Amended in Senate March 24, 2014

Senate BillNo. 1154


Introduced by Senator Hancock

February 20, 2014


An act to amend Sections 646.91, 13700, and 18250 of the Penal Code,begin insert and to amend Sections 99171 and 99172 of the Public Utilities Code,end insert relating to peace officers.

LEGISLATIVE COUNSEL’S DIGEST

SB 1154, as amended, Hancock. Peace officers: San Francisco Bay Areabegin delete rapidend deletebegin insert Rapidend insert Transit District Police Department.

(1) Under existing law, a member of the San Francisco Bay Area Rapid Transit District Police Department is a peace officer if the primary duty of the peace officer is the enforcement of the law in or about the properties of the district.

Existing law requires every law enforcement agency in the state to develop, adopt, and implement written policies and standards for officers’ responses to domestic violence calls that encourage the arrest of domestic violence offenders if there is probable cause that an offense has been committed. Existing law defines “officer” for these purposes.

This bill would include a member of the San Francisco Bay Area Rapid Transit District Police Department in the definition of “officer” for the purposes of these provisions. By increasing the duties of a local agency, this bill would impose a state-mandated local program.

(2) Under existing law, a person who willfully, maliciously, and repeatedly follows or harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, is guilty of the crime of stalking. Existing law allows a judicial officer to issue an ex parte emergency protective order if a peace officer, as defined, asserts reasonable grounds to believe that a person is in immediate and present danger of stalking, as provided.

This bill would include a member of the San Francisco Bay Area Rapid Transit District Police Department in the definition of peace officer for the purposes of these provisions.

(3) Existing law requires certain specified peace officers to take temporary custody of any firearm or other deadly weapon discovered at the scene of a domestic violence incident involving a threat to human life or physical assault or if the peace officer is serving a protective order.

This bill would include a member of the San Francisco Bay Area Rapid Transit District Police Department among the peace officers to whom these provisions apply. By increasing the duties of local peace officers, this bill would impose a state-mandated local program.

begin insert

(4) Existing law authorizes the Sacramento Regional Transit District, the Fresno Area Express, and, until January 1, 2015, the San Francisco Bay Area Rapid Transit District, to issue a prohibition order to a person who has been cited on at least 3 separate occasions, within a period of 90 days, for specified infractions committed in or on a vehicle, bus stop, or train or light rail station of the transit district.

end insert
begin insert

This bill would authorize the San Francisco Bay Area Rapid Transit District to issue a prohibition order pursuant to the above provisions until January 1, 2018.

end insert
begin delete

(4)

end delete

begin insert(5)end insert 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P2    1

SECTION 1.  

Section 646.91 of the Penal Code is amended to
2read:

3

646.91.  

(a) Notwithstanding any other law, a judicial officer
4may issue an ex parte emergency protective order if a peace officer,
P3    1as defined in Section 830.1, 830.2, 830.32, or subdivision (a) of
2Section 830.33, asserts reasonable grounds to believe that a person
3is in immediate and present danger of stalking based upon the
4person’s allegation that he or she has been willfully, maliciously,
5and repeatedly followed or harassed by another person who has
6made a credible threat with the intent of placing the person who
7is the target of the threat in reasonable fear for his or her safety,
8or the safety of his or her immediate family, within the meaning
9of Section 646.9.

10(b) A peace officer who requests an emergency protective order
11shall reduce the order to writing and sign it.

12(c) An emergency protective order shall include all of the
13following:

14(1) A statement of the grounds asserted for the order.

15(2) The date and time the order expires.

16(3) The address of the superior court for the district or county
17in which the protected party resides.

18(4) The following statements, which shall be printed in English
19and Spanish:

20(A) “To the protected person: This order will last until the date
21and time noted above. If you wish to seek continuing protection,
22you will have to apply for an order from the court at the address
23noted above. You may seek the advice of an attorney as to any
24matter connected with your application for any future court orders.
25The attorney should be consulted promptly so that the attorney
26may assist you in making your application.”

