BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2324| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 2324 Author: John A. Perez (D) Amended: 6/10/10 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/22/10 AYES: Leno, Cedillo, Hancock, Huff, Steinberg, Wright NO VOTE RECORDED: Cogdill SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 77-0, 5/13/10 - See last page for vote SUBJECT : Public transit facilities SOURCE : Los Angeles County Sheriffs Department DIGEST : This bill: (1) establishes sterile areas within public transit facilities and prohibit possession of specified items within those areas; (2) expands the crime of trespass to include unauthorized entry into a public transit facility, as defined; (3) creates a new crime of intentionally avoiding security screening at a public transit facility; (4) and increases penalties for specified acts of misconduct committed on or in a facility or vehicle of a public transportation system, as specified. ANALYSIS : Existing law states that persons who intentionally avoid submission to the screening and inspection of one's person and accessible property in CONTINUED AB 2324 Page 2 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).) Existing law 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.) Existing law 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): 1. Carries any explosive or destructive device on any vessel, aircraft, car, or other vehicle that transports passengers for hire. 2. 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. 3. Places any explosive or destructive device in any baggage which is later checked with any common carrier. Existing law provides that when an assault is committed against any person on the property of, or on a motor vehicle of, a public transportation provider, as defined, the offense shall be punished by a fine not to exceed $2,000, or up to one year in county jail, or both. (Penal Code section 241.3.) Existing law provides that 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, AB 2324 Page 3 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, 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.) Existing law provides that murder in the first degree is punishable by 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.) This bill 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 AB 2324 Page 4 transit system. A public transit system includes the vehicles used in the system, including, but not limited to, motor vehicles, streetcars, trackless trolleys, buses, light rail systems, rapid transit systems, subways, trains, or jitneys, that transport members of the public for hire. This bill 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. This bill provides it is a misdemeanor, punishable by up to six months in county jail, or by a fine of up to $1,000, or both, for any person to knowingly possess within any sterile area of a public transit facility, if the sterile area is posted with a statement providing reasonable notice that prosecution may result from possession of these items, any of the following: 1. Any firearm; 2. Any imitation firearm as defined under existing law; 3. 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; 4. Any metal military practice hand grenade; 5. Any metal replica hand grenade; 6. Any plastic replica hand grenade; 7. Any unauthorized tear gas weapon; 8. Any taser or stun gun, as defined under existing law; and, 9. Any undetectable knife, as described under existing law. This bill exempts the following people from the prohibitions stated above: 1. A duly appointed peace officer, as defined under existing law; 2. A retired peace officer with authorization to carry concealed weapons as described under existing law; 3. A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California; 4. A qualified law enforcement officer of another state or AB 2324 Page 5 the federal government, as permitted under the Law Enforcement Officers Safety Act, as specified; 5. 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, 6. 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. This bill permits 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, as specified, and is carrying the handgun in accordance with that exemption. This bill permits 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, as specified. This bill provides that these 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. This bill specifically allows for prosecution under any other provision of law that may provide greater punishment. Trespass Existing law provides that it is 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 AB 2324 Page 6 person shall be punished as follows: 1. By a fine not exceeding $100. 2. By imprisonment in the county jail not exceeding 6 months, a fine of $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. 3. 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. (Penal Code section 602(u).) This bill expands the definition of a trespass to include 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 penalties for this offense would remain the same as existing law: 1. By a fine not exceeding $100. 2. 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. 3. 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. This bill defines "facility or vehicle of a public transportation system" as any of the following: 1. A facility or vehicle of a public transportation system as defined under existing law; AB 2324 Page 7 2. A facility of, or vehicle operated by any entity subsidized by, the Department of Transportation; or, 3. A leased or rented facility or vehicle which incurs costs of cleanup, repair, or replacement as a result of any of those acts. Security Screening Evasion and Fare Evasion Existing law provides the following acts are 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): 1. 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. 2. Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare. 3. Playing sound equipment on or in a system facility or vehicle. 4. Smoking, eating, or drinking in or on a system facility or vehicle in those areas where those activities are prohibited by that system. 5. Expectorating upon a system facility or vehicle. 6. Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior. 7. Carrying an explosive or acid, flammable liquid, or toxic or hazardous material in a public transit facility or vehicle. 8. 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. 9. Willfully blocking the free movement of another person in a system facility or vehicle. AB 2324 Page 8 10.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. 11.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. This bill provides 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 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. This bill recasts Penal Code section 640 to provide the following penalties for the following acts committed on or in a facility or vehicle of a public transportation system, as defined: Straight Infraction , punishable by a fine not to exceed AB 2324 Page 9 $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: 1. Playing sound equipment on or in a system facility or vehicle. 2. Smoking, eating, or drinking in or on a system facility or vehicle in those areas where those activities are prohibited by that system. 3. Disturbing another person by loud or unreasonable noise. 4. Expectorating upon a system facility or vehicle. 5. Skateboarding, roller skating, bicycle riding, rollerblading or [operating a] motorized scooter or similar device, as specified, 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. Infraction upon a first or second violation , 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 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: 1. Evasion of the payment of a fare of the system, including entering an enclosed area of a public transit facility beyond posted signs prohibiting entrance without obtaining valid fare, in addition to entering a vehicle without valid fare. 2. Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare. 3. Unauthorized use of a discount ticket or failure to present, upon request from a transit system AB 2324 Page 10 representative, acceptable proof of eligibility to use a discount ticket and posted system identification policies when entering or exiting a transit station or vehicle. 4. 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. Straight Misdemeanor , 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: 1. Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior; 2. Carrying an explosive, acid, or inflammable liquid in a public transit facility or vehicle; 3. 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; 4. Willfully blocking the free movement of another person in a system facility, as specified; and, 5. Willfully tampering with, removing, displacing, injuring, or destroying any part of any light rail train or bus equipment. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 8/2/10) Los Angeles County Sheriff's Department (source) California State Sheriffs' Association California Transit Association Los Angeles District Attorney's Office Sacramento Regional Transit District AB 2324 Page 11 Santa Clara Valley Transportation Authority ARGUMENTS IN SUPPORT : According to the author's office: 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 possessing certain weapons at airports and seaports. Over time, these laws were expanded to include certain public buildings and other facilities, but public transit facilities were not included at that time. 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 currently used in airports and seaports. This bill further authorizes law enforcement agencies to create sterile areas as part of their security plans and prohibit specified weapons and trespassing in these sterile areas. Second, numerous employees of the Los Angeles County Metropolitan Transportation Authority (MTA) have criticized the inadequate 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 AB 2324 Page 12 complained that passengers often 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 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. ASSEMBLY FLOOR : AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall, Bill Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield, Bradford, Brownley, Buchanan, Caballero, Charles Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello, Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas, Saldana, Silva, Smyth, Solorio, Audra Strickland, Swanson, Torlakson, Torres, Torrico, Tran, Villines, Yamada, John A. Perez NO VOTE RECORDED: Norby, Skinner AB 2324 Page 13 RJG:nl 8/3/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****