BILL NUMBER: AB 561	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 16, 2009

INTRODUCED BY   Assembly Member Carter

                        FEBRUARY 25, 2009

   An act to amend Sections 241.5 and 243.65 of the Penal Code,
relating to crimes against highway workers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 561, as amended, Carter. Highway workers: assault and battery.
   Existing law establishes the offense of assault against a highway
worker engaged in the performance of his or her duties, where
"highway worker" is defined as an employee or contractor of the
Department of Transportation engaged in specified activities related
to state highways.
   This bill would expand the definition of highway worker for that
offense to include employees of a city, county, or city and county,
 as well as employees of a contractor while working under
contract with the Department of Transportation, contractors and
employees of contractors while working under contract with a city,
county, or city and county, and volunteers, as defined,  and to
include additional specified activities related to local roads or
streets. 
   By expanding the scope of an existing offense, this bill would
impose a state-mandated local program. 
   Existing law establishes the offense of battery against a highway
worker engaged in the performance of his or her duties, where
"highway worker" is defined as an employee or contractor of the
Department of Transportation engaged in specified activities related
to state highways.
   This bill would expand the definition of highway worker for that
offense to include employees of a city, county, or city and county,
 as well as employees of a contractor while working under
contract with the Department of Transportation, contractors and
employees of contractors while working under contract with a city,
county, or city and county, and volunteers, as defined,  and to
include additional specified activities related to local roads or
streets.
   By expanding the scope of  an  existing 
offense   offenses  , this bill would impose a
state-mandated local program.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 241.5 of the Penal Code is amended to read:
   241.5.  (a) When an assault is committed against a highway worker
engaged in the performance of his or her duties and the person
committing the offense knows or reasonably should know that the
victim is a highway worker engaged in the performance of his or her
duties, the offense shall be punishable by a fine not to exceed two
thousand dollars ($2,000) or by imprisonment in a county jail up to
one year or by both that fine and imprisonment.
   (b) As used in this section, "highway worker" means an employee of
the Department of Transportation, a contractor  or employee of a
contractor  while working under contract with the Department of
Transportation,  or  an employee of a city, county,
or city and county,  a contractor or employee of a contractor
while working under contract with a city, county, or city and county,
or a volunteer as defined in Section 1720.4 of the Labor Code 
who does one or more of the following:
   (1) Performs maintenance, repair, or construction of state highway
or local street or road infrastructures and associated rights-of-way
in highway or local street or road work zones.
   (2) Operates equipment on state highway or local street or road
infrastructures and associated rights-of-way in highway or local
street or road work zones.
   (3) Performs any related maintenance work, as required, on state
highway or local street or road infrastructures in highway or local
street or road work zones.
  SEC. 2.  Section 243.65 of the Penal Code is amended to read:
   243.65.  (a) When a battery is committed against the person of a
highway worker engaged in the performance of his or her duties and
the person committing the offense knows or reasonably should know
that the victim is a highway worker engaged in the performance of his
or her duties, the offense shall be punished by a fine not exceeding
two thousand dollars ($2,000), or by imprisonment in a county jail
not exceeding one year, or by both that fine and imprisonment.
   (b) As used in this section, "highway worker" means an employee of
the Department of Transportation, a contractor  or employee of a
contractor  while working under contract with the Department of
Transportation,  or an employee of a city, county,
or city and county,  a contractor or employee of a contractor
while working under contract with a city, county, or city and county,
or a volunteer as defined in Section 1720.4 of the Labor Code 
who does one or more of the following:
   (1) Performs maintenance, repair, or construction of state highway
or local street or road infrastructures and associated rights-of-way
in highway or local street or road work zones.
   (2) Operates equipment on state highway or local street or road
infrastructures and associated rights-of-way in highway or local
street or road work zones.
   (3) Performs any related maintenance work, as required, on state
highway or local street or road infrastructures in highway or local
street or road work zones.
  SEC. 3.  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.