BILL ANALYSIS AB 2324 Page 1 Date of Hearing: April 13, 2010 Counsel: Nicole J. Hanson ASSEMBLY COMMITTEE ON PUBLIC SAFETY Tom Ammiano, Chair AB 2324 (John A. Perez) - As Amended: April 5, 2010 SUMMARY : Creates new misdemeanors and recasts fines and punishments for crimes committed upon public transit vehicle stations. Specifically, this bill : 1)Defines "public transit facility" as any land, buildings, and equipment, or any interest therein, including any station on a public transportation route, to which access is controlled in a manner consistent with the public transit authority's security plan, whether or not the operation thereof produces revenue, which have as their primary purpose the operation of a public transit system or the providing of services to the passengers of a public transit system. A public transit system includes the vehicles used in the system, including, but not limited to, motor vehicles, streetcars, trackless trolleys, buses, shuttles, light rail systems, rapid transit systems, subways, trains, taxi cabs, or jitneys, that transport members of the public for hire. 2)Defines "sterile area" as any portion of a public transit facility that is generally controlled in a manner consistent with the public transit authority's security plan. 3)Provides it is unlawful for any person to knowingly possess within any sterile area of a public transit facility any of the following: a) Any firearm; b) Any imitation firearm as defined under existing law; c) Any instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun or paint gun; AB 2324 Page 2 d) Any metal military practice hand grenade; e) Any metal replica hand grenade; f) Any plastic replica hand grenade; g) Any unauthorized tear gas weapon; h) Any taser or stun gun, as defined under existing law; and, i) Any detectable knife, as described under existing law. 4)Allows the following people to possess the aforementioned items within any sterile area of a public transit facility: a) A duly appointed peace officer, as defined under existing law; b) A retired peace officer with authorization to carry concealed weapons as described under existing law; c) A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California; d) A person summoned by a peace officer to assist in making arrests or preserving the peace while he or she is actually engaged in assisting the officer; and, e) A person who is responsible for the security of the public transit system and who has been authorized by the public transit authority's security coordinator, in writing, to possess a weapon. 5)Allows a person to carry a handgun in a transit facility if he or she is a person who is exempt from the prohibition against carrying a handgun under existing law. 6)Allows a person to possess a tear gas weapon within a transit facility if he or she is permitted to carry such item under existing law. 7)States that any person in possession of the aforementioned prohibited items is punishable by imprisonment in a county AB 2324 Page 3 jail for a period not exceeding six months, or by a fine not exceeding $1,000, or by both that fine and imprisonment. 8)Provides that the aforementioned provisions are cumulative, and shall not be construed as restricting the application of any other law. However, an act or omission that is punishable in different ways by this and any other provision of law shall not be punished under more than one provision. 9)Allows for prosecution under any other provision of law that may provide greater punishment. 10)Creates a trespass when any unauthorized person knowingly enters a public transit facility if the area has been posted with notices restricting access to authorized personnel only and the postings occur not greater than every 150 feet along the exterior boundary, to the extent, in the case of a passenger vessel terminal, that the exterior boundary extends shoreside. To the extent that the exterior boundary of a passenger vessel terminal operations area extends waterside, this prohibition shall apply if notices have been posted in a manner consistent with the requirements for the shoreside exterior boundary, or in any other manner approved by the captain of the port. The person shall be punished as follows: a) By a fine not exceeding $100. b) By imprisonment in the county jail not exceeding 6 months or $1,000, or both, if the person refuses to leave the airport or passenger vessel terminal after being requested to leave by a peace officer or authorized personnel. c) By imprisonment in the county jail not exceeding six months, or by a fine not exceeding $1,000, or both, for a second or subsequent offense. 11)Mandates that persons who intentionally avoid submission to the screening and inspection of one's person and accessible property in accordance with the procedures being applied to control access when entering or reentering a public transit facility and are responsible in any part for delays or cancellations of departures are punishable by imprisonment of not more than one year in a county jail if the sterile area is posted with a statement providing reasonable notice that AB 2324 Page 4 prosecution may result. A violation of this subdivision is punishable by a fine of not more than $500 for the first offense. A second and subsequent violation is a misdemeanor, punishable by imprisonment in a county jail for a period of not more than one year, or by a fine not to exceed $1,000, or by both that fine and imprisonment. 