BILL ANALYSIS Ó
SB 390
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Date of Hearing: June 14, 2011
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 390 (La Malfa) - As Amended: May 24, 2011
SUMMARY : Increases the penalties for assault and battery
committed against a search and rescue member engaged in the
performance of his or her duties when the person committing the
offense knows or reasonably should know that the victim is a
search and rescue member engaged in the performance of his or
her duties. Specifically, this bill :
1)Provides that an assault is committed against a search and
rescue member engaged in the performance of his or her duties,
and the person committing the offense knows or reasonably
should know that the victim is a searched and rescue member
engaged in the performance of his or her duties the assault is
punishable by a fine not to exceed $2,000, by imprisonment in
a county jail up to one year, or by both that fine and
imprisonment.
2)States that when a battery is committed against the person of
a search and rescue member engaged in the performance of his
or her duties, and the person committing the offense knows or
reasonably should know that the victim is a search and engaged
in the performance of his or her duties the offense shall be
punished by a fine not exceeding $2,000, by imprisonment in a
county jail not exceeding one year, or by both that fine and
imprisonment.
3)Defines "search and rescue member" as any person who is a
member of an organized search and rescue team managed by a
governmental agency.
4)Includes language to avoid chaptering out conflicting
measures.
EXISTING LAW :
1)Defines "assault" as an unlawful attempt, coupled with a
SB 390
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present ability, to commit a violent injury on the person of
another. (Penal Code Section 240.)
2)Provides that assault is punishable by a fine not exceeding
$1,000, by imprisonment in the county jail not exceeding six
months, or by both the fine and imprisonment. ÝPenal Code
Section 241(a).]
3)Proscribes that when an assault is committed against the
person of a custodial officer, firefighter, emergency medical
technician (EMT), physician or nurse providing emergency care,
lifeguard, process server, traffic officer, code enforcement,
or animal control officer engaged in the performance of his or
her duties, and the person committing the offense knows or
reasonably should know that the victim is a custodial officer,
firefighter, EMT, physician or nurse providing emergency care,
lifeguard, process server, traffic officer, code enforcement
officer, or animal control officer, the assault is punishable
by a find not exceeding $2,000, by imprisonment in the county
jail not exceeding six months, or by both fine and
imprisonment. ÝPenal Code Section 241(c).]
4)Defines "battery" as any willful and unlawful use of force or
violence upon the person of another. (Penal Code Section
242.)
5)Makes battery punishable by a fine not exceeding $2,000, by
imprisonment in a county jail not exceeding six months, or by
both that fine and imprisonment. ÝPenal Code Section 243(a).]
6)Provides that when a battery is committed against the person
of a custodial officer; firefighter, EMT, physician or nurse
providing emergency care; lifeguard, process server; traffic
officer, or animal control officer engaged in the performance
of his or her duties, and the person committing the offense
knows or reasonably should know that the victim is a custodial
officer, firefighter, EMT, physician or nurse providing
emergency care, lifeguard, process server, traffic officer, or
animal control officer the battery is punishable by up to one
year in the county jail, by a fine of up to $2,000, or by
both a fine and imprisonment. If the victim suffers an injury
requiring medical care, the crime is an alternate felony
misdemeanor, punishable by up to one year in the county jail,
by a fine of up to $2,000, by both a fine and imprisonment, or
by 16 months, 2 or 3 years in state prison. ÝPenal Code
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Sections 243(b) and (c).]
7)Provides that a battery committed against any person and
serious bodily injury is inflicted on the person, the battery
is punishable by imprisonment in a county jail not exceeding
one year or imprisonment in the state prison for two, three,
or four years. ÝPenal Code Section 243(d).]
8)States battery upon a peace officer engaged in the performance
of his or her duties is punishable by imprisonment in a county
jail not to exceed one year or in the state prison for 16
months, 2 or 3 years, by a fine not to exceed $10,000, or by
both a fine and imprisonment. ÝPenal Code Section 243(c)
(2).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Authors Statement : According to the author, "Search and
rescue personnel are trained and organized by various
governmental agencies to participate in disaster response,
evacuation, 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
of search and rescue personnel by increasing the maximum
penalties for both assault and battery of search and rescue
team members. If passed, the maximum penalties would be equal
to the maximum penalties applied to assault and battery of
similar law enforcement personnel, including peace officers,
firefighters, and EMT's, among others."
2)Related Legislation : SB 406 (Liu) increases the penalty for a
battery committed against a security officer or a custody
assistant engaged in the performance of his or her duties. SB
406 will be heard by this Committee today.
3)Prior Legislation :
a) SB 409 (Lowenthal), Chapter 410, Statutes of 2009,
increased the penalties for assault and battery against the
person of a highway worker engaged in the performance of
his or her duty.
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b) AB 1686 (Leno), Chapter 243, Statutes of 2007, increased
the fine from $1,000 to $2,000 when an assault is committed
against a parking control officer in the performance of his
or her duty.
REGISTERED SUPPORT / OPPOSITION :
Support
California State Sheriffs' Association (Sponsor)
Alameda County Sheriff
Amador County Sheriff
Butte County Sheriff
California Peace Officers Association
California Police Chiefs Association
Fresno County Sheriff
Kern County Sheriff
Kings County Sheriff
Lassen County Sheriff
Los Angeles County Sheriff
Mono County Sheriff
Orange County Sheriff
Peace Officer Research Association of California
Placer County Sheriff
Sacramento County Sheriff
San Bernardino County Sheriff's Department
Santa Cruz County Sheriff
Shasta County Sheriff
Siskiyou County Sheriff
Stanislaus County Sheriff
Tuolumne County Sheriff
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744