BILL ANALYSIS
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THIRD READING
Bill No: AB 561
Author: Carter (D)
Amended: 6/16/09 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/9/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 79-0, 5/4/09 - See last page for vote
SUBJECT : Highway workers: assault and battery
SOURCE : San Bernardino Public Employees Association
DIGEST : This bill provides that a misdemeanor assault or
battery on a highway worker, as defined, shall be subject
to the same enhanced penalties, a maximum jail term of one
year and a fine of up to $2000, as an assault or battery on
a Caltrans highway worker or Caltrans contractor.
ANALYSIS : 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.
CONTINUED
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This bill expands 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.
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 expands 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 6/29/09)
San Bernardino Public Employees Association (source)
American Association of State County and Municipal
Employees
California District Attorneys Association
California State Association of Counties
California-Nevada Conference of Operating Engineers
City of Palm Desert
Glendale City Employees Association
League of California Cities
Regional Council of Rural Counties
San Bernardino County Board of Supervisors
San Luis Obispo County Employees Association
Santa Rosa City Employees Association
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ARGUMENTS IN SUPPORT : According to the author's office:
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.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi,
Hernandez, Hill, Huber, Jeffries, Jones, Knight,
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Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza,
Miller, Monning, Nava, Nestande, Niello, Nielsen, John A.
Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, Bass
NO VOTE RECORDED: Huffman
RJG:nl 6/29/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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