BILL ANALYSIS Ó SB 406 Page 1 Date of Hearing: July 6, 2011 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair SB 406 (Liu) - As Amended: June 1, 2011 Policy Committee: Public SafetyVote: 7-0 Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill adds security officers and custody assistants, as defined, to the list of public safety officers that triggers a greater penalty when they are the victim of simple 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 battery on a security officer or and custody assistant engaged in the performance of his or her duties, when the offender should know that the victim is a security officer or and custody assistant 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.) 2)Defines custody assistant as any person who assists peace officers in maintaining security in detention facilities, as specified, and is employed by a local law enforcement agency, or who performs those duties as a volunteer. 3)Defines security officer as any person who provides security at locations or facilities owned, operated, or administered by a local government, and who is employed by a local law enforcement agency. FISCAL EFFECT No state impact. Likely negligible non-reimbursable local costs for increased county incarceration, potentially offset by a SB 406 Page 2 negligible increase in fine revenue. COMMENTS 1)Rationale. The author contends security officers and custody assistants merit the same status as various other safety officers, in terms of an enhanced misdemeanor penalty when they are battery victims. 2)Current law defines battery as a willful and unlawful use of force against another person. 3)Related Legislation . SB 390 (La Malfa), also before the committee today, provides a similar penalty increase for assault or battery against search and rescue personnel. Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081