BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 707
                                                                  Page 1

          Date of Hearing:   April 2, 2013
          Chief Counsel:      Gregory Pagan


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                  AB 707 (Ting) - As Introduced:  February 21, 2013
                       As Proposed to be Amended in Committee


           SUMMARY  :  Increase the penalties for a battery committed upon  
          the person of an individual authorized to issue citations for  
          fare evasion or passenger conduct violations for a public  
          transportation provider.  Specifically,  this bill  :

          1)Makes a battery committed upon the person of an individual  
            authorized to issue citations for fare evasion or passenger  
            conduct violations for a public transportation provider  
            engaged in the performance of his or her duties a misdemeanor  
            punishable by a fine not exceeding two thousand dollars  
            ($2,000), or by imprisonment in a county jail not exceeding  
            one year, or by both that fine and imprisonment.

          2)Makes a battery where injury is inflicted upon the person of  
            an individual authorized to issue citations for fare evasion  
            or passenger conduct violations for a public transportation  
            provider engaged in the performance of his or her duties a  
            misdemeanor punishable by a fine not exceeding two thousand  
            dollars ($2,000), by imprisonment in a county jail not  
            exceeding one year, or by both a fine and imprisonment , or a  
            felony punishable by imprisonment in a county jail for 16  
            months, two, or three years.  

           EXISTING LAW  :

          1)Defines "assault" as an unlawful attempt, coupled with a  
            present ability, to commit a violent injury on the person of  
            another.  (Penal Code Section 240.)

          2)Provides that assault is punishable by a fine not exceeding  
            $1,000, by imprisonment in the county jail not exceeding six  
            months, or by both the fine and imprisonment.  [Penal Code  
            Section 241(a).]









                                                                  AB 707
                                                                  Page 2

          3)Proscribes that when an assault is committed against the  
            person of a custodial officer, firefighter, emergency medical  
            technician (EMT), physician or nurse providing emergency care,  
            lifeguard, process server, traffic officer, code enforcement,  
            or animal control officer engaged in the performance of his or  
            her duties, and the person committing the offense knows or  
            reasonably should know that the victim is a custodial officer,  
            firefighter, EMT, physician or nurse providing emergency care,  
            lifeguard, process server, traffic officer, code enforcement  
            officer, or animal control officer, the assault is punishable  
            by a find not exceeding $2,000, by imprisonment in the county  
            jail not exceeding six months, or by both fine and  
            imprisonment.  [Penal Code Section 241(c).]

          4)Defines "battery" as any willful and unlawful use of force or  
            violence upon the person of another.  (Penal Code Section  
            242.)

          5)Makes battery punishable by a fine not exceeding $2,000, by  
            imprisonment in a county jail not exceeding six months, or by  
            both that fine and imprisonment.  [Penal Code Section 243(a).]

          6)Provides that when a battery is committed against the person  
            of a custodial officer; firefighter, EMT, physician or nurse  
            providing emergency care; lifeguard, process server; traffic  
            officer, or animal control officer engaged in the performance  
            of his or her duties, and the person committing the offense  
            knows or reasonably should know that the victim is a custodial  
            officer, firefighter, EMT, physician or nurse providing  
            emergency care, lifeguard, process server, traffic officer, or  
            animal control officer the battery is punishable by up to one  
            year in the county jail, by a fine of up to $2,000,  or by  
            both a fine and imprisonment.  If the victim suffers an injury  
            requiring medical care, the crime is an alternate felony  
            misdemeanor, punishable by up to one year in the county jail,  
            by a fine of up to $2,000, by both a fine and imprisonment, or  
            by 16 months, 2 or 3 years in state prison.  [Penal Code  
            Sections 243(b) and (c).]

          7)Provides that a battery committed against any person and  
            serious bodily injury is inflicted on the person, the battery  
            is punishable by imprisonment in a county jail not exceeding  
            one year or imprisonment in the state prison for two, three,  
            or four years.  [Penal Code Section 243(d).]









                                                                  AB 707
                                                                  Page 3

          8)States battery upon a peace officer engaged in the performance  
            of his or her duties is punishable by imprisonment in a county  
            jail not to exceed one year or in the state prison for 16  
            months, 2 or 3 years, by a fine not to exceed $10,000, or by  
            both a fine and imprisonment.  [Penal Code Section 243(c)  
            (2).]

          9)Provides that battery committed upon a custodial officer where  
            it should reasonably be known that such victim is a custodial  
            officer in the performance of his or her duties is punishable  
            by imprisonment in the state prison for 16 months, 2 or 3  
            years.  (Penal Code Section 243.1.)

           FISCAL EFFECT  :  Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "Those who use  
            public transit deserve to do so with a trust that the transit  
            system maintains a safe environment for its ridership and  
            employees.  The fare enforcement officers to be protected by  
            this bill are often put in dangerous situations due to the  
            nature of their duties.  In addition, parking enforcement  
            officers are often the target of driver frustration simply by  
            fulfilling the requirements of the job.  The large number of  
            attacks upon these civil servants is a threat to overall  
            public safety, and physical violence against these individuals  
            should be taken seriously as a threat to residents of all ages  
            and physical capabilities.  AB 707 aims to enhance penalties  
            against assault and battery toward these civil employees in a  
            move to prevent further instances of unnecessary violence."

           2)Prior Legislation  :

             a)   SB 390 (La Malfa), Chapter 249, Statutes of 2011, makes  
               battery committed against the person of a search and rescue  
               team member a misdemeanor punishable by imprisonment in a  
               county jail not exceeding one, by a fine not exceeding one  
               year, or by both a fine and imprisonment.

             b)   SB 406 (Lieu), Chapter 250, Statutes of 2011, makes  
               battery committed against the person of a security officer  
               or custody assistant a misdemeanor punishable by  
               imprisonment in a county jail not exceeding one, by a fine  
               not exceeding one year, or by both a fine and imprisonment.








                                                                  AB 707
                                                                  Page 4


             c)   AB 561 (Carter), Chapter 116, Statutes of 2009, revised  
               the definition of "highway worker" to include a contractor  
               or employee of a contractor while under contract with the  
               California Department of Transportation; an employee of a  
               city, or county, or city and county who performs  
               maintenance, repair, or construction of highways; or local  
               streets and road infrastructure for the purpose of enhanced  
               penalties for assault or battery upon a "highway worker."

             d)   AB 1686 (Leno), Chapter 243, Statutes of 2007, provided  
               that an assault or battery upon a parking control is  
               punishable by up to one year in the county jail; a fine of  
               up to $2,000; or both, and  battery with injury upon a  
               parking control officer is punishable by a fine not  
               exceeding $2,000; by imprisonment in a county jail not  
               exceeding one year; by both that fine and imprisonment; or  
               by imprisonment in the state prison for 16 months, 2 or 3  
               years. 
              
           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Police Chiefs Association
          California Transit Association

           Opposition

           None


           Analysis Prepared by  :    Gregory Pagan / PUB. S. / (916)  
          319-3744