BILL NUMBER: AB 707	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 243.3 of the Penal Code is amended to read:
   243.3.   (a)    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, including a vehicle operated on stationary rails or on a
track or rail suspended in the air, used for the transportation of
persons for  hire, or   hire;  against a
schoolbus  driver, or   driver;  against
the person of a station agent or ticket agent for the entity
providing the  transportation,   transportation;
against the person of an individual authorized to issue citations
for fare evasion or passenger conduct violations for a public
transportation provider; or against the person of a parking control
officer;  and the person who commits the offense knows or
reasonably should know that the victim, in the case of an operator,
driver,  or  agent,  individual authorized to
issue citations for fare evasion or passenger conduct violations, or
parking control officer,  is engaged in the performance of his
or her duties, or is a passenger the offense shall be punished by a
fine not exceeding ten thousand dollars ($10,000), or by imprisonment
in a county jail not exceeding one year, or by both that fine and
imprisonment. If an injury is inflicted on that victim, the offense
shall be punished by a fine not exceeding ten thousand dollars
($10,000), or by imprisonment in a county jail not exceeding one year
or in the state prison for 16 months, or two or three years, or by
both that fine and imprisonment.
    (b)     As used in this section, "public
transportation provider" means a publicly or privately owned entity
that operates, for the transportation of persons for hire, a bus,
taxicab, streetcar, cable car, trackless trolley, or other motor
vehicle, including a vehicle operated on stationary rails or on a
track or rail suspended in air, or that operates a schoolbus. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.