27(B) “To the restrained person: This order will last until the date
28and time noted above. The protected party may, however, obtain
29a more permanent restraining order from the court. You may seek
30the advice of an attorney as to any matter connected with the
31application. The attorney should be consulted promptly so that the
32attorney may assist you in responding to the application. You may
33not own, possess, purchase, or receive, or attempt to purchase or
34receive, a firearm while this order is in effect.”

35(d) An emergency protective order may be issued under this
36section only if the judicial officer finds both of the following:

37(1) That reasonable grounds have been asserted to believe that
38an immediate and present danger of stalking, as defined in Section
39646.9, exists.

P4    1(2) That an emergency protective order is necessary to prevent
2the occurrence or reoccurrence of the stalking activity.

3(e) An emergency protective order may include either of the
4following specific orders as appropriate:

5(1) A harassment protective order as described in Section 527.6
6of the Code of Civil Procedure.

7(2) A workplace violence protective order as described in
8Section 527.8 of the Code of Civil Procedure.

9(f) An emergency protective order shall be issued without
10prejudice to any person.

11(g) An emergency protective order expires at the earlier of the
12following times:

13(1) The close of judicial business on the fifth court day following
14the day of its issuance.

15(2) The seventh calendar day following the day of its issuance.

16(h) A peace officer who requests an emergency protective order
17shall do all of the following:

18(1) Serve the order on the restrained person, if the restrained
19person can reasonably be located.

20(2) Give a copy of the order to the protected person, or, if the
21protected person is a minor child, to a parent or guardian of the
22protected child if the parent or guardian can reasonably be located,
23or to a person having temporary custody of the child.

24(3) File a copy of the order with the court as soon as practicable
25after issuance.

26(4) Have the order entered into the computer database system
27for protective and restraining orders maintained by the Department
28of Justice.

29(i) A peace officer shall use every reasonable means to enforce
30an emergency protective order.

31(j) A peace officer who acts in good faith to enforce an
32emergency protective order is not civilly or criminally liable.

33(k) A peace officer described in subdivision (a) or (b) of Section
34830.32 who requests an emergency protective order pursuant to
35this section shall also notify the sheriff or police chief of the city
36in whose jurisdiction the peace officer’s college or school is located
37after issuance of the order.

38(l) “Judicial officer,” as used in this section, means a judge,
39commissioner, or referee.

P5    1(m) A person subject to an emergency protective order under
2this section shall not own, possess, purchase, or receive a firearm
3while the order is in effect.

4(n) Nothing in this section shall be construed to permit a court
5to issue an emergency protective order prohibiting speech or other
6activities that are constitutionally protected or protected by the
7laws of this state or by the United States or activities occurring
8during a labor dispute, as defined by Section 527.3 of the Code of
9Civil Procedure, including, but not limited to, picketing and hand
10billing.

11(o) The Judicial Council shall develop forms, instructions, and
12rules for the scheduling of hearings and other procedures
13established pursuant to this section.

14(p) Any intentional disobedience of any emergency protective
15order granted under this section is punishable pursuant to Section
16166. Nothing in this subdivision shall be construed to prevent
17punishment under Section 646.9, in lieu of punishment under this
18section, if a violation of Section 646.9 is also pled and proven.

19

SEC. 2.  

Section 13700 of the Penal Code is amended to read:

20

13700.  

As used in this title:

21(a) “Abuse” means intentionally or recklessly causing or
22attempting to cause bodily injury, or placing another person in
23reasonable apprehension of imminent serious bodily injury to
24himself or herself, or another.

25(b) “Domestic violence” means abuse committed against an
26adult or a minor who is a spouse, former spouse, cohabitant, former
27cohabitant, or person with whom the suspect has had a child or is
28having or has had a dating or engagement relationship. For
29purposes of this subdivision, “cohabitant” means two unrelated
30adult persons living together for a substantial period of time,
31resulting in some permanency of relationship. Factors that may
32determine whether persons are cohabiting include, but are not
33limited to, (1) sexual relations between the parties while sharing
34the same living quarters, (2) sharing of income or expenses, (3)
35joint use or ownership of property, (4) whether the parties hold
36themselves out as husband and wife, (5) the continuity of the
37relationship, and (6) the length of the relationship.

