AB 2286
Criminal procedure: attorney visits: medical settings.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Chaptered
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Sign in to take action- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill clarifies that existing penalties for refusing to allow an attorney to visit a prisoner apply when the prisoner is located in a medical setting, such as a jail, prison, or hospital. It ensures that individuals in these facilities have the same right to attorney visits as those in other correctional settings. The bill also includes technical corrections to the existing law.
Key provisions
- Applies penalties for refusing attorney visits to medical settings (jails, prisons, hospitals).
- Reinforces existing penalties for officers who willfully deny attorney visits.
- Addresses technical corrections to the existing law.
- Clarifies the timeframe for arraignment when the 48-hour period extends beyond normal court hours.
Who is affected
- Prisoners
- Correctional officers
- Attorneys
Notable changes
- Expands the scope of existing penalties to include medical settings.
- Includes technical corrections to the Penal Code.
Arguments in favor
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AB2286:v97#DOCUMENT
Bill Start
Assembly Bill No. 2286
CHAPTER 48
An act to amend Section 825 of the Penal Code, relating to criminal procedure.
[ Approved by Governor June 30, 2026. Filed with Secretary of State June 30, 2026. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 2286, Bryan. Criminal procedure: attorney visits: medical settings.
Existing law requires a person arrested to be taken before a magistrate without delay and, in any event, within 48 hours after arrest, not including weekends and holidays, as specified. Existing law allows an attorney to visit a prisoner after their arrest, as specified. Under existing law, an officer in charge of the prisoner who willfully refuses or neglects to allow an attorney to visit that prisoner is liable for criminal and civil penalties, as provided.
This bill would clarify that the above provisions regarding criminal and civil penalties for officers apply if a prisoner is in a jail, prison, or medical setting. The bill would make other technical changes, as provided.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 825 of the Penal Code is amended to read:
825.
(a) (1) Except as provided in paragraph (2), the defendant shall in all cases be taken before the magistrate without unnecessary delay, and, in any event, within 48 hours after their arrest, excluding Sundays and holidays.
(2) When the 48 hours prescribed by paragraph (1) expire at a time when the court in which the magistrate is sitting is not in session, that time shall be extended to include the duration of the next court session on the judicial day immediately following. If the 48-hour period expires at a time when the court in which the magistrate is sitting is in session, the arraignment may take place at any time during that session. However, when the defendant’s arrest occurs on a Wednesday after the conclusion of the day’s court session, and if the Wednesday is not a court holiday, the defendant shall be taken before the magistrate not later than the following Friday, if the Friday is not a court holiday.
(b) An officer having charge of a prisoner, including when the prisoner is in a jail, prison, medical setting, or hospital, who willfully refuses or neglects to allow an attorney to visit a prisoner is guilty of a misdemeanor. An officer having a prisoner in charge, who refuses to allow the attorney to visit the prisoner when proper application is made, shall forfeit and pay to the party aggrieved the sum of five hundred dollars ($500), to be recovered by action in any court of competent jurisdiction.