Amended in Assembly April 9, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 707

Introduced by Assembly Member Ting

February 21, 2013

An act to amend Section begin delete 243.3 of the Penal Code, relating to battery. end delete begin insert 22352 of the Vehicle Code, relating to vehicles. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 707, as amended, Ting. begin delete Battery. end delete begin insert Vehicle end insert begin insert s. end insert

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Existing law provides that the prima facie speed limit is 25 miles per hour when passing a senior center or other facility primarily used by senior citizens that is next to a street other than a state highway and posted with a standard “SENIOR” warning sign. Existing law provides that a local authority is not required to erect the standard “SENIOR” warning sign until it receives donations from a private source to cover the costs of erecting the signage and the local authority determines that the proposed signing should be implemented. Existing law provides, however, that a local authority may pay for the cost of erecting the signs with any other funds available to it.

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This bill would instead provide that a local authority is required to erect a standard “SENIOR” warning sign when it determines that the proposed signing should be implemented. The bill would also authorize a local authority to request grant funding to pay for the erection of those warning signs from the Pedestrian Safety Account.

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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.

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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.

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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.

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

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 22352 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

22352.  

begin delete (a) end delete begin delete   end delete The prima facie limits are as follows and shall be
applicable unless changed as authorized in this code and, if so
changed, only when signs have been erected giving notice thereof:

begin delete

(1)

end delete

begin insert ( end insert begin insert a) end insert  Fifteen miles per hour:

begin delete

(A)

end delete

begin insert ( end insert begin insert 1) end insert  When traversing a railway grade crossing, if during the last
100 feet of the approach to the crossing the driver does not have
a clear and unobstructed view of the crossing and of any traffic on
the railway for a distance of 400 feet in both directions along the
railway. This subdivision does not apply in the case of any railway
grade crossing where a human flagman is on duty or a clearly
visible electrical or mechanical railway crossing signal device is
installed but does not then indicate the immediate approach of a
railway train or car.

begin delete

(B)

end delete

begin insert ( end insert begin insert 2) end insert  When traversing any intersection of highways if during the
last 100 feet of the driver’s approach to the intersection the driver
does not have a clear and unobstructed view of the intersection
and of any traffic upon all of the highways entering the intersection
for a distance of 100 feet along all those highways, except at an
intersection protected by stop signs or yield right-of-way signs or
controlled by official traffic control signals.

begin delete

(C)

end delete

begin insert ( end insert begin insert 3) end insert  On any alley.

begin delete

(2)

end delete

begin insert ( end insert begin insert b) end insert  Twenty-five miles per hour:

begin delete

(A)

end delete

begin insert ( end insert begin insert 1) end insert  On any highway other than a state highway, in any business
or residence district unless a different speed is determined by local
authority under procedures set forth in this code.

begin delete

(B)

end delete

begin insert ( end insert begin insert 2) end insert  When approaching or passing a school building or the
grounds thereof, contiguous to a highway and posted with a
standard “SCHOOL” warning sign, while children are going to or
leaving the school either during school hours or during the noon
recess period. The prima facie limit shall also apply when
approaching or passing any school grounds which are not separated
from the highway by a fence, gate, or other physical barrier while
the grounds are in use by children and the highway is posted with
a standard “SCHOOL” warning sign. For purposes of this
subparagraph, standard “SCHOOL” warning signs may be placed
at any distance up to 500 feet away from school grounds.

begin delete

(C)

end delete

begin insert ( end insert begin insert 3) end insert  When passing a senior center or other facility primarily used
by senior citizens, contiguous to a street other than a state highway
and posted with a standard “SENIOR” warning sign. A local
authority is not required to erect any sign pursuant to this paragraph
until begin delete donations from private sources covering those costs are
received and end delete the local agency makes a determination that the
proposed signing should be implemented. A local authority begin delete may,
however, end delete begin insert may request grant funding from the Pedestrian Safety
Account pursuant to Section 894.7 of the Streets and Highways
Code to cover the cost of erecting the signs or may end insert utilize any
other funds available to it to pay for the erection of those signs.

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(b) This section shall become operative on March 1, 2001.

end delete

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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; against a
schoolbus driver; against the person of a station agent or ticket
agent for the entity providing the 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, 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.

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