BILL ANALYSIS
AB 2324
Page 1
ASSEMBLY THIRD READING
AB 2324 (John A. Perez)
As Amended May 4, 2010
Majority vote
PUBLIC SAFETY 6-0 APPROPRIATIONS 14-0
-----------------------------------------------------------------
|Ayes:|Ammiano, Beall, Gilmore, |Ayes:|Fuentes, Conway, Ammiano, |
| |Hill, Portantino, Skinner | |Coto, Davis, Bonnie |
| | | |Lowenthal, Hall, Harkey, |
| | | |Miller, Nielsen, Skinner, |
| | | |Solorio, Torlakson, Hill |
-----------------------------------------------------------------
SUMMARY : Creates new misdemeanors and recasts fines and
punishments for crimes committed in a public transit facility.
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;
AB 2324
Page 2
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;
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
AB 2324
Page 3
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
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 six
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; and,
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
AB 2324
Page 4
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
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
AB 2324
Page 5
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; and,
g) 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. 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:
AB 2324
Page 6
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,
c) A leased or rented facility or vehicle which incurs
costs of cleanup, repair, or replacement as a result of any
of those acts.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown, potentially significant nonreimbursable
local law enforcement and incarceration costs, offset to a
degree by increased fine revenue, to the extent local
authorities charge under the new misdemeanor sections. It is
likely that in many, if not most cases, however, the prosecution
will pursue fines rather than county jail time.
COMMENTS : 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 intentionally engaging dangerous activities that can
jeopardize the safety of transit operators, passengers and the
public."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
319-3744 FN:
0004114