12)Punishes the following acts committed on or in a facility or vehicle of a public transportation system as follows: upon a first or second violation, is an infraction punishable by a fine not to exceed $250 and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during his or her hours of school attendance or employment. A third or subsequent violation of any of the following acts is a misdemeanor punishable by a fine of not more than $400 or by imprisonment in the county jail for a period of not more than 90 days, or by both that fine and imprisonment. a) Evasion of the payment of a fare of the system. b) Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare. c) Playing sound equipment on or in a system facility or vehicle. d) Smoking, eating, or drinking in or on a system facility or vehicle in those areas where those activities are prohibited by that system. e) Expectorating upon a system facility or vehicle. f) Skateboarding, roller skating, bicycle riding, or rollerblading in a system facility, vehicle, or parking structure. This paragraph does not apply to an activity that is necessary for utilization of the transit facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a transit vehicle, if that activity is conducted with the permission of the transit agency in a manner that does not interfere with the safety of the bicyclist or other patrons of the transit facility. g) Unauthorized use of a discount ticket or failure to AB 2324 Page 5 present, upon request from a transit system representative, acceptable proof of eligibility to use a discount ticket and posted system identification policies when entering or exiting a transit station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting. In the event that an eligible discount ticket user is not in possession of acceptable proof at the time of request, any citation issued shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, the citation shall be voided. If the proof is not produced within that time period, the citation shall be processed. 13)Provides that the following acts are punishable by a fine of not more than $400, by imprisonment in the county jail for a period of not more than 90 days, or by both that fine and imprisonment: a) Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior; b) Carrying an explosive or acid, inflammable liquid, or toxic or hazardous material in a public transit facility or vehicle; c) Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition; d) Willfully blocking the free movement of another person in a system facility; and, e) Willfully tampering with, removing, displacing, injuring, or destroying any part of any light rail train or bus equipment. 14)Defines "facility or vehicle of a public transportation system" as any of the following: a) A facility or vehicle of a public transportation system as defined under existing law; b) A facility of, or vehicle operated by any entity subsidized by, the Department of Transportation; or, AB 2324 Page 6 c) A leased or rented facility or vehicle which incurs costs of cleanup, repair, or replacement as a result of any of those acts. EXISTING LAW : 1)Creates a trespass when an unauthorized person knowingly enters upon any airport or passenger vessel terminal operations area, if the area has been posted with notices restricting access to authorized personnel only and the posting occur not greater than every 150 feet along the exterior boundary, to the extent, in the case of a passenger vessel terminal, that the exterior boundary extends shoreside. To the extent that the exterior boundary of a passenger vessel terminal operations area extends waterside, this prohibition shall apply if notices have been posted in a manner consistent with the requirements for the shoreside exterior boundary, or in any other manner approved by the captain of the port. The person shall be punished as follows [Penal Code Section 602(u)]: a) By a fine not exceeding $100. b) By imprisonment in the county jail not exceeding $1,000, or both, if the person refuses to leave the airport or passenger vessel terminal after being requested to leave by a peace officer or authorized personnel. c) By imprisonment in the county jail not exceeding six months, or by a fine not exceeding $1,000, or both, for a second or subsequent offense. 2)States that persons who intentionally avoid submission to the screening and inspection of one's person and accessible property in accordance with the procedures being applied to control access when entering or reentering a sterile area of an airport or, passenger vessel terminal and are responsible for the evacuation of an airport terminal or, passenger vessel terminal, and is responsible in any part delays or cancellations of scheduled flights or departures is punishable by imprisonment of not more than one year in a county jail if the sterile area is posted with a statement providing reasonable notice that prosecution may result from a trespass. [Penal Code Section 602(v).] AB 2324 Page 7 3)Defines "public transportation system" as any system of an operator which provides transportation services to the general public by any vehicle which operates on land or water, regardless of whether operated separated from or in conjunction with other vehicles. (Public Utilities Code Section 99211.) 4)Prescribes the following the acts as infractions punishable by a fine not to exceed $250 and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during his or her hours of school attendance or employment, when committed on or in a facility or vehicle of a public transportation system, a facility of, or vehicle operated by any entity subsidized by, the Department of Transportation, a leased or rented facility or vehicle for which incur costs of cleanup, repair, or replacement as a result of any of those acts (Penal Code Section 640): a) Evasion of the payment of a fare of the system. Fare evasion includes entering an enclosed area of a public transit facility beyond posted signs prohibiting entrance without obtaining valid fare, in addition to entering a transit vehicle without valid fare. b) Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare. c) Playing sound equipment on or in a system facility or vehicle. d) Smoking, eating, or drinking in or on a system facility or vehicle in those areas where those activities are prohibited by that system. e) Expectorating upon a system facility or vehicle. f) Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior. g) Carrying an explosive or acid, flammable liquid, or toxic or hazardous material in a public transit facility or vehicle. AB 2324 Page 8 h) Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition. i) Willfully blocking the free movement of another person in a system facility or vehicle. j) Skateboarding, roller skating, bicycle riding, rollerblading, or