38(c) “Officer” means any officer or employee of a local police
39department or sheriff’s office, and any peace officer of the
40Department of the California Highway Patrol, the Department of
P6    1Parks and Recreation, the University of California Police
2Department, or the California State University and College Police
3Departments, as defined in Section 830.2, a peace officer of the
4Department of General Services of the City of Los Angeles, as
5defined in subdivision (c) of Section 830.31, a housing authority
6patrol officer, as defined in subdivision (d) of Section 830.31, a
7peace officer as defined in subdivisions (a) and (b) of Section
8830.32, or a peace officer as defined in subdivision (a) of Section
9830.33.

10(d) “Victim” means a person who is a victim of domestic
11violence.

12

SEC. 3.  

Section 18250 of the Penal Code is amended to read:

13

18250.  

If any of the following persons is at the scene of a
14domestic violence incident involving a threat to human life or a
15physical assault, or is serving a protective order as defined in
16Section 6218 of the Family Code, that person shall take temporary
17custody of any firearm or other deadly weapon in plain sight or
18discovered pursuant to a consensual or other lawful search as
19necessary for the protection of the peace officer or other persons
20present:

21(a) A sheriff, undersheriff, deputy sheriff, marshal, deputy
22marshal, or police officer of a city, as defined in subdivision (a)
23of Section 830.1.

24(b) A peace officer of the Department of the California Highway
25Patrol, as defined in subdivision (a) of Section 830.2.

26(c) A member of the University of California Police Department,
27as defined in subdivision (b) of Section 830.2.

28(d) An officer listed in Section 830.6, while acting in the course
29and scope of the officer’s employment as a peace officer.

30(e) A member of a California State University Police
31Department, as defined in subdivision (c) of Section 830.2.

32(f) A peace officer of the Department of Parks and Recreation,
33as defined in subdivision (f) of Section 830.2.

34(g) A peace officer, as defined in subdivision (d) of Section
35830.31.

36(h) A peace officer, as defined in subdivisions (a) and (b) of
37Section 830.32.

38(i) A member of the San Francisco Bay Area Rapid Transit
39District Police Department, as defined in subdivision (a) of Section
40830.33.

P7    1(j) A peace officer, as defined in Section 830.5.

2begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 99171 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
3to read:end insert

4

99171.  

(a) (1) A transit district may issue a prohibition order
5to any person to whom either of the following applies:

6(A) On at least three separate occasions within a period of 90
7consecutive days, the person is cited for an infraction committed
8in or on a vehicle, bus stop, or train or light rail station of the transit
9district for any act that is a violation of paragraph (2) or (5) of
10subdivision (a) of Section 99170 of this code or paragraph (1), (2),
11(3), or (4) of subdivision (d) of Section 640 or Section 640.5 of
12the Penal Code.

13(B) The person is arrested or convicted for a misdemeanor or
14felony committed in or on a vehicle, bus stop, or light rail station
15of the transit district for acts involving violence, threats of violence,
16lewd or lascivious behavior, or possession for sale or sale of a
17controlled substance.

18(C) The person is convicted of a violation of Section 11532 of
19the Health and Safety Code or Section 653.22 of the Penal Code.

20(2) A person subject to a prohibition order may not enter the
21property, facilities, or vehicles of the transit district for a period
22of time deemed appropriate by the transit district, provided that
23the duration of a prohibition order shall not exceed the following,
24as applicable:

25(A) Thirty days if issued pursuant to subparagraph (A) of
26paragraph (1), provided that a second prohibition order within one
27year may not exceed 90 days, and a third or subsequent prohibition
28order within one year may not exceed 180 days.

29(B) Thirty days if issued pursuant to an arrest pursuant to
30subparagraph (B) of paragraph (1). Upon conviction of a
31misdemeanor offense, the duration of the prohibition order for the
32conviction, when added to the duration of the prohibition order
33for the initial arrest, if any, may not exceed 180 days. Upon
34conviction of a felony offense, the duration of the prohibition order
35for the conviction, when added to the duration of the prohibition
36order for the initial arrest, if any, may not exceed one year.

