BILL ANALYSIS Ó
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair S
2011-2012 Regular Session B
4
0
SB 406 (Liu) 6
As Amended April 14, 2011
Hearing date: April 26, 2011
Penal Code
JM:dl
BATTERY ON A CUSTODY ASSISTANT
OR SECURITY OFFICER
HISTORY
Source: Los Angeles County Professional Peace Officers'
Association
Prior Legislation: SB 1509 (Lowenthal) - Ch. 410, Stats. 2008
SB 1686 (Leno) - Ch. 243, Stats. 2007
SB 919 (Ortiz) - Ch. 274, Stats. 2003
Support: California Police Chiefs Association; Los Angeles
County Sheriff; East Bay Municipal Utility district
(support if amended)
Opposition:None known
KEY ISSUE
SHOULD CUSTODY ASSISTANTS AND SECURITY OFFICERS, AS DEFINED, BE
INCLUDED IN A SPECIAL MISDEMEANOR BATTERY SECTION, UNDER WHICH A
DEFENDANT WHO COMMITS SIMPLE BATTERY AGAINST A PERSON INCLUDED IN A
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CLASS OF VICTIMS, SUCH AS PEACE OFFICERS, FIREFIGHTERS, EMERGENCY
MEDICAL TECHNICANS AND OTHERS, IS SUBJECT TO A MAXIMUM JAIL TERM OF
ONE YEAR AND A MAXIMUM FINE OF $2000?
PURPOSE
The purpose of this bill is to include custody assistants and
security officers, as defined, in a special misdemeanor battery
section under which defendants who commit a simple battery
against specified public officials and private professionals are
punished by a jail term of up to one year and an enhanced fine
of up to $2,000.
Existing law defines a battery as "any willful and unlawful use
of force or violence upon the person of another." (Pen. Code §
242.)
Existing law provides that simple battery (battery not causing
injury requiring medical attention) is a misdemeanor punishable
by a county jail term of up to 6 months, a fine of up to $1000,
or both. (Pen. Code § 242.)
Existing law provides that battery producing "serious bodily
injury," as defined, is an alternate felony-misdemeanor,
punishable by imprisonment in the county jail for up to one
year, a fine of up to $1000 or both, or by imprisonment in state
prison for 2, 3 or 4 years and a fine of up to $10,000. (Pen.
Code § 243, subd. (d).)
Existing law defines serious bodily injury as a serious
impairment of physical condition, including, but not limited to
loss of consciousness; concussion; bone fracture; protracted
loss or impairment of function of any bodily member or organ; a
wound requiring extensive suturing; and serious disfigurement.
(Pen. Code § 243, subd. (f)(4).)
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Existing law provides that where the victim of a simple battery
is a custodial officer, traffic officer, firefighter, EMT,
physician or nurse providing emergency care, lifeguard, process
server, traffic officer, code enforcement officer, or animal
control officer engaged in the performance of his or her duties,
the crime is a misdemeanor, punishable by a county jail term of
up to one year, a fine of up to $2000, or both. The fact that
the defendant knew, or should have known, the status of the
victim is an element of this crime. (Pen. Code § 243, subd.
(b).)
Existing law provides that where the victim of a battery is a
custodial officer, traffic officer, firefighter, EMT, physician
or nurse providing emergency care, lifeguard, process server,
traffic officer, code enforcement officer, or animal control
officer engaged in the performance of his or her duties, and an
injury is inflicted on the victim, the crime is an alternate
felony-misdemeanor, punishable by a county jail term of up to
one year, a fine of up to $2000, or both, or by a prison term
of 16 months, 2 years or 3 years and a fine of up to $10,000.
The fact that the defendant knew, or should have known, the
status of the victim is an element of this crime. (Pen. Code §
243, subd. (c).)
Existing law provides that when a battery is committed against
an operator of or passenger on a bus, taxicab, streetcar, cable
car, trackless trolley, or other motor vehicle, as specified, or
against a schoolbus driver, or against a station agent or ticket
agent for the entity providing the transportation, and the
person who commits the offense knows or reasonably should know
the status of the victim, the offense shall be punished by a
fine not exceeding ($10,000), or by imprisonment in a county
jail not exceeding one year, or by both that fine and
imprisonment. Where the victim suffers an injury, the offense
is an alternate felony-misdemeanor, punishable by a fine of up
to $10,000, a prison term of 16 months, 2 years or 3 years, or
by a jail term of up to one year. (Pen. Code § 243.3.)
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Existing law defines the powers and duties of a sheriff's or
police security officer as follows:
The primary duty of a security officer is security of
locations or facilities as directed by the sheriff or chief
of police.
A security officer is a public officer, employed by the
sheriff or police chief.
A security office is not a peace officer or public
safety officer.
A security officer must complete peace officer training,
as described in Penal Code section 832.
A security officer may possess a firearm and other
safety equipment or weapons authorized by the sheriff or
police chief while performing duties.
A security officer may not exercise peace officer powers
of arrest.
A security officer may issue citations for infractions
if so authorized by the sheriff of police chief.
A security officer may only exercise his or her
authority while on duty. (Pen. Code §831.4.)