operating an electronic personal assistive mobility device or similar device as defined under existing law, or a motorized scooter or similar device as defined under existing law in a system facility, vehicle, or parking structure. This paragraph does not apply to an activity that is necessary for utilization of the transit facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a transit vehicle, if that activity is conducted with the permission of the transit agency in a manner that does not interfere with the safety of the bicyclist or other patrons of the transit facility. aa) Unauthorized use of a discount ticket or failure to present, upon request from a transit system representative, acceptable proof of eligibility to use a discount ticket and posted system identification policies when entering or exiting a transit station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting. 5)Punishes any person who defaces with graffiti or other inscribed material the interior or exterior of the facilities or vehicles of a government entity , or the interior or exterior of the facilities or vehicles of a public transportation system, or the interior or exterior of the facilities of or vehicles operated by entities subsidized by the Department of Transportation or the interior or exterior of any leased or rented facilities or vehicles for which any of the above entities incur costs of less than $250 for cleanup, repair, or replacement is guilty of an infraction punishable by a fine not to exceed $1,000 and by a minimum of 48 hours of community service for a total time not to exceed 200 hours over a period not to exceed 180 days, during a time other than his or her hours of school attendance or employment. [Penal Code Section 640.5(a)(1).] AB 2324 Page 9 6)Creates a felony punishable by imprisonment in the state prison for two, four, or six years for any person who willfully (Penal Code Section 12303.1): a) Carries any explosive or destructive device on any vessel, aircraft, car, or other vehicle that transports passengers for hire. b) Places or carries any explosive or destructive device, while on board any such vessel, aircraft, car, or other vehicle, in any hand baggage, roll, or other container. c) Places any explosive or destructive device in any baggage which is later checked with any common carrier. d) Provides that when an assault is committed against any person on the property of, or on a motor vehicle of, a public transportation provider, the offense shall be punished by a fine not to exceed $2,000, or by imprisonment in a county jail not to exceed one year, or by both the fine and imprisonment. (Penal Code Section 241.3.) e) A "public transportation provider" is a publicly or privately owned entity that operates, for the transportation of persons for hire, a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in air, or that operates a school bus. f) "On the property of" is defined as the entire station where public transportation is available, including the parking lot reserved for the public who utilize the transportation system. 7)Provides that every person who commits an assault with a deadly weapon or instrument or by any means of force likely to produce great bodily injury upon the person of an operator, driver, or passenger on a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in the air, used for the transportation of persons for hire, or upon the person of a station agent or ticket agent for the entity providing such transportation, when the driver, AB 2324 Page 10 operator, or agent is engaged in the performance of his or her duties, and where the person who commits the assault knows or reasonably should know that the victim is engaged in the performance of his or her duties, or is a passenger, shall be punished by imprisonment in the state prison for three, four, or five years. (Penal Code Section 245.2.) 8)Orders defendants found guilty of murder in the first degree to confinement in state prison for a term of life without the possibility of parole in any case in which any of the following special circumstances has been charged and specially found to be true: the victim was the operator or driver of a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle operated on land, including a vehicle operated on stationary rails or on a track or rail suspended in the air, used for the transportation of persons for hire, or the victim was a station agent or ticket agent for the entity providing such transportation, who, while engaged in the course of the performance of his or her duties was intentionally killed, and such defendant knew or reasonably should have known that such victim was the operator or driver of a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle operated on land, including a vehicle operated on stationary rails or on a track or rail suspended in the air, used for the transportation of persons for hire, or was a station agent or ticket agent for the entity providing such transportation, engaged in the performance of his or her duties. (Penal Code Section 190.25.) FISCAL EFFECT : Unknown COMMENTS : 1)Author's Statement : According to the author, "In the aftermath of the terrorist attacks on September 11, 2001, California made several changes to the Penal Code to address gaps in state law that deal with trespassing and possessing certain weapons at airports and seaports. Over time, these laws were expanded to include certain public buildings and other facilities, but trains and bus terminals were not included at that time. AB 2324 gives law enforcement the tools necessary to strengthen security for buses, trains and other public transportation systems in California by prohibiting the possession of dangerous weapons in certain areas of a public transit facility and prohibits a person from AB 2324 Page 11 intentionally engaging dangerous activities that can jeopardize the safety of transit operators, passengers and the public." 