BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 390|
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THIRD READING
Bill No: SB 390
Author: La Malfa (R)
Amended: 4/7/11
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 3/29/11
AYES: Hancock, Anderson, Harman, Liu, Price, Steinberg
NO VOTE RECORDED: Calderon
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Crimes: assault and battery: search and
rescue teams
SOURCE : California State Sheriffs Association
DIGEST : This bill, includes 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.
ANALYSIS : Existing law establishes the crime of assault
against specified public safety officers, such as peace
officers, firefighters, and emergency medical technicians,
among others, while engaged in the performance of their
duties, as specified. The offense is punishable by a fine
not exceeding $2,000, or by imprisonment in a county jail
not exceeding one year, or by both the fine and
imprisonment.
CONTINUED
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This bill expands the scope of the offense to include
search and rescue members, as defined, while engaged in the
performance of their duties, as specified.
Existing law establishes the crime of battery against
specified public safety officers, such as peace officers,
firefighters, and emergency medical technicians, among
others, while engaged in the performance of their duties,
as specified. The offense is punishable, except when the
victim sustains an injury, by a fine not exceeding $2,000,
or by imprisonment in a county jail not exceeding one year,
or by both the fine and imprisonment, or if the victim
sustains an injury, the offense is punishable by a fine of
not more than $2,000, by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment,
or by imprisonment in the state prison for 16 months, or 2
or 3 years.
This bill expands the scope of the battery offense and the
battery offense where described above where the victim
sustains does not sustain an injury, to include a search
and rescue member, as defined, while engaged in the
performance of his/her duty, as specified.
Background
Example of Assault on a Search and Rescue Team Member . The
author's office has provided the Senate Public Safety
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.
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Prior Legislation
SB 1509 (Lowenthal), Chapter. 410, Statutes of 2008
SB 1686 (Leno), Chapter 243, Statutes of 2007
SB 919 (Ortiz), Chapter 274, Statutes of 2003
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/3/11)
California State Sheriffs' Association (source)
Alameda County Sheriff
California Police Chiefs Association
Fresno County Sheriff
Kern County Sheriff
Kings County Sheriff
Lassen County Sheriff
Shasta County Sheriff
ARGUMENTS IN SUPPORT : According to the author's office,
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. This bill
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 emergency medical technicians, among others.
RJG:do 5/3/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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