BILL NUMBER: SB 1509	CHAPTERED  09/27/08

	CHAPTER  410
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 27, 2008
	PASSED THE SENATE  AUGUST 11, 2008
	PASSED THE ASSEMBLY  AUGUST 7, 2008
	AMENDED IN ASSEMBLY  JUNE 26, 2008
	AMENDED IN ASSEMBLY  JUNE 16, 2008
	AMENDED IN SENATE  APRIL 14, 2008
	AMENDED IN SENATE  APRIL 2, 2008

INTRODUCED BY   Senator Lowenthal

                        FEBRUARY 21, 2008

   An act to add Sections 241.5 and 243.65 to the Penal Code,
relating to crimes against highway workers.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1509, Lowenthal. Highway workers: assault and battery.
   Existing law establishes the offense of assault, and provides for
various species of assault against specified persons.
   This bill would provide that when an assault is committed against
a highway worker, as defined, engaged in the performance of his or
her duties and the person committing the offense knows or reasonably
should know that the victim is a highway worker engaged in the
performance of his or her duties, the offense shall be punishable by
a fine not to exceed $2,000, or by imprisonment in a county jail up
to one year, or by both that fine and imprisonment.
   By creating a new crime, this bill would impose a state-mandated
local program.
   Existing law establishes the offense of battery, and provides for
various species of battery against specified persons.
   This bill would provide that when a battery is committed against
the person of a highway worker, as defined, engaged in the
performance of his or her duties and the person committing the
offense knows or reasonably should know that the victim is a highway
worker engaged in the performance of his or her duties, the offense
shall be punished by a fine not exceeding $2,000, or by imprisonment
in a county jail not exceeding one year, or by both that fine and
imprisonment.
   By creating a new crime, this bill would impose a state-mandated
local program.
   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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 241.5 is added to the Penal Code, to read:
   241.5.  (a)  When an assault is committed against a highway worker
engaged in the performance of his or her duties and the person
committing the offense knows or reasonably should know that the
victim is a highway worker engaged in the performance of his or her
duties, the offense shall be punishable by a fine not to exceed two
thousand dollars ($2,000) or by imprisonment in a county jail up to
one year or by both that fine and imprisonment.
   (b) As used in this section, "highway worker" means an employee or
contractor of the Department of Transportation who does one or more
of the following:
   (1) Performs maintenance, repair, or construction of state highway
infrastructures and associated rights-of-way in highway work zones.
   (2) Operates equipment on state highway infrastructures and
associated rights-of-way in highway work zones.
   (3) Performs any related maintenance work, as required, on state
highway infrastructures in highway work zones.
  SEC. 2.  Section 243.65 is added to the Penal Code, to read:
   243.65.  (a) When a battery is committed against the person of a
highway worker engaged in the performance of his or her duties and
the person committing the offense knows or reasonably should know
that the victim is a highway worker engaged in the performance of his
or her duties, the offense shall be punished by a fine not exceeding
two thousand dollars ($2,000), or by imprisonment in a county jail
not exceeding one year, or by both that fine and imprisonment.
   (b) As used in this section, "highway worker" means an employee or
contractor of the Department of Transportation who does one or more
of the following:
   (1) Performs maintenance, repair, or construction of state highway
infrastructures and associated rights-of-way in highway work zones.
   (2) Operates equipment on state highway infrastructures and
associated rights-of-way in highway work zones.
   (3) Performs any related maintenance work, as required, on state
highway infrastructures in highway work zones.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.