BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2324
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 2324 (John A. Perez)
          As Amended  August 20, 2010
          Majority vote
           
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          |ASSEMBLY:  |77-0 |(May 13, 2010)  |SENATE: |32-0 |(August 25,    |
          |           |     |                |        |     |2010)          |
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           Original Committee Reference:    PUB. S.  

           SUMMARY  :   Creates new misdemeanors and recasts fines and  
          punishments for crimes committed in a public transit facility.  

           The Senate amendments:

           1)Make fair evasion and misuse of transfer pass a misdemeanor  
            upon third or subsequent conviction punishable by $400 or by  
            imprisonment in the country jail for not more than 90 days.

          2)Double-joint this bill with AB 451 (Portantino), AB 668  
            (Lieu), and SB 1320 (Hancock).

           AS PASSED BY THE ASSEMBLY  , this bill created new misdemeanors  
          and recasts fines and punishments for crimes committed in a  
          public transit facility.  Specifically,  this bill  :  


          1)Defined "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)Defined "sterile area" as any portion of a public transit  








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            facility that is generally controlled in a manner consistent  
            with the public transit authority's security plan.


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


          4)Provided it is unlawful for any person to knowingly possess  
            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; and, 


             h)   Any undetectable knife, as described under existing law.


          5)Allowed the following people to possess the aforementioned  
            items within any sterile area of a public transit facility: 









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             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;


             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; and, 


             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)Allowed 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)Allowed 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)Provided 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  








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            fine and imprisonment.


          9)Stated 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.


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


          11)Created 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; 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.










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


          13)Mandated 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  
            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)Punished the following acts as 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 the violator's hours of  
            school attendance or employment:

             a)   Eating or drinking in or on a system facility or vehicle  
               in areas where those activities are prohibited by that  
               system;

             b)   Disturbing another person by loud or unreasonable noise;

             c)   Smoking in or on a system facility or vehicle in areas  
               where those activities are prohibited by that system;

             d)   Expectorating upon a system facility or vehicle; and,

             e)   Skateboarding, roller skating, bicycle riding, roller  
               blading, or operating a motorized scooter 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  








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               other patrons of the transit facility.

          15)Punished the following acts upon a first or second violation,  
            as 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 the violator's 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.  For  
               purposes of this section, 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;  
               and, 

             b)   Misuse of a transfer, pass, ticket, or token with the  
               intent to evade the payment of a fare.

          16)Provided that 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.

          17)Provided 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.  This section shall apply only to acts committed  
            on or in a facility vehicle of a public transportation  
            purpose:

             a)   Willfully disturbing others on or in a system facility  








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               or vehicle by engaging in boisterous or unruly behavior;

             b)   Carrying an explosive, acid or inflammable liquid 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.

          18)Defined "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 Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           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  








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          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: 0006659