2)Background : According to information provided by the author, "The Los Angeles County Sheriff's Department and other law enforcement agencies that provide public safety services to public transit agencies have expressed significant concerns over the safety of California's public transit systems. Current law does not provide for adequate protection from illegal weapons and dangerous or illegal behaviors on public transit systems. "First, there is no state law that prohibits an individual who is carrying certain weapons from accessing a public transit system. More and more law enforcement agencies are coming across people entering public transit facilities that are armed with dangerous weapons. To address this concern, AB 2324 creates a definition for a 'sterile area' for public transit systems like light rail, rail, and bus terminals, which is similar to the sterile areas used for airports and seaports. This bill further prohibits specified weapons within this sterile area and prohibits trespassing into these sterile areas for public transit facilities. "Second, numerous employees of the Los Angeles County Metropolitan Transportation Authority (MTA) have been criticizing current law that does not adequately address the penalties for crimes committed on buses and light rail. An example of this is that under current law, possession of an 'explosive' or 'flammable liquid' is only an infraction. Similarly, the MTA bus drivers have complained that passengers often times disturb passengers and drivers or willfully destroy public transit vehicle equipment which is only an infraction. This bill seeks to address these concerns by making these offenses misdemeanors consistent with other provisions of law. "A third area of concern is the need to adjust the current fare evasion schedule (Penal Code Section 640). In San Francisco, the Bay Area Rapid Transit (BART) and the San Francisco Municipal Railway (Muni) report losses of over $17 million a year in fare evasion. The MTA reports over $5 million lost in fare evasion despite citing over 45,000 people a year for fare evasion. The Sacramento Police Department reports that they AB 2324 Page 12 have cited over 25,000 people last year for fare evasion. Although this bill does not propose an increase in fine for the first two citations, it does modify the penalty for a third and subsequent conviction. Currently in Los Angeles, the fare evasion schedule is $25 dollars for the first offense, $50 for a second and $100 for a third offense. This bill would amend Section 640 to reflect this new fare evasion change as well as clearly defining the crime of fare evasion." 3)Argument in Support : According to the Los Angeles County Sheriff's Department , "[T]he security of public transportation is a critical issue and an important component of our Homeland Security. "Under current law, only airports and sea ports enjoy statutory provisions to ensure safer environments for employees and passengers. Sterile areas have been created and weapons prohibitions have been put into place to protect these operations. Prohibitions have also been established for persons who intentionally bypass screening and inspection when entering a sterile area. "This bill would create sterile areas and weapons prohibitions for a public transit vehicle station. This bill would also prohibit a person from intentionally avoiding submission to screening and inspection when entering a sterile area in a public transit vehicle station. This will create a safer environment for those who patronize or work in the public transit system. "This bill will also increase penalties for repeat fare evasion offenders. The first and second violation for fare evaders will remain the same, but for the third violation, the penalty would have an increased fine. Additionally, other violations under the transit section (California Penal Code Section 640), such as a willful disturbance and carrying an explosive or acid, will be upgraded from infractions to misdemeanors, notwithstanding any other provision of law. "This bill will go a long way to ensure safety and security for all patrons of the public transportation system. All around the world, public transportation systems have been a target for terrorist attacks. Israel, Britain, Spain, and Iraq are just a few counties that have suffered greatly with scores of people injured or killed as a result of attacks on public AB 2324 Page 13 transportation systems. Recently, in the United States, a man affiliated with terrorist organizations, plead [sic] guilty to conspiring to detonate explosives in the New York City subway system. It is absolutely the time for us to take action and do what we can to prevent these tragic events from occurring in California." 4)Related Legislation : SB 1320 (Hancock) allows the Alameda-Contra Costa Transit District to adopt and enforce an ordinance to impose and enforce civil administrative penalties for fare evasion or passenger misconduct, other than by minors, on or in a transit facility or vehicle in lieu of the criminal penalties, with specified administrative adjudication procedures for the imposition and enforcement of the administrative penalties. SB 1320 is set to be heard by the Senate Committee on Transportation and Housing today. 5)Prior Legislation : a) SB 584 (Soto), Chapter 378, Statutes of 2005, expanded existing misdemeanor trespass laws to specifically prohibit intentionally avoiding the screening and inspection procedures applicable to courthouses or a city, county, city and county or state building, as specified. b) AB 280 (Oropeza), Chapter 289, Statutes of 2005, prohibited a person from knowingly possessing specified weapons and other items within any sterile area of a harbor. c) AB 1263 (Benoit), Chapter 361, Statutes of 2003, made it a trespass to intentionally avoid the screening and inspection of one's person or property when entering the sterile area of an airport. d) SB 510 (Scott), Chapter 608, Statutes of 2002, made it a misdemeanor to possess specified weapons and/or parts, or ammunition within a "sterile area" of an airport, as defined. REGISTERED SUPPORT / OPPOSITION : Support Los Angeles County Sheriff's Department (Sponsor) AB 2324 Page 14 California State Sheriffs' Association Opposition None Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916) 319-3744