BILL NUMBER: AB 1289	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 3, 2015
	AMENDED IN ASSEMBLY  APRIL 16, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Cooper

                        FEBRUARY 27, 2015

    An act relating to community safety and policing.
  An act to add Section 5445.2 to the Public Utilities
Code, relating to transportation. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1289, as amended, Cooper.  Community safety and
policing: study.   Transportation network companies:
participating drivers: penalties.  
   (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.  
   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.
 
   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.  
   (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.  
   (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.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   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.  
   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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION   1   .    Section 5445.2
is added to the   Public Utilities Code   , to
read:  
   5445.2.  (a) (1) A transportation network company shall conduct
comprehensive criminal background checks for each participating
driver that shall include local, state, and federal law enforcement
records.
   (2) A transportation network company shall not contract with,
employ, or continue 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.
   (b) A transportation network company that violates, or fails to
comply with, this section is subject to a penalty of not less that
five hundred dollars ($500) nor more than fifty thousand dollars
($50,000) for each offense. 
  SEC.   2   .    No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.  
  SECTION 1.    (a) The Commission on Peace Officer
Standards and Training shall conduct a study to determine the
effectiveness of community policing and engagement programs, efforts,
strategies, and policies in the state, including, but not limited
to, police activities leagues, neighborhood watch, and integrated
policing. The Commission on Peace Officer Standards and Training
shall report its findings with regard to the study to the Legislature
by December 31, 2017.
   (b) The report required to be submitted pursuant to subdivision
(a) shall be submitted in compliance with Section 9795 of the
Government Code.