California Legislature—2013–14 Regular Session

Assembly BillNo. 707


Introduced by Assembly Member Ting

February 21, 2013


An act to amend Section 243.3 of the Penal Code, relating to battery.

LEGISLATIVE COUNSEL’S DIGEST

AB 707, as introduced, Ting. Battery.

Existing law provides that when a battery is committed against the person of an operator, driver, or passenger on a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle, as specified, the penalty is imprisonment in a county jail not exceeding one year, or a fine not exceeding $10,000, or both the fine and imprisonment. Existing law also provides that if the victim is injured, the offense would be punished by a fine not exceeding $10,000, or by imprisonment in a county jail not exceeding one year or in the state prison for 16 months, or 2 or 3 years, or by both that fine and imprisonment.

This bill would provide that a battery committed against the person of an individual authorized to issue citations for fare evasion or passenger conduct violations for a public transportation provider, as defined, or against the person of a parking control officer would be punishable by the penalties described above. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 243.3 of the Penal Code is amended to
2read:

3

243.3.  

begin insert(a)end insertbegin insertend insert When a battery is committed against the person of
4an operator, driver, or passenger on a bus, taxicab, streetcar, cable
5car, trackless trolley, or other motor vehicle, including a vehicle
6operated on stationary rails or on a track or rail suspended in the
7air, used for the transportation of persons forbegin delete hire, orend deletebegin insert hire;end insert against
8a schoolbusbegin delete driver, orend deletebegin insert driver;end insert against the person of a station agent
9or ticket agent for the entity providing thebegin delete transportation,end delete
10begin insert transportation; against the person of an individual authorized to
11issue citations for fare evasion or passenger conduct violations
12for a public transportation provider; or against the person of a
13parking control officer;end insert
and the person who commits the offense
14knows or reasonably should know that the victim, in the case of
15an operator, driver,begin delete orend delete agent,begin insert individual authorized to issue citations
16for fare evasion or passenger conduct violations, or parking control
17officer,end insert
is engaged in the performance of his or her duties, or is a
18passenger the offense shall be punished by a fine not exceeding
19ten thousand dollars ($10,000), or by imprisonment in a county
20jail not exceeding one year, or by both that fine and imprisonment.
21If an injury is inflicted on that victim, the offense shall be punished
22by a fine not exceeding ten thousand dollars ($10,000), or by
23imprisonment in a county jail not exceeding one year or in the
24state prison for 16 months, or two or three years, or by both that
25fine and imprisonment.

26begin insert(b)end insertbegin insertend insertbegin insertAs used in this section, “public transportation provider”
27means a publicly or privately owned entity that operates, for the
28transportation of persons for hire, a bus, taxicab, streetcar, cable
29car, trackless trolley, or other motor vehicle, including a vehicle
30operated on stationary rails or on a track or rail suspended in air,
31or that operates a schoolbus.end insert

32

SEC. 2.  

No reimbursement is required by this act pursuant to
33Section 6 of Article XIII B of the California Constitution because
34the only costs that may be incurred by a local agency or school
35district will be incurred because this act creates a new crime or
P3    1infraction, eliminates a crime or infraction, or changes the penalty
2for a crime or infraction, within the meaning of Section 17556 of
3the Government Code, or changes the definition of a crime within
4the meaning of Section 6 of Article XIII B of the California
5Constitution.



O

    99