BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                 UNFINISHED BUSINESS


          Bill No:  SB 1154
          Author:   Hancock (D), et al.
          Amended:  8/7/14
          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

           SENATE FLOOR  :  37-0, 5/5/14
          AYES:  Anderson, Beall, Berryhill, Block, Cannella, Corbett,  
            Correa, De León, DeSaulnier, Evans, Fuller, Gaines, Galgiani,  
            Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Knight, Lara,  
            Leno, Lieu, Liu, Mitchell, Monning, Morrell, Nielsen, Padilla,  
            Pavley, Roth, Steinberg, Torres, Vidak, Walters, Wolk, Wyland
          NO VOTE RECORDED:  Calderon, Wright, Yee

           ASSEMBLY FLOOR  :  79-0, 8/11/14 - See last page for vote


           SUBJECT  :    Peace officers

           SOURCE  :     San Francisco Bay Area Rapid Transit District


           DIGEST  :    This bill expands the authority given to Bay Area  
          Rapid Transit (BART) police officers to include powers granted  
          similarly situated police officers in other jurisdictions.
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           Assembly Amendments  add a coauthor and add chaptering out  
          language to address conflict with AB 1014 (Skinner and  
          Williams).

           ANALYSIS  :    

          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, 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  

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            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.

             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  

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            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  
            pamphlet information to persons who are to be protected under  
            a protective order, and the collection of data.

          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.

          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.

          5.Adds double jointing language to incorporate changes made by  
            AB 1014 (Skinner and Williams) of the current legislative  
            session, should both bills become operative.


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           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:

           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  8/12/14)

          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.

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               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.

           ASSEMBLY FLOOR  :  79-0, 8/11/14
          AYES:  Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,  
            Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,  
            Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,  
            Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández,  
            Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,  
            Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi,  
            Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A.  
            Pérez, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,  
            Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
          NO VOTE RECORDED:  Vacancy


          JG:e  8/12/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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