Amended in Assembly April 9, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 707


Introduced by Assembly Member Ting

February 21, 2013


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

LEGISLATIVE COUNSEL’S DIGEST

AB 707, as amended, Ting. begin deleteBattery. end deletebegin insertVehicleend insertbegin inserts.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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begin insert

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.

end delete
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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.

end delete
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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 deleteyes end deletebegin insertnoend insert.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 22352 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
2read:end insert

3

22352.  

begin delete(a)end deletebegin deleteend deleteThe prima facie limits are as follows and shall be
4applicable unless changed as authorized in this code and, if so
5changed, only when signs have been erected giving notice thereof:

begin delete

6(1)

end delete

7begin insert(end insertbegin inserta)end insert Fifteen miles per hour:

begin delete

8(A)

end delete

9begin insert(end insertbegin insert1)end insert When traversing a railway grade crossing, if during the last
10100 feet of the approach to the crossing the driver does not have
11a clear and unobstructed view of the crossing and of any traffic on
12the railway for a distance of 400 feet in both directions along the
13railway. This subdivision does not apply in the case of any railway
14grade crossing where a human flagman is on duty or a clearly
15visible electrical or mechanical railway crossing signal device is
16installed but does not then indicate the immediate approach of a
17 railway train or car.

begin delete

18(B)

end delete

P3    1begin insert(end insertbegin insert2)end insert When traversing any intersection of highways if during the
2last 100 feet of the driver’s approach to the intersection the driver
3does not have a clear and unobstructed view of the intersection
4and of any traffic upon all of the highways entering the intersection
5for a distance of 100 feet along all those highways, except at an
6intersection protected by stop signs or yield right-of-way signs or
7controlled by official traffic control signals.

begin delete

8(C)

end delete

9begin insert(end insertbegin insert3)end insert On any alley.

begin delete

10(2)

end delete

11begin insert(end insertbegin insertb)end insert Twenty-five miles per hour:

begin delete

12(A)

end delete

13begin insert(end insertbegin insert1)end insert On any highway other than a state highway, in any business
14or residence district unless a different speed is determined by local
15authority under procedures set forth in this code.

begin delete

16(B)

end delete

17begin insert(end insertbegin insert2)end insert When approaching or passing a school building or the
18grounds thereof, contiguous to a highway and posted with a
19standard “SCHOOL” warning sign, while children are going to or
20leaving the school either during school hours or during the noon
21recess period. The prima facie limit shall also apply when
22approaching or passing any school grounds which are not separated
23from the highway by a fence, gate, or other physical barrier while
24the grounds are in use by children and the highway is posted with
25a standard “SCHOOL” warning sign. For purposes of this
26subparagraph, standard “SCHOOL” warning signs may be placed
27at any distance up to 500 feet away from school grounds.

begin delete

28(C)

end delete

29begin insert(end insertbegin insert3)end insert When passing a senior center or other facility primarily used
30by senior citizens, contiguous to a street other than a state highway
31and posted with a standard “SENIOR” warning sign. A local
32authority is not required to erect any sign pursuant to this paragraph
33untilbegin delete donations from private sources covering those costs are
34received andend delete
the local agency makes a determination that the
35proposed signing should be implemented. A local authoritybegin delete may,
36however,end delete
begin insert may request grant funding from the Pedestrian Safety
37Account pursuant to Section 894.7 of the Streets and Highways
38Code to cover the cost of erecting the signs or mayend insert
utilize any
39other funds available to it to pay for the erection of those signs.

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40(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:

2

243.3.  

(a) When a battery is committed against the person of
3an operator, driver, or passenger on a bus, taxicab, streetcar, cable
4car, trackless trolley, or other motor vehicle, including a vehicle
5operated on stationary rails or on a track or rail suspended in the
6air, used for the transportation of persons for hire; against a
7schoolbus driver; against the person of a station agent or ticket
8agent for the entity providing the transportation; against the person
9of an individual authorized to issue citations for fare evasion or
10passenger conduct violations for a public transportation provider;
11or against the person of a parking control officer; and the person
12who commits the offense knows or reasonably should know that
13the victim, in the case of an operator, driver, agent, individual
14authorized to issue citations for fare evasion or passenger conduct
15violations, or parking control officer, is engaged in the performance
16of his or her duties, or is a passenger the offense shall be punished
17by a fine not exceeding ten thousand dollars ($10,000), or by
18imprisonment in a county jail not exceeding one year, or by both
19that fine and imprisonment. If an injury is inflicted on that victim,
20the offense shall be punished by a fine not exceeding ten thousand
21dollars ($10,000), or by imprisonment in a county jail not
22exceeding one year or in the state prison for 16 months, or two or
23three years, or by both that fine and imprisonment.

24(b) As used in this section, “public transportation provider”
25means a publicly or privately owned entity that operates, for the
26transportation of persons for hire, a bus, taxicab, streetcar, cable
27car, trackless trolley, or other motor vehicle, including a vehicle
28operated on stationary rails or on a track or rail suspended in air,
29or that operates a schoolbus.

30

SEC. 2.  

No reimbursement is required by this act pursuant to
31Section 6 of Article XIII B of the California Constitution because
32the only costs that may be incurred by a local agency or school
33district will be incurred because this act creates a new crime or
34infraction, eliminates a crime or infraction, or changes the penalty
35for a crime or infraction, within the meaning of Section 17556 of
36the Government Code, or changes the definition of a crime within
37the meaning of Section 6 of Article XIII B of the California
38Constitution.

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