BILL ANALYSIS                                                                                                                                                                                                    



                                                                  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