Committee adopts amendment broadening contraband rule in prison phone bill

At a meeting of the Committee on Corrections and Public Institutions, the chair moved and the committee adopted a committee substitute for House Bill 2708 that expands the bill's definition of contraband to include devices "capable of being used" to initiate, receive, store or view electronic communications.

The amendment, identified in the record as 0.01H and read aloud by the chair, inserts the phrase "capable of being" into the statutory language that describes an "authorized portable electronic communication device." The chair read the revised sentence to clarify the change in scope of what would be treated as contraband.

Representative Lucas, speaking as a committee member, said the effect of the language is to treat a device as contraband even if it has not been used: "This says as long as it's capable of being used, then it's contraband." A staff member who answered questions on statutory construction said the statutes include a knowledge provision, adding, "All of these require knowledge. You cannot be punished for something you don't know anything about." The exchange addressed whether a cellmate who was unaware of another inmate's device could be held liable.

After discussion, the committee voted to adopt the committee amendment, rolled the change into a new committee substitute and then took a roll-call vote on the substitute. By the chair's announcement, the substitute passed by a vote of 7 ayes to 5 noes.

The chair moved the motions and led the roll calls; the clerk conducted the votes. The committee did not record additional amendments or changes beyond the inserted phrase and the creation of the substitute.

The committee's action advances the measure out of committee under the committee substitute; the transcript records committee-level action only and does not record any subsequent floor action or implementation details.