37(3) No prohibition order issued under this subdivision shall be
38effective unless the transit district first affords the person an
39opportunity to contest the transit district’s proposed action in
40accordance with procedures adopted by the transit district for this
P8    1purpose. A transit district’s procedures shall provide, at a minimum,
2for the notice and other protections set forth in subdivisions (b)
3and (c), and the transit district shall provide reasonable notification
4to the public of the availability of those procedures.

5(b) (1) A notice of a prohibition order issued under subdivision
6(a) shall set forth a description of the conduct underlying the
7violation or violations giving rise to the prohibition order, including
8reference to the applicable statutory provision, ordinance, or transit
9district rule violated, the date of the violation, the approximate
10time of the violation, the location where the violation occurred,
11the period of the proposed prohibition, and the scope of the
12prohibition. The notice shall include a clear and conspicuous
13statement indicating the procedure for contesting the prohibition
14order. The notice of prohibition order shall be personally served
15upon the violator. The notice of prohibition order, or a copy, shall
16be considered a record kept in the ordinary course of business of
17the transit district and shall be prima facie evidence of the facts
18contained in the notice establishing a rebuttable presumption
19affecting the burden of producing evidence. For purposes of this
20paragraph, “clear and conspicuous” means in larger type than the
21surrounding text, or in contrasting type, font, or color to the
22surrounding text of the same size, or set off from the surrounding
23text of the same size by symbols or other marks that call attention
24to the language.

25(2) For purposes of this section, “personal service” means any
26of the following:

27(A) In-person delivery.

28(B) Delivery by any form of mail providing for delivery
29confirmation, postage prepaid, to at least one address provided by
30the person being served, including, but not limited to, the address
31set forth in any citation or in court records.

32(C) Any alternate method approved in writing by the transit
33district and the person being served.

34(3) If a person served with a notice of prohibition order is not
35able, or refuses, to provide a mailing address, the notice of
36prohibition order shall set forth the procedure for obtaining any
37letters, notices, or orders related to the prohibition order from the
38administrative offices of the transit district. For purposes of this
39section, delivery shall be deemed to have been made on the
40following date, as applicable:

P9    1(A) On the date of delivery, if delivered in person.

2(B) On the date of confirmed delivery, for any delivery by mail.

3(C) For any alternate method of service, as provided in the
4 writing specifying the alternate method.

5(4) Proof of service of the notice shall be filed with the transit
6district.

7(5) If a person contests a notice of prohibition order, the transit
8district shall proceed in accordance with subdivision (c). If the
9notice of prohibition order is not contested within 10 calendar days
10after delivery by personal service, the prohibition order shall be
11deemed final and shall go into effect, without further action by the
12transit district, for the period of time set forth in the order.

13(6) All prohibition orders shall be subject to an automatic stay
14and shall not take effect until the latest of the following:

15(A) Eleven calendar days after delivery of the prohibition order
16by personal service.

17(B) If an initial review is timely requested under paragraph (1)
18of subdivision (c), 11 calendar days after delivery by personal
19service of the results of the review.

20(C) If an administrative hearing is timely requested under
21paragraph (3) of subdivision (c), the date the hearing officer’s
22decision is delivered by personal service.

23(c) (1) For a period of 10 calendar days from the delivery of
24the prohibition order by personal service, the person may request
25an initial review of the prohibition order by the transit district. The
26request may be made by telephone, in writing, or in person. There
27shall be no charge for this review. In conducting its review and
28reaching a determination, the transit district shall determine
29whether the prohibition order meets the requirements of subdivision
30(a) and, unless the person has been convicted of the offense or
31offenses, whether the offense or offenses for which the person was
32cited or arrested are proven by a preponderance of the evidence.
33If, following the initial review, based on these findings, the transit
34district determines that the prohibition order is not adequately
35supported or that extenuating circumstances make dismissal of the
36prohibition order appropriate in the interest of justice, the transit
37district shall cancel the notice. If, following the initial review,
38based on these findings, the transit district determines that the
39prohibition order should be upheld in whole or in part, the transit
40district shall issue a written statement to that effect, including any
P10   1modification to the period or scope of the prohibition order. The
2transit district shall serve the results of the initial review to the
3person contesting the notice by personal service.

