BILL ANALYSIS Ó SB 390 Page 1 Date of Hearing: July 6, 2011 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair SB 390 (La Malfa) - As Amended: May 24, 2011 Policy Committee: Public SafetyVote: 6-0 Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill adds search and rescue members, as defined, to the list of public safety officers that triggers a greater penalty when they are the victim of assault or battery. (The list includes peace officers, firefighters, lifeguards, physicians or nurses providing emergency care, animal control, code enforcement, etc.) Specifically, this bill: 1)Provides that assault on a search and rescue member engaged in the performance of his or her duties, when the offender should know the victim is a search and rescue member engaged in the performance of his or her duties, is punishable by a fine of up to $2,000 and/or up to one year in county jail. (Unless otherwise specified, assault is punishable by a fine of up to $1,000 and/or six months in county jail.) 2)Provides that battery on a search and rescue member engaged in the performance of his or her duties, when the offender should know that the victim is a search and rescue member engaged in the performance of his or her duties, is punishable by a fine of up to $2,000 and/or up to one year in county jail. (Unless otherwise specified, battery is punishable by a fine of up to $2,000 and/or six months in county jail.) FISCAL EFFECT No state impact. Likely negligible non-reimbursable local costs for increased county incarceration, potentially offset by a negligible increase in fine revenue. COMMENTS SB 390 Page 2 1)Rationale. The author contends search and rescue personnel merit the same status as various other safety officers, in terms of an enhanced misdemeanor penalty when they are assault or battery victims. 2)Current law defines assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another, and defines battery as a willful and unlawful use of force against another person. 3)Related Legislation . SB 406 (Liu), also before the committee today, provides a similar penalty increase for battery against a security officer or a custody assistant. Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081