — Yea
Alquist — Yea
Dutton — Yea
Anderson — Yea
Blakeslee — Yea
Harman — Yea
Lieu — Yea
Price — Yea
Vargas — Yea
Wright — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 26 Padilla Third Reading Urgency By PEREA

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 73004
Republican 2000
Democratic 1000
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Halderman — Yea
Butler — Yea
Feuer — Yea
Carter — Yea
Cook — Yea
Fong — Yea
Campos — Yea
Allen — Yea
Furutani — Not Voting
Galgiani — Yea
Gatto — Yea
Gordon — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Hagman — Yea
Hall — Not Voting
Cedillo — Yea
Harkey — Yea
Chesbro — Yea
Bonilla — Yea
Atkins — Yea
Hayashi — Yea
Huber — Yea
Conway — Yea
Ammiano — Not Voting
Beall — Yea
Davis — Yea
Dickinson — Yea
Donnelly — Yea
Hueso — Yea
Jeffries — Yea
Knight — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Morrell — Yea
Nestande — Yea
Norby — Yea
Pan — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Valadao — Yea
Wagner — Yea
Williams — Yea
Achadjian — Yea
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huffman — Yea
Lara — Yea
Ma — Yea
Mansoor — Yea
Monning — Yea
Nielsen — Yea
Olsen — Yea
Perea — Yea
Smyth — Yea
Torres — Yea
Wieckowski — Yea
Eng — Yea
Yamada — Yea
Fuentes — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Hall — Yea
Fuentes — Yea
Gatto — Yea
Mitchell — Yea
Hill — Yea
Campos — Yea
Donnelly — Yea
Lara — Yea
Nielsen — Yea
Norby — Yea
Solorio — Yea
Wagner — Yea
Blumenfield — Yea
Bradford — Yea
Harkey — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

3rd Reading

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Republican 1000
Democratic 2000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Cannella — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Evans — Yea
Fuller — Yea
Rubio — Yea
Dutton — Yea
Runner — Not Voting
Blakeslee — Yea
Hernandez — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
Lieu — Yea
Price — Yea
Simitian — Yea
Vargas — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Anderson — Yea
Harman — Yea
Liu — Yea
Pavley — Yea
Steinberg — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Lieu — Yea
Runner — Yea
Alquist — Yea
Steinberg — Yea
Kehoe — Yea
Pavley — Yea
Price — Yea
Walters — Yea
Emmerson — Not Voting

Official roll call →

Placed on Appropriations Suspense file.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Runner — Yea
Price — Yea
Steinberg — Yea
Alquist — Yea
Kehoe — Yea
Lieu — Not Voting
Pavley — Yea
Walters — Yea
Emmerson — Yea

Official roll call →

Subjects

public-safety technology
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Frequently asked questions

What does SB 26 do?
Existing law prohibits unauthorized communication with inmates in state prison. A person who violates that provision is guilty of a misdemeanor. Existing law further prohibits a person in a local correctional facility from possessing a wireless communication device, except as specified. This bill would provide, with exceptions, that a person who possesses with the intent to deliver, or delivers, to an inmate or ward in the custody of the department 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, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding 6 months, a fine not to exceed $5,000 for each device, or both that fine and imprisonment. By 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 under the jurisdiction of the Department of Corrections and Rehabilitation 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. The bill would provide that a person who brings, without authorization, a wireless communication device within the secure perimeter of a prison or institution housing offenders under the jurisdiction of the department is deemed to have consented to the department using available technology to prevent the device from sending or receiving calls or other electronic communication, and would require notice of this provision to be posted at all public entry gates. Existing law provides for the accumulation, denial, or loss of time credits for inmates of the department based on each inmate's behavior while under the jurisdiction of the department. The bill would provide that an inmate who is found to be in possession of a wireless communication device would be subject to the denial of time credits, as specified. The bill would prohibit the department from accessing 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, and would provide that any contractor or employee of a contractor or the department who knowingly and willfully, without authorization, obtains, discloses, or uses, confidential data or communications from an unauthorized wireless communication device is subject to an administrative fine or civil penalty not to exceed $5,000 for a first violation, $10,000 for a 2nd violation, and $25,000 for a 3rd or subsequent violation. The bill would further prohibit the department from capturing data or communications from an authorized wireless communication device, or accessing data or communications that have been captured from an authorized wireless communication device, except as authorized under existing law. The bill would provide that any contractor or employee of a contractor or the department who knowingly and willfully, without authorization, obtains, discloses, or uses, confidential data or communications from an authorized wireless communication device is subject to an administrative fine or civil penalty not to exceed $5,000 for a first violation, $10,000 for a 2nd violation, and $25,000 for a 3rd or subsequent violation. The bill would also provide that until January 1, 2018, the state shall require as part of the contract for the Inmate Ward Telephone System that the total cost for intrastate and interstate calls be equal to or less than the total costs of a call established in the contract in effect on September 1, 2011, and that other than the conversation minute charges and prepaid account setup fees, there shall be no additional charges of any type, including administrative fees, call-setup fees, detail billing fees, hard copy billing fees, or any other fees. 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. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors SB 26?
SB 26 is sponsored by Padilla, Stephen C. (Democratic), Anderson, Calderon, Fuller, Harman, Solorio, Walters, and Bonnie Lowenthal.
What is the current status of SB 26?
This bill has been enacted into law. Introduced December 06, 2010. Enacted.
Where can I track SB 26?
Track SB 26 free on One Click Politics — get push/email alerts when it moves.

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