4(2) The transit district may modify or cancel a prohibition order
5in the interest of justice. The transit district shall cancel a
6prohibition order if it determines that the person did not understand
7the nature and extent of his or her actions or did not have the ability
8to control his or her actions. If the person is dependent upon the
9transit system for trips of necessity, including, but not limited to,
10travel to or from medical or legal appointments, school or training
11classes, places of employment, or obtaining food, clothing, and
12necessary household items, the transit district shall modify a
13prohibition order to allow for those trips. A person requesting a
14cancellation or modification in the interest of justice shall have
15the burden of establishing the qualifying circumstances by a
16preponderance of the evidence.

17(3) If the person is dissatisfied with the results of the initial
18review, the person may request an administrative hearing of the
19prohibition order no later than 10 calendar days after the results
20of the initial review are delivered by personal service. The request
21may be made by telephone, in writing, or in person. An
22administrative hearing shall be held within 30 calendar days after
23the receipt of a request for an administrative hearing. The person
24requesting the hearing may request one continuance, not to exceed
25seven calendar days.

26(4) The administrative hearing process shall include all of the
27following:

28(A) The person requesting the hearing shall have the choice of
29a hearing by mail or in person. An in-person hearing shall be
30conducted within the jurisdiction of the transit district.

31(B) The administrative hearing shall be conducted in accordance
32with written procedures established by the transit district and
33approved by the governing body or chief executive officer of the
34 transit district. The hearing shall provide an independent, objective,
35fair, and impartial review of the prohibition order.

36(C) The administrative review shall be conducted before a
37hearing officer designated to conduct the review by the transit
38district’s governing body or chief executive officer. In addition to
39any other requirements, a hearing officer shall demonstrate the
40qualifications, training, and objectivity prescribed by the transit
P11   1agency’s governing body or chief executive officer as are necessary
2to fulfill and that are consistent with the duties and responsibilities
3set forth in this subdivision. The hearing officer’s continued
4service, performance evaluation, compensation, and benefits, as
5applicable, shall not be directly or indirectly linked to the number
6of prohibition orders upheld by the hearing officer.

7(D) The person who issued the notice of prohibition order shall
8not be required to participate in an administrative hearing, unless
9participation is requested by the person requesting the hearing.
10The request for participation must be made at least five calendar
11days prior to the date of the hearing and may be made by telephone,
12in writing, or in person. The notice of prohibition order, in proper
13form, shall be prima facie evidence of the violation or violations
14pursuant to subdivision (a) establishing a rebuttable presumption
15affecting the burden of producing evidence.

16(E) In issuing a decision, the hearing officer shall determine
17whether the prohibition order meets the requirements of subdivision
18(a) and, unless the person has been convicted of the offense or
19offenses, whether the offense or offenses for which the person was
20cited or arrested are proven by a preponderance of the evidence.
21Based upon these findings, the hearing officer may uphold the
22prohibition order in whole, determine that the prohibition order is
23not adequately supported, or cancel or modify the prohibition order
24in the interest of justice. The hearing officer shall cancel a
25prohibition order if he or she determines that the person did not
26understand the nature and extent of his or her actions or did not
27have the ability to control his or her actions. If the person is
28dependent upon the transit system for trips of necessity, including,
29but not limited to, travel to or from medical or legal appointments,
30school or training classes, places of employment, or obtaining
31food, clothing, and necessary household items, the transit district
32shall modify a prohibition order to allow for those trips. A person
33requesting a cancellation or modification in the interest of justice
34shall have the burden of establishing the qualifying circumstances
35by a preponderance of the evidence.

36(F) The hearing officer’s decision following the administrative
37hearing shall be delivered by personal service.

38(G) A person aggrieved by the final decision of the hearing
39officer may seek judicial review of the decision within 90 days of
P12   1the date of delivery of the decision by personal service, as provided
2by Section 1094.6 of the Code of Civil Procedure.

