BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1154| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 1154 Author: Hancock (D) Amended: 3/24/14 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 5-0, 4/1/14 AYES: Hancock, Anderson, Liu, Mitchell, Steinberg NO VOTE RECORDED: De León, Knight SENATE APPROPRIATIONS COMMITTEE : 5-0, 4/28/14 AYES: De León, Gaines, Hill, Lara, Steinberg NO VOTE RECORDED: Walters, Padilla SUBJECT : Peace officers SOURCE : San Francisco Bay Area Rapid Transit District DIGEST : This bill extends the sunset date that allows the San Francisco Bay Area Rapid Transit District (BART) to issue prohibition orders and clarifies that BART police officers have the authority to request Emergency Protective Orders (EPOs), and take temporary custody of firearms or deadly weapons while conducting domestic investigations. ANALYSIS : Existing law: 1.Allows BART, until January 1, 2015, to issue prohibition orders banning persons from entering the property, facilities, CONTINUED SB 1154 Page 2 or vehicles of the transit district for determined periods of time for specified offenses. Specifically, existing law allows BART to issue a prohibition order to a person who has been cited on at least three separate occasions within a period of 90 days for any of the following infractions committed in or on a transit vehicle, bus stop, or station of the transit district: A. Interfering with the operator or operation of a transit vehicle, or impeding the safe boarding or alighting of passengers. B. Committing any act or engaging in any behavior that may, with reasonable foreseeability, cause harm or injury to any person or property. C. Willfully disturbing others on or in a transit facility or vehicle by engaging in boisterous or unruly behavior. D. Carrying an explosive or acid, flammable liquid, or toxic or hazardous material in a public transit facility or vehicle. E. Urinating or defecating in a transit facility or vehicle, except in a lavatory. F. Willfully blocking the free movement of another person in a transit facility or vehicle. G. Defacing with graffiti the interior or exterior of the facilities or vehicles of a public transportation system. 1.Allows BART to issue a prohibition order to a person who has been arrested or convicted once for any of the following misdemeanors or felonies committed in or on a vehicle, bus stop, or station of the transit district: A. Acts involving violence, threats of violence, lewd or lascivious behavior, or possession or sale of any illegal substance. B. Loitering with the intent to engage in drug-related activity. CONTINUED SB 1154 Page 3 C. Loitering with the intent to commit prostitution. The maximum duration of a prohibition order is as follows: A. 30 days for a first order, 90 days for a second order within one year, and 180 days for a third order within one year related to infractions. B. 30 days if issued pursuant to an arrest for a misdemeanor or felony offense. Upon conviction for the offense, the order may be extended to a total of 180 days for a misdemeanor and one year for a felony. 1.Requires BART to establish an advisory commission that is tasked, among other things, with monitoring the issuance of prohibition orders to ensure compliance with anti-discrimination laws and with providing the governing board of the transit district and the Legislature with an annual report on the program. 2.Allows peace officers, to request that a judicial officer issue an ex parte emergency protective order. In the request, the peace officer must assert reasonable grounds to believe that a person is in immediate and present danger of stalking based upon the person's allegation that he/she has been willfully, maliciously, and repeatedly followed or harassed by another person who has made a credible threat with the intent of placing the person who is the target of the threat in reasonable fear for his/her safety. 3.Requires certain peace officers, who are at the scene of a domestic violence incident involving a threat to human life or a physical assault, or who are serving a protective order as specified, to take temporary custody of any firearm or other deadly weapon in plain sight, or discovered pursuant to a consensual or other lawful search, as necessary for the protection of the peace officer or other persons present. 4.Sets forth specified requirements concerning the law enforcement response to domestic violence, including the development and implementation of policies concerning officers' responses to domestic violence calls, dispatchers' responses to domestic violence calls, law enforcement records of domestic violence protection orders, the provision of CONTINUED SB 1154 Page 4 pamphlet information to persons who are to be protected under a protective order, and the collection of data. This bill: 1.Extends the sunset to January 1, 2018, on the laws described above that allows BART to issue prohibition orders banning persons from entering district property for determined periods of time for specified offenses, and requires BART to maintain an advisory committee. 2.Allows BART police officers to request a temporary restraining order from a judicial officer if there are reasonable grounds to believe that a person is in immediate and present danger of stalking, as specified. 3.Requires BART police officers to take control of a firearm, or other deadly weapon, when they are at the scene of a domestic violence incident involving a threat to human life or a physical assault, or who are serving a protective order as specified, to take temporary custody of any firearm or other deadly weapon in plain sight, or discovered pursuant to a consensual or other lawful search, as necessary for the protection of the peace officer or other persons present. 4.Includes BART police officers within the definition of "officer," as specified. Prior Legislation AB 716 (Dickinson, Chapter 534, Statutes of 2011) eliminated the sunset date on the law authorizing Sacramento Regional Transit and Fresno Area Express to issue prohibition orders banning persons from entering district property for determined periods of time for specified offenses, and added BART, until January 1, 2015, to the program. BART was required to establish an advisory committee to monitor enforcement of the program and submit an annual report to the Legislature summarizing the implementation of the exclusion policy. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes According to the Senate Appropriations Committee: CONTINUED SB 1154 Page 5 Significant one-time and ongoing local costs, projected to be non-reimbursable, to the BART Police Department to adhere to peace officer domestic violence arrest policy, response, and data collection mandates. As BART is authorized but not required to maintain a police department, any mandated activities are estimated to result in non-reimbursable local costs. Non-reimbursable local costs for BART to maintain operation of the advisory committee tasked with monitoring the issuance of prohibition orders and submittal of an annual report to the Legislature under the extended authority to issue these orders. SUPPORT : (Verified 4/28/14) San Francisco Bay Area Rapid Transit District (source) Peace Officers Research Association of California ARGUMENTS IN SUPPORT : According to the author's office: SB 1154 seeks to clarify that BART Police Officers, like other police officers in the state, have the authority to issue EPOs for individuals in a domestic violence situation within the transit system, and that they have the authority to confiscate weapons while investigating such circumstances. SB 1154 makes clear that BART Police are included in the definition of officers under the general provisions of law enforcement response to domestic violence, and clarifies that they have the authority to issue EPOs, and take temporary custody of firearms or deadly weapons while conducting domestic violence investigations. Specifically, this bill adds BART Police to specified Penal Code Sections. JG:e 4/29/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED SB 1154 Page 6 CONTINUED