BILL ANALYSIS
AB 561
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 561 (Carter)
As Amended June 16, 2009
Majority vote
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|ASSEMBLY: |79-0 |(May 4, 2009) |SENATE: |34-0 |(July 9, 2009) |
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Original Committee Reference: PUB. S.
SUMMARY : Revises the definition of "highway worker" to include a
contractor or employee of 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."
The Senate amendments expand the definition of "highway worker" to
include an employee of a contractor who is working under contract,
as specified.
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.
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.
3)Defines "highway worker" as an employee or contractor of Caltrans.
4)Defines "assault" as an unlawful attempt, coupled with a present
AB 561
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ability, to commit a violent injury on the person of another.
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.
6)Defines "battery" as any willful and unlawful use of force or
violence upon the person of another.
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.
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.
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.
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
$2,000; by both that fine and imprisonment; or by 16 months, two
years or three years in state prison.
AB 561
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AS PASSED BY THE ASSEMBLY , this bill revised the definition of
"highway worker" to include a contractor while under contract with
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."
FISCAL EFFECT : According to the Senate Appropriations Committee,
pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : 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."
Please see the policy committee for a full discussion of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744
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