3(d) A person issued a prohibition order under subdivision (a)
4may, within 10 calendar days of the date the order goes into effect
5under paragraph (6) of subdivision (b), request a refund for any
6prepaid fare media rendered unusable in whole or in part by the
7prohibition order, including, but not limited to, monthly passes. If
8the fare media remain usable for one or more days outside the
9period of the prohibition order, the refund shall be prorated based
10on the number of days the fare media will be unusable. The
11issuance of a refund may be made contingent on surrender of the
12fare media.

13(e) For purposes of this section “transit district” means the
14Sacramento Regional Transit District or the Fresno Area Express.
15Until January 1,begin delete 2015end deletebegin insert 2018end insert, for purposes of this section, “transit
16district” also means the San Francisco Bay Area Rapid Transit
17District.

18begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 99172 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
19to read:end insert

20

99172.  

(a) Prior to exercising the authority given in subdivision
21(a) of Section 99171 to issue prohibition orders, a transit district
22shall do all of the following:

23(1) Establish an advisory committee for the purpose of
24evaluating the procedures for and issuance of prohibition orders
25and recommending a course of training for personnel charged with
26issuance and enforcement of prohibition orders.

27(2) Ensure that personnel to be charged with issuance and
28enforcement of prohibition orders have received training as
29recommended by the advisory committee.

30(3) Provide reasonable notification to transit district riders that
31persons who engage in disorderly conduct may be subject to a
32prohibition order barring the person from the transit district’s
33property, facilities, or vehicles for a period of up to one year.
34“Reasonable notification” may include, but is not limited to,
35information on the transit district’s Internet Web site, in written
36materials, at transit stations, and on citations issued by the transit
37district of the types of conduct that may result in issuance of a
38prohibition order.

39(b) The advisory committee shall be composed of at least five
40members appointed by the legislative body of the transit district.
P13   1At least one of the members of the advisory committee shall have
2experience working with individuals with psychiatric,
3developmental, or other disabilities, at least one member shall be
4a youth advocate, and at least one member shall have law
5enforcement experience.

6(c) The advisory committee shall be tasked, at a minimum, with
7all of the following:

8(1) Providing recommendations, in consultation with the county
9mental health director within the service area of the transit district,
10regarding the type and extent of training that should be undertaken
11by individuals with responsibility for issuance and enforcement
12of prohibition orders, with particular emphasis on training designed
13to assist those individuals in identifying and interacting with
14persons who are homeless or who have psychiatric, developmental,
15or other disabilities.

16(2) Identifying, in consultation with the county mental health
17director within the service area of the transit district, services and
18programs to which persons who are homeless or who have
19psychiatric, developmental, or other disabilities may be referred
20by transit district enforcement personnel prior to or in conjunction
21with issuance of a prohibition order.

22(3) Monitoring the issuance of prohibition orders to assist the
23transit district in ensuring compliance with Section 51 of the Civil
24Code.

25(4) Providing the governing board of the transit district and the
26Legislature with an annual report summarizing the number of
27prohibition orders that were issued by the transit district during
28the preceding year, including, but not limited to, the types and
29numbers of citations by category, and the number of exclusion
30orders appealed, the appeals granted, the reasons granted, and other
31relevant information directly related to those orders.

32(d) The transit district may use an existing advisory committee
33to fulfill the requirements of this section, provided that the
34composition and purpose of the existing advisory committee meet
35or are modified to meet the requirements of this section.

36(e) For purposes of this section “transit district” means the
37Sacramento Regional Transit District or the Fresno Area Express.
38Until January 1,begin delete 2015end deletebegin insert 2018end insert, for purposes of this section, “transit
39district” also means the San Francisco Bay Area Rapid Transit
40District.

P14   1

begin deleteSEC. 4.end delete
2begin insertSEC. 6.end insert  

If the Commission on State Mandates determines that
3this act contains costs mandated by the state, reimbursement to
4local agencies and school districts for those costs shall be made
5pursuant to Part 7 (commencing with Section 17500) of Division
64 of Title 2 of the Government Code.



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