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;









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             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  








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            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  








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            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  








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               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,








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             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).]








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          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.









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             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).]








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          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,  








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            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  








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            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  








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            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  








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            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)








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          California State Sheriffs' Association

           Opposition 
           
          None
           

          Analysis Prepared by  :    Nicole J. Hanson / PUB. S. / (916)  
          319-3744