BILL ANALYSIS Ó
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair S
2011-2012 Regular Session B
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SB 390 (La Malfa)
As Amended March 21, 2011
Hearing date: March 29, 2011
Penal Code
JM:dl
ASSAULT AND BATTERY:
SEARCH AND RESCUE TEAM MEMBERS
HISTORY
Source: California State Sheriffs' Association
Prior Legislation: SB 1509 (Lowenthal) - Ch. 410, Stats. 2008
SB 1686 (Leno) - Ch. 243, Stats. 2007
SB 919 (Ortiz) - Ch. 274, Stats. 2003
Support: California Police Chiefs Association; Kern County
Sheriff; Kings County Sheriff; Shasta County Sheriff;
Fresno County Sheriff; Lassen County Sheriff; Alameda
County Sheriff
Opposition:None known
NOTE: THIS BILL IS ANALYZED AS PROPOSED TO BE AMENDED BY THE
AUTHOR IN COMMITTEE.
KEY ISSUE
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SB 390 (La Malfa)
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SHOULD MEMBERS OF SEARCH AND RESCUE TEAMS BE INCLUDED IN
EXISTING MISDEMEANOR ASSAULT AND BATTERY CRIMES WHERE THE VICTIM
IS A FIREFIGHTER, PEACE OFFICER, EMERGENCY MEDICAL TECHNICIAN
OR OTHER SIMILAR PROFESSIONAL?
PURPOSE
The purpose of this bill, as proposed to be amended in Committee
by the author, is to include search and rescue personnel in
existing misdemeanor assault and battery crimes applicable where
the victim is a firefighter, peace officer, emergency medical
technician or other similarly-situated professional, as
specified.
Existing law defines an assault as an attempt to commit a
violent injury on another, although a person is guilty of
assault if he or she does any act knowing that the natural and
probable consequences of that act is infliction of injury on
another person. (People v. Williams (2001) 26 Cal.4th 779; Pen.
Code § 240.)
Existing law provides that simple assault (in which great bodily
injury is not likely to occur) is a misdemeanor, punishable by a
jail term of up to 6 months, a fine of up to $1000, or both.
(Pen. Code § 241, subd. (a).)
Existing law provides that where the victim of an assault is a
custodial officer, traffic officer, firefighter, EMT, physician
or nurse providing emergency care, lifeguard, process server,
traffic officer, code enforcement officer, or animal control
officer engaged in the performance of his or her duties, and the
person committing the assault is aware of the victim's status,
the crime is a misdemeanor, punishable by a county jail term of
up to 1 year, a fine of up to $2000, or both. (Pen. Code § 241,
subd. (c).)
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Existing law defines a battery as "any willful and unlawful use
of force or violence upon the person of another." (Pen. Code §
242.)
Existing law provides that simple battery (battery not causing
injury requiring medical attention) is a misdemeanor punishable
by a county jail term of up to 6 months, a fine of up to $1000,
or both. (Pen. Code § 242.)
Existing law provides that where the victim of a simple battery
is a custodial officer, traffic officer, firefighter, EMT,
physician or nurse providing emergency care, lifeguard, process
server, traffic officer, code enforcement officer, or animal
control officer engaged in the performance of his or her duties,
the crime is a misdemeanor, punishable by a county jail term of
up to one year, a fine of up to $2000, or both. The fact that
the defendant knew, or should have known, the status of the
victim is an element of this crime. (Pen. Code § 243, subd.
(b).)
Existing law provides that where the victim of a battery is a
custodial officer, traffic officer, firefighter, EMT, physician
or nurse providing emergency care, lifeguard, process server,
traffic officer, code enforcement officer, or animal control
officer engaged in the performance of his or her duties, and an
injury is inflicted on the victim, the crime is an alternate
felony-misdemeanor, punishable by a county jail term of up to
one year, a fine of up to $2000, or both, or by a prison term
of 16 months, 2 years or 3 years and a fine of up to $10,000.
The fact that the defendant knew, or should have known, the
status of the victim is an element of this crime. (Pen. Code §
243, subd. (c).)
This bill, as proposed to be amended in Committee by the author,
would add search and rescue team members to the existing
misdemeanor assault and battery crimes applicable where the
victim is a firefighter, peace officer, or other
similarly-situated professional, as specified.
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This bil l provides that assault or simple battery on a search
and rescue member is punishable by a jail term of up to one year
and a fine of up to $2,000.
