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 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