BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2324
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          ASSEMBLY THIRD READING
          AB 2324 (John A. Perez) 
          As Amended  May 10, 2010
          Majority vote 

           PUBLIC SAFETY       6-0         APPROPRIATIONS      14-0        
           
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          |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" to mean 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" means any portion of a public transit  
            facility that is generally controlled in a manner consistent  
            with the public transit authority's security plan.


          3)Defines "firearm" to have the same meaning as specified under  
            existing law.


          4)Provides it is unlawful for any person to knowingly possess  








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            within any sterile area of a public transit facility any of  
            the following, if the sterile area is posted with a statement  
            providing reasonable notice that prosecution may result from  
            possession of these items:


             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.


             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 undetectable knife, as described under existing law.


          5)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 defined under existing law. 










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             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 qualified law enforcement officer of another state or  
               the federal government, as permitted under the Law  
               Enforcement Officers Safety Act pursuant to Section 926B or  
               926C of Chapter 44 of Part 1 of Title 18 of the United  
               States Code.


             e)   Any person summoned by any of the officers, to assist in  
               making arrests or preserving the peace while he or she is  
               actually engaged in assisting the officer.


             f)   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.


          6)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. 


          7)Allows a person to possess a tear gas weapon within at transit  
            facility if he or she is permitted to carry such item under  
            existing law. 


          8)Provides that a violation of this section 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.


          9)States that the provisions of this section 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.









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          10)Allows for prosecution under any other provision of law that  
            may provide a greater punishment.


          11)Creates a trespass when any unauthorized person knowingly  
            enters, an airport operations area, passenger vessel terminal,  
            or 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)   A fine not exceeding $100.


             b)   By imprisonment in the county jail not exceeding six  
               months, or by a fine 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.


          12)Provides "authorized personnel" to also mean any person who  
            has a valid public transit employee identification. 


          13)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 sterile area of  
            an airport,  passenger vessel terminal, or public transit  
            facility, if the sterile area is posted with a statement  








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            providing reasonable notice that prosecution may result from a  
            trespass described in this subdivision, is a violation of this  
            subdivision, 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.

          14)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 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, roller  
               blading, or operating an electronic personal assistive  
               mobility device (EPAMD) or similar device as defined in  
               Section 313 of the Vehicle Code, or a motorized scooter or  
               similar device as defined in Section 407.5 of the Vehicle  
               Code 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  








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               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  
               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.

          15)Prohibits eating or drinking in or on a system facility or  
            vehicle in those areas where those activities are prohibited  
            by that system shall be 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.

          16)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,









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             e)   Willfully tampering with, removing, displacing,  
               injuring, or destroying any part of any light rail train or  
               bus equipment.

          17)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,

             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)  








                                                                  AB 2324
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          319-3744


                                                                FN: 0004282