Amended in Senate September 3, 2015

Amended in Assembly April 16, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1289


Introduced by Assembly Member Cooper

February 27, 2015


begin deleteAn act relating to community safety and policing. end deletebegin insertAn act to add Section 5445.2 to the Public Utilities Code, relating to transportation.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1289, as amended, Cooper. begin deleteCommunity safety and policing: study. end deletebegin insertTransportation network companies: participating drivers: penalties.end insert

begin insert

(1) The Passenger Charter-party Carriers’ Act defines a transportation network company as an organization, whether a corporation, partnership, sole proprietor, or other form, operating in California that provides prearranged transportation services for compensation using an online-enabled platform to connect passengers with drivers using their personal vehicles. A transportation network company is subject to regulation by the Public Utilities Commission, which requires, among other things, a criminal background check of each participating driver. A transportation network company is also required to have a specified certificate or permit, as appropriate, from the commission, and is subject to various other requirements. A violation of the act is generally a misdemeanor and subject to a fine of not less than $1,000 and not more than $5,000 or by imprisonment in a county jail for not more than 3 months, or by both that fine and imprisonment.

end insert
begin insert

This bill would require a transportation network company to conduct comprehensive criminal background checks for each participating driver that include local, state, and federal law enforcement records. The bill would prohibit a transportation network company from contracting with, employing, or continuing to retain a driver if he or she is required by any law to register as a sex offender or has been convicted of any violent felony, sexual offense, driving under the influence offense, non-felony violent crime, act of fraud, act of terror, or crime involving property damage or theft.

end insert
begin insert

The bill would additionally provide that a transportation network company that violates, or fails to comply with, its provisions is subject to a penalty of not less that $500 nor more than $50,000 for each offense.

end insert
begin insert

(2) Because a violation of the act is a crime, and this bill would expand the scope of the act, this bill would impose a state-mandated local program.

end insert
begin insert

(3) 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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
begin delete

Existing law establishes the Commission on Peace Officer Standards and Training in the Department of Justice and requires the commission to adopt rules establishing minimum standards regarding the recruitment of peace officers. Existing law also requires the commission to develop guidelines and implement courses of instruction regarding racial profiling, handling domestic violence, hate crimes, and human trafficking, among others.

end delete
begin delete

This bill would require the commission to conduct a study of community policing and engagement programs, efforts, strategies, and policies in the state, and to report its findings with regard to the study to the Legislature by December 31, 2017.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P2    1begin insert

begin insertSECTION end insertbegin insert1end insertbegin insert.end insert  

end insert

begin insertSection 5445.2 is added to the end insertbegin insertPublic Utilities
2Code
end insert
begin insert, to read:end insert

begin insert
P3    1

begin insert5445.2.end insert  

(a) (1) A transportation network company shall
2conduct comprehensive criminal background checks for each
3participating driver that shall include local, state, and federal law
4enforcement records.

5(2) A transportation network company shall not contract with,
6employ, or continue to retain a driver if he or she is required by
7any law to register as a sex offender or has been convicted of any
8violent felony, sexual offense, driving under the influence offense,
9non-felony violent crime, act of fraud, act of terror, or crime
10involving property damage or theft.

11(b) A transportation network company that violates, or fails to
12comply with, this section is subject to a penalty of not less that five
13hundred dollars ($500) nor more than fifty thousand dollars
14($50,000) for each offense.

end insert
15begin insert

begin insertSEC. end insertbegin insert2end insertbegin insert.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
16Section 6 of Article XIII B of the California Constitution because
17the only costs that may be incurred by a local agency or school
18district will be incurred because this act creates a new crime or
19infraction, eliminates a crime or infraction, or changes the penalty
20for a crime or infraction, within the meaning of Section 17556 of
21the Government Code, or changes the definition of a crime within
22the meaning of Section 6 of Article XIII B of the California
23Constitution.

end insert
begin delete
24

SECTION 1.  

(a) The Commission on Peace Officer Standards
25and Training shall conduct a study to determine the effectiveness
26of community policing and engagement programs, efforts,
27strategies, and policies in the state, including, but not limited to,
28police activities leagues, neighborhood watch, and integrated
29policing. The Commission on Peace Officer Standards and Training
30shall report its findings with regard to the study to the Legislature
31by December 31, 2017.

32(b) The report required to be submitted pursuant to subdivision
33(a) shall be submitted in compliance with Section 9795 of the
34Government Code.

end delete


O

    96