BILL ANALYSIS Ó SB 1154 Page 1 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. SB 1154 Page 2 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 Page 3 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 Page 4 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 FN: 0004330