BILL ANALYSIS
AB 561
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Date of Hearing: March 31, 2009
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 561 (Carter) - As Introduced: February 25, 2009
SUMMARY : Revises the definition of "highway worker" to include
a contractor while under contract with the California Department
of Transportation (Caltrans); an employee of a city, or county,
or city and county who performs maintenance, repair, or
construction of highways; or local streets and road
infrastructure for the purpose of enhanced penalties for assault
or battery upon a "highway worker."
EXISTING LAW :
1)Provides that 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 is punishable by a fine not to exceed
$2,000; by imprisonment in a county jail up to one year; or by
both that fine and imprisonment. [Penal Code Section
241.5(a).]
2)States that 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 $5,000; by
imprisonment in a county jail not exceeding one year; or by
both that fine and imprisonment. (Penal Code Section 243.65.)
3)Defines "highway worker" as an employee or contractor of
Caltrans. [Penal Code Section 241.5(c).]
4)Defines "assault" as an unlawful attempt, coupled with a
present ability, to commit a violent injury on the person of
another. (Penal Code Section 240.)
AB 561
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5)Provides that assault is punishable by a fine not exceeding
$1,000; by imprisonment in the county jail not exceeding six
months; or by both the fine and imprisonment. [Penal Code
Section 241(a).]
6)Defines "battery" as any willful and unlawful use of force or
violence upon the person of another. (Penal Code Section
242.)
7)Makes battery punishable by a fine not exceeding $2,000; by
imprisonment in a county jail not exceeding six months; or by
both that fine and imprisonment. [Penal Code Section 243(a).]
8)Proscribes that person who commits an assault with a deadly
weapon or instrument or by any means of force likely to
produce great bodily injury upon the person of an operator,
driver, or passenger on a bus; taxicab; streetcar; cable car;
trackless trolley; or other motor vehicle, including a vehicle
operated on stationary rails or on a track or rail suspended
in the air, used for the transportation of persons for hire,
or upon the person of a station agent or ticket agent for the
entity providing such transportation, when the driver,
operator, or agent is engaged in the performance of his or her
duties, and where the person who commits the assault knows or
reasonably should know that the victim is engaged in the
performance of his or her duties, or is a passenger, shall be
punished by imprisonment in the state prison for three, four,
or five years. (Penal Code Section 245.2.)
9)Provides that a battery committed against any person and
serious bodily injury is inflicted on the person, the battery
is punishable by imprisonment in a county jail not exceeding
one year or by imprisonment in the state prison for two,
three, or four years. [Penal Code Section 243(d).]
10)Declares that where the victim of a simple battery is a
custodial officer; firefighter, emergency medical technician,
physician or nurse providing emergency care; lifeguard,
process server; traffic officer; or animal control officer
engaged in the performance of his or her duties, the
misdemeanor is punishable by up to one year in the county
jail; by a fine not to exceed $2,000; or by both that fine and
imprisonment. If the victim suffers an injury requiring
medical care, the crime is punishable by imprisonment in the
county jail not to exceed one year; by a fine not to exceed
AB 561
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$2,000; by both that fine and imprisonment; or by 16 months, 2
or 3 years in state prison. [Penal Code Sections 243(b) and
(c).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Local street
and road workers put their lives on the line every day to
perform an important public service. They construct and
maintain the infrastructure for local streets and roads, in
many cases working in close proximity to fast moving traffic.
With increasing regularity, these workers report becoming the
victims of assault and battery by motorists ranging from
verbal abuse to having objects thrown at them or, in a few
cases, actually being struck by a vehicle. Overall, the
incidence of motorist impatience, aggressive driving, and road
rage, appear to be increasing. Unfortunately, local streets
and road workers, who may be perceived as the cause of traffic
congestion and delay, often become the targets of motorists'
ire. Examples of particularly serious recent incidents have
included an employee shot with a paint ball gun, another shot
at with a BB gun, and one attacked with jumper cables.
Employees who work on local streets and roads believe that
verbal abuse is very common and that the incidence of more
serious incidents may be increasing.
"While assault and battery are already criminal offenses,
current penalties do not appear to be sufficient to deter
dangerous, and in some cases potentially deadly, assaults on
local streets and roads workers. Due to the nature of their
work environment, these employees' safety can be at risk even
under the best of circumstances. Given their vulnerability,
they deserve the greatest protection possible against abuse by
the public."
2)Prior Legislation : SB 1509 (Lowenthal), Chapter 410, Statutes
of 2008, increased the penalty for assaults and batteries
committed against a highway worker engaged in the performance
of his or her duties.
REGISTERED SUPPORT / OPPOSITION :
Support
AB 561
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American Federation of State, County and
Municipal Employees
California District Attorneys Association
Glendale City Employees Association
San Bernardino County Board of Supervisors
San Bernardino Public Employees Association
San Luis Obispo County Employees Association
Santa Rosa City Employees Association
Opposition
None received
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744