BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1154
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          SENATE THIRD READING
          SB 1154 (Hancock)
          As Amended  May 29, 2014
          Majority vote 

           SENATE VOTE  :37-0  
           
           PUBLIC SAFETY       7-0         APPROPRIATIONS      17-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Ammiano, Melendez,        |Ayes:|Gatto, Bigelow,           |
          |     |Jones-Sawyer, Quirk,      |     |Bocanegra, Bradford, Ian  |
          |     |Skinner, Stone, Waldron   |     |Calderon, Campos,         |
          |     |                          |     |Donnelly, Eggman, Gomez,  |
          |     |                          |     |Holden, Jones, Linder,    |
          |     |                          |     |Pan, Quirk,               |
          |     |                          |     |Ridley-Thomas, Wagner,    |
          |     |                          |     |Lowenthal                 |
           ----------------------------------------------------------------- 

           SUMMARY  :  Expands the authority given to the Bay Area Rapid  
          Transit (BART) police officers to include powers granted  
          similarly situated police officers in other jurisdictions.   
          Specifically,  this bill  :

          1)Includes BART police officers in the provisions of law which  
            require 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.  Includes members of  
            the San Francisco BART District Police Department in the  
            definition of "officers" for the purposes of these provisions.  


          2)Permits officers of the BART Police Department to have the  
            ability to request an ex parte emergency protective order from  
            a judicial officer, if there are reasonable grounds to believe  
            a person is in immediate and present danger of stalking.

          3)Permits BART police officers, who respond to the scene of a  
            domestic violence incident or assault, to temporarily take  
            custody of any firearms or deadly weapons that are in plain  
            sight or obtained during a lawful search.








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          4)Extends the sunset on the law that allows BART to issue  
            prohibition orders banning persons from entering district  
            property for determined periods of time for specified  
            offenses.  Extends the sunset until January 1, 2018.  

           EXISTING LAW  :  
           
           1)Allows BART, until January 1, 2015, to issue prohibition  
            orders banning persons from entering the property, facilities,  
            or vehicles of the transit district for determined periods of  
            time for specified offenses.  Specifically, current 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; or,
              
              g)   Defacing with graffiti the interior or exterior of the  
               facilities or vehicles of a public transportation system.   

           2)Allows BART to issue a prohibition order to a person who has  
            been arrested or convicted once for any of the following  








                                                                  SB 1154
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            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; or,  

              c)   Loitering with the intent to commit prostitution.  

           3)Provides the maximum duration of a prohibition order is as  
            follows:  

              a)   Thirty 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; or,  

              b)   Thirty 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.  

          FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, non-reimbursable costs to BART to train for and  
          adhere to local and state policies related to domestic violence  
          response and intervention.  These costs are not reimbursable as  
          BART is not required to maintain a police department.

           COMMENTS  :  According to the author, "SB 1154 seeks to clarify  
          that BART Police Officers, like other police officers in the  
          state, have the authority to issue Emergency Protective Orders  
          (EPO) 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 it 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 the following Penal Code  








                                                                  SB 1154
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          Sections: 13700, 646.91, and 18250."
           
           Please see the policy committee analysis for a full discussion  
          on this bill.
           

          Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916)  
          319-3744 


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