BILL NUMBER: AB 707	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 9, 2013

INTRODUCED BY   Assembly Member Ting

                        FEBRUARY 21, 2013

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 707, as amended, Ting.  Battery.   Vehicle
  s.  
   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.  
   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.
 
   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   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 22352 of the   Vehicle
Code   is amended to read: 
   22352.   (a)    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: 
   (1) 
    (   a)  Fifteen miles per hour: 
   (A) 
    (   1)  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. 
   (B) 
    (   2)  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.

   (C) 
    (   3)  On any alley. 
   (2) 
    (   b)  Twenty-five miles per hour: 
   (A) 
    (   1)  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. 
   (B) 
    (   2)  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. 
   (C) 
    (   3)  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  donations from private
sources covering those costs are received and  the local
agency makes a determination that the proposed signing should be
implemented. A local authority  may, however,  
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  utilize any other funds available
to it to pay for the erection of those signs. 
   (b) This section shall become operative on March 1, 2001.
 
  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.