California 2019-2020 Regular Session Status: Enacted 1 D cosponsors

AB 3228 — Private detention facilities.

Last action — Chaptered by Secretary of State - Chapter 190, Statutes of 2020.

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

This bill has been enacted into law. Introduced February 21, 2020. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 6 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 a city, city and county, or local law enforcement agency from entering into a contract with the federal government or any federal agency to house or detain noncitizens for purposes of civil immigration custody in a locked detention facility. Existing law requires the Attorney General to engage in reviews of county, local, and private locked detention facilities in which noncitizens are being housed or detained for purposes of civil immigration proceedings in California. Existing law requires that review to include a review of the conditions of confinement, a review of the standard of care and due process provided to the detainees, and a review of the circumstances around their apprehension and transfer to the facility. This bill would require any private detention facility operator to comply with, and adhere to, the detention standards of care and confinement agreed upon in the facility's contract for operations. The bill would define a private detention facility as a detention facility operated by a private, nongovernmental, for-profit entity pursuant to a contract or agreement with a governmental entity. If a private detention facility commits a tortious action that violates the requirement to comply with detention standards of care and confinement, the bill would allow an individual who has been injured by that tortious action to bring a civil cause of action for relief. The bill would also allow the court to award a prevailing plaintiff reasonable attorney's fees and costs. The bill would state that its provisions are severable.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 190, Statutes of 2020.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 5 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 57. Noes 13. Page 5227.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 28. Noes 9. Page 4293.).

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 7. Noes 0.) (August 13).

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  10. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  11. Referred to Com. on JUD.

  12. In Senate. Read first time. To Com. on RLS. for assignment.

  13. Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 14. Page 4795.)

  14. Read second time. Ordered to third reading.

  15. Read second time and amended. Ordered returned to second reading.

  16. From committee: Amend, and do pass as amended. (Ayes 14. Noes 4.) (June 3).

  17. In committee: Set, first hearing. Referred to APPR. suspense file.

  18. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (May 19). Re-referred to Com. on APPR.

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

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  21. Referred to Coms. on PUB. S. and JUD.

  22. Read first time.

  23. From printer. May be heard in committee March 23.

  24. Introduced. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 8 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

AB 3228 Bonta Concurrence in Senate Amendments

Passed 57 Yea · 13 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 36807
Democratic 21001
Republican 0501
Total 571309
% of votes cast 72%16%0%11%
How each member voted (79)
Member Party Vote
Burke — Yea
Holden — Yea
Gloria — Yea
Rendon — Yea
Levine — Yea
Bloom — Yea
Medina — Yea
Rodriguez — Yea
Cooper — Yea
Low — Yea
Maienschein — Yea
Waldron — Yea
Gray — Yea
Gonzalez — Yea
Kamlager — Yea
Santiago — Yea
Chiu — Yea
Ting — Yea
Nazarian — Yea
Salas — Yea
O'Donnell — Yea
Smith — Yea
Weber — Yea
Cooley — Yea
Friedman — Yea
Jones-Sawyer — Yea
Wood — Yea
Quirk — Yea
Mullin — Yea
Chau — Yea
Chu — Yea
Obernolte — Nay
Cunningham — Nay
Brough — Nay
Fong — Nay
Bigelow — Nay
Kiley — Nay
Mathis — Nay
Diep — Not Voting
McCarty — Not Voting
Daly — Not Voting
Mayes — Not Voting
Voepel — Not Voting
Frazier — Not Voting
Eggman — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Not Voting
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

3rd Reading AB3228 Bonta By Durazo

Passed 28 Yea · 9 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 18603
Democratic 10000
Republican 0300
Total 28903
% of votes cast 70%23%0%8%
How each member voted (40)
Member Party Vote
Dodd — Yea
Skinner — Yea
Portantino — Yea
Pan — Yea
Mitchell — Yea
Wieckowski — Yea
Hueso — Yea
Roth — Yea
Galgiani — Yea
Hertzberg — Yea
Monning — Yea
Leyva — Yea
Hill — Yea
Rubio — Yea
Allen — Yea
Beall — Yea
Atkins — Yea
Bradford — Yea
Bates — Nay
Morrell — Nay
Borgeas — Nay
Moorlach — Nay
Nielsen — Nay
Melendez — Nay
Chang — Not Voting
Wilk — Not Voting
Glazer — Not Voting
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

AB 3228 Bonta Assembly Third Reading

Passed 61 Yea · 14 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 21001
Unaffiliated 40902
Republican 0501
Total 611404
% of votes cast 77%18%0%5%
How each member voted (79)
Member Party Vote
Holden — Yea
Maienschein — Yea
Friedman — Yea
Cooper — Yea
Smith — Yea
Weber — Yea
Nazarian — Yea
Diep — Yea
Rendon — Yea
Rodriguez — Yea
McCarty — Yea
Low — Yea
Bloom — Yea
Daly — Yea
Burke — Yea
Cooley — Yea
Gloria — Yea
Mullin — Yea
Salas — Yea
Levine — Yea
Eggman — Yea
Medina — Yea
Gonzalez — Yea
Wood — Yea
Kamlager — Yea
O'Donnell — Yea
Chiu — Yea
Chu — Yea
Jones-Sawyer — Yea
Ting — Yea
Gray — Yea
Chau — Yea
Santiago — Yea
Frazier — Yea
Mayes — Yea
Fong — Nay
Cunningham — Nay
Obernolte — Nay
Voepel — Nay
Kiley — Nay
Mathis — Nay
Brough — Nay
Bigelow — Nay
Quirk — Not Voting
Waldron — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass as amended.

Passed 14 Yea · 4 Nay
Party YeaNayPresentNot Voting
Democratic 6000
Unaffiliated 8300
Republican 0100
Total 14400
% of votes cast 78%22%0%0%
How each member voted (18)
Member Party Vote
McCarty — Yea
Chau — Yea
Bloom — Yea
Eggman — Yea
Gonzalez — Yea
Diep — Yea
Fong — Nay
Bigelow — Nay
Voepel — Nay
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bauer-Kahan, Rebecca Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea
Dahle, Megan Republican Nay

Official roll call →

Subjects

public-safety immigration civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 3228 do?
Existing law prohibits a city, city and county, or local law enforcement agency from entering into a contract with the federal government or any federal agency to house or detain noncitizens for purposes of civil immigration custody in a locked detention facility. Existing law requires the Attorney General to engage in reviews of county, local, and private locked detention facilities in which noncitizens are being housed or detained for purposes of civil immigration proceedings in California. Existing law requires that review to include a review of the conditions of confinement, a review of the standard of care and due process provided to the detainees, and a review of the circumstances around their apprehension and transfer to the facility. This bill would require any private detention facility operator to comply with, and adhere to, the detention standards of care and confinement agreed upon in the facility's contract for operations. The bill would define a private detention facility as a detention facility operated by a private, nongovernmental, for-profit entity pursuant to a contract or agreement with a governmental entity. If a private detention facility commits a tortious action that violates the requirement to comply with detention standards of care and confinement, the bill would allow an individual who has been injured by that tortious action to bring a civil cause of action for relief. The bill would also allow the court to award a prevailing plaintiff reasonable attorney's fees and costs. The bill would state that its provisions are severable.
Who sponsors AB 3228?
AB 3228 is sponsored by Bonta, Mia (Democratic).
What is the current status of AB 3228?
This bill has been enacted into law. Introduced February 21, 2020. Enacted.
Where can I track AB 3228?
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Last checked for changes 3 months ago · updated continuously

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