This bill defines search and rescue member as any person who is
part of an organized search and rescue operation that is managed
by a law enforcement agency.
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RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the last several years, severe overcrowding in California's
prisons has been the focus of evolving and expensive litigation.
As these cases have progressed, prison conditions have
continued to be assailed, and the scrutiny of the federal courts
over California's prisons has intensified.
On June 30, 2005, in a class action lawsuit filed four years
earlier, the United States District Court for the Northern
District of California established a Receivership to take
control of the delivery of medical services to all California
state prisoners confined by the California Department of
Corrections and Rehabilitation ("CDCR"). In December of 2006,
plaintiffs in two federal lawsuits against CDCR sought a
court-ordered limit on the prison population pursuant to the
federal Prison Litigation Reform Act. On January 12, 2010, a
three-judge federal panel issued an order requiring California
to reduce its inmate population to 137.5 percent of design
capacity -- a reduction at that time of roughly 40,000 inmates
-- within two years. The court stayed implementation of its
ruling pending the state's appeal to the U.S. Supreme Court.
On Monday, June 14, 2010, the U.S. Supreme Court agreed to hear
the state's appeal of this order and, on Tuesday, November 30,
2010, the Court heard oral arguments. A decision is expected as
early as this spring.
In response to the unresolved prison capacity crisis, in early
2007 the Senate Committee on Public Safety began holding
legislative proposals which could further exacerbate prison
overcrowding through new or expanded felony prosecutions.
This bill, as proposed to be amended in Committee by the author,
does not appear to aggravate the prison overcrowding crisis
described above.
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COMMENTS
1. Need for This Bill
According to the author:
Search and rescue personnel are trained and organized
by county sheriff's departments to participate in
disaster response, evacuations and body recovery. In
performing their duties, they are often put in harm's
way, sacrificing their personal safety to provide
public safety.
Senate Bill 390 serves to recognize the critical
support role that search and rescue personnel play in
sheriffs' offices by increasing the maximum penalties
for both assault and battery of search and rescue team
members. If passed, the misdemeanor penalties would be
equal to those applied to assault and battery of
similar law enforcement and public safety personnel,
including peace officers, firefighters and EMTs, among
others.
2.Existing Assault and Battery Statutes; This Bill
The California statutes on assault and battery are extremely
complicated and convoluted. There are numerous provisions
setting out enhanced penalties because of the status or
profession of the victim. Several enhancements apply where the
defendant caused great bodily injury. A separate statute
describes a felony for battery with "serious" bodily injury.
There are individual statutes for assaults and batteries on
school property, or in a park, or on public transportation,
assaults and batteries on highway workers, school peace
officers, jurors and members of the armed forces.
This bill does not create a stand-alone section concerning
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assault or battery on a search and rescue team member. Rather,
the bill amends one of the more general and comprehensive
special assault and battery sections. This bill amends sections
on assault and battery in which the victim is one of a list of
specified professionals, officers or workers. These include
firefighters, peace officers, emergency medical technicians,
animal control officers and others. These professions and
occupations appear to be similar to search and rescue team
members, the subject of this bill.
ARE SEARCH AND RESCUE TEAM MEMBERS SIMILAR TO PERSONS AND
PROFESSIONALS COVERED BY THE STATUTE PROVIDING FOR ENHANCED
PENALTIES FOR ASSAULTS AND BATTERIES ON FIREFIGHTERS, PEACE
OFFICERS, EMERGENCY MEDICAL TECHNICIANS, EMERGENCY PHYSICIANS
AND NURSES, AND OTHER SPECIFIED PERSONS?
3.Background Information From Author - Example of Assault on a
Search and Rescue Team Member
The author has provided the Committee with an example of a
battery on a volunteer sergeant in a search and rescue team. On
February 28, 2010, a team was searching for Chelsea King near a
freeway in San Diego. A truck traveling on the freeway spun out
of control and into a ditch. Joseph Charmasson, a volunteer
search and rescue sergeant, ran to the truck to assist the
occupants. Charmasson was wearing a search and rescue unit
uniform.
As Charmasson opened the door of the truck, the driver punched
him in the face with a closed fist. After a brief struggle,
Charmasson was able to seize the truck keys and detain the
driver in the truck. Sheriff's deputies then arrived and
arrested the driver. Charmasson did not need medical treatment.
SHOULD ENHANCED MISDEMEANOR PENALTIES APPLY TO ASSAULTS AND
BATTERIES AGAINST SEARCH AND RESCUE TEAM MEMBERS?
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