BILL ANALYSIS Ó
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
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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
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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
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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