BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 390
                                                                  Page  1

          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.  İPenal 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.  İPenal 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.  İPenal 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.  İPenal Code 








                                                                  SB 390
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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.  İPenal 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.  İPenal 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