Existing law defines the powers and duties of a custody
assistant as follows:
A custody assistant is an employee of the sheriff's
department who assists peace officer personnel in
maintaining order and security in a jail, court detention,
or station jail facility.
A custody assistant in not a peace officer.
A custody assistant may not carry or possess firearms
while performing duties.
A custody assistant shall complete a training course
specified by the sheriff.
A custody assistant shall meet the selection and
training standards of the Corrections Standards Authority
as provided by Penal Code Section 6035.
A custody assistant may use reasonable force in
maintaining custody of persons.
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A custody assistant is authorized to assist in
supervising inmates at daily activities, such as meals,
bathing, recreation, rehabilitation and operational
activities.
A custody assistant may assist in processing inmates for
court appearances and other purposes.
A custody assistant may fingerprint or photograph
inmates, interview inmates for housing classification and
may secure inmates' property. (Pen. Code § 831.7.)
This bil l provides that assault or "simple" battery on a custody
assistant or security officer is punishable by a jail term of up
to one year and a fine of up to $2,000.
This bill defines a security officer as any person who has the
duties and responsibilities described in Penal Code Section
831.4 (which defines the status of a security officer) and who
is employed by a law enforcement agency of any city, county or
city and county.
This bill defines a custody assistant as any person who has the
responsibilities and duties described in Penal Code Section
831.7 (which defines custody assistants) and who is employed by
a law enforcement agency of city, county, or city and county.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the last several years, severe overcrowding in California's
prisons has been the focus of evolving and expensive litigation.
As these cases have progressed, prison conditions have
continued to be assailed, and the scrutiny of the federal courts
over California's prisons has intensified.
On June 30, 2005, in a class action lawsuit filed four years
earlier, the United States District Court for the Northern
District of California established a Receivership to take
control of the delivery of medical services to all California
state prisoners confined by the California Department of
Corrections and Rehabilitation ("CDCR"). In December of 2006,
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plaintiffs in two federal lawsuits against CDCR sought a
court-ordered limit on the prison population pursuant to the
federal Prison Litigation Reform Act. On January 12, 2010, a
three-judge federal panel issued an order requiring California
to reduce its inmate population to 137.5 percent of design
capacity -- a reduction at that time of roughly 40,000 inmates
-- within two years. The court stayed implementation of its
ruling pending the state's appeal to the U.S. Supreme Court.
On Monday, June 14, 2010, the U.S. Supreme Court agreed to hear
the state's appeal of this order and, on Tuesday, November 30,
2010, the Court heard oral arguments. A decision is expected as
early as this spring.
In response to the unresolved prison capacity crisis, in early
2007 the Senate Committee on Public Safety began holding
legislative proposals which could further exacerbate prison
overcrowding through new or expanded felony prosecutions.
This bill does not appear to aggravate the prison overcrowding
crisis described above.
COMMENTS
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1. Need for This Bill
According to the author:
This legislation will deter assaults and batteries
against custody assistants and security officers. In
particular, prosecutors may seek stronger enhanced
misdemeanor penalties if an assistant or security
officer is assaulted or struck.
The Los Angeles County Professional Peace Officers
Association requested this legislation. In Los Angeles
County, security officers are required to carry
firearms and perform a range of duties. For example,
they operate metal detectors at court houses and
patrol some community college campuses. The officers
search individuals for weapons or contraband, and they
can detain someone for further investigation or arrest
if necessary. Custody assistants perform related
roles. These duties put the officers in positions
where they might be attacked.
The Legislature in past years has added several other
categories of public safety personnel to the
applicable Penal Code sections to recognize the risks
faced by these employees and to increase punishment
against offenders. The law currently covers
firefighters, emergency medical technicians,
lifeguards, process servers, traffic officers, code
enforcement officers, animal control officers, and
probation department employees. This bill defines
security officers and custody assistants and adds them
to the misdemeanor provisions of the applicable code
sections.
2.Policy Issues Presented by This Bill - Batteries on Public
Safety Personnel and Others Performing Public Services
This bill addresses batteries that do not involve infliction of
serious injury or the likelihood of great bodily injury. Such a
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battery would typically be termed a "simple" battery. The
section amended by this bill provides higher penalties for
simple batteries against persons who are engaged in public
safety activities or performing some other public function. It
appears that the policy underlying such a law is that penalties
should be higher where the defendant's assaultive conduct
interfered with public safety services, emergency medical care
or some other public purpose or service.
IS THIS BILL BASED ON THE PREMISE THAT ASSAULTIVE CONDUCT THAT
INTERFERES WITH OR HARMS PERSONS ENGAGED IN PERFORMING A PUBLIC
SAFETY FUNCTION OR OTHER PUBLIC PURPOSE SHOULD BE PUNISHED MORE
SEVERELY THAN SIMILAR ASSAULTIVE CONDUCT AGAINST OTHERS?
3.Related Bill - SB 390 - (La Malfa): Assaults and Batteries
Against Search and Rescue Team Members
On March 29, 2011, this Committee passed SB 390 (La Malfa) by a
vote of 6-0. SB 390 authorizes higher misdemeanor penalties
where the victim of a simple assault or simple battery is a
member of a search and rescue team. SB 390 amends the same
section and subdivision amended by this bill. SB 390 is set for
hearing in Senate Appropriations on May 2, 2011.
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