BILL ANALYSIS
AB 2324
Page 1
Date of Hearing: April 13, 2010
Counsel: Nicole J. Hanson
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2324 (John A. Perez) - As Amended: April 5, 2010
SUMMARY : Creates new misdemeanors and recasts fines and
punishments for crimes committed upon public transit vehicle
stations. Specifically, this bill :
1)Defines "public transit facility" as any land, buildings, and
equipment, or any interest therein, including any station on a
public transportation route, to which access is controlled in
a manner consistent with the public transit authority's
security plan, whether or not the operation thereof produces
revenue, which have as their primary purpose the operation of
a public transit system or the providing of services to the
passengers of a public transit system. A public transit
system includes the vehicles used in the system, including,
but not limited to, motor vehicles, streetcars, trackless
trolleys, buses, shuttles, light rail systems, rapid transit
systems, subways, trains, taxi cabs, or jitneys, that
transport members of the public for hire.
2)Defines "sterile area" as any portion of a public transit
facility that is generally controlled in a manner consistent
with the public transit authority's security plan.
3)Provides it is unlawful for any person to knowingly possess
within any sterile area of a public transit facility any of
the following:
a) Any firearm;
b) Any imitation firearm as defined under existing law;
c) Any instrument that expels a metallic projectile, such
as a BB or pellet, through the force of air pressure, CO2
pressure, or spring action, or any spot marker gun or paint
gun;
AB 2324
Page 2
d) Any metal military practice hand grenade;
e) Any metal replica hand grenade;
f) Any plastic replica hand grenade;
g) Any unauthorized tear gas weapon;
h) Any taser or stun gun, as defined under existing law;
and,
i) Any detectable knife, as described under existing law.
4)Allows the following people to possess the aforementioned
items within any sterile area of a public transit facility:
a) A duly appointed peace officer, as defined under
existing law;
b) A retired peace officer with authorization to carry
concealed weapons as described under existing law;
c) A full-time paid peace officer of another state or the
federal government who is carrying out official duties
while in California;
d) A person summoned by a peace officer to assist in making
arrests or preserving the peace while he or she is actually
engaged in assisting the officer; and,
e) A person who is responsible for the security of the
public transit system and who has been authorized by the
public transit authority's security coordinator, in
writing, to possess a weapon.
5)Allows a person to carry a handgun in a transit facility if he
or she is a person who is exempt from the prohibition against
carrying a handgun under existing law.
6)Allows a person to possess a tear gas weapon within a transit
facility if he or she is permitted to carry such item under
existing law.
7)States that any person in possession of the aforementioned
prohibited items is punishable by imprisonment in a county
AB 2324
Page 3
jail for a period not exceeding six months, or by a fine not
exceeding $1,000, or by both that fine and imprisonment.
8)Provides that the aforementioned provisions are cumulative,
and shall not be construed as restricting the application of
any other law. However, an act or omission that is punishable
in different ways by this and any other provision of law shall
not be punished under more than one provision.
9)Allows for prosecution under any other provision of law that
may provide greater punishment.
10)Creates a trespass when any unauthorized person knowingly
enters a public transit facility if the area has been posted
with notices restricting access to authorized personnel only
and the postings occur not greater than every 150 feet along
the exterior boundary, to the extent, in the case of a
passenger vessel terminal, that the exterior boundary extends
shoreside. To the extent that the exterior boundary of a
passenger vessel terminal operations area extends waterside,
this prohibition shall apply if notices have been posted in a
manner consistent with the requirements for the shoreside
exterior boundary, or in any other manner approved by the
captain of the port. The person shall be punished as follows:
a) By a fine not exceeding $100.
b) By imprisonment in the county jail not exceeding 6
months or $1,000, or both, if the person refuses to leave
the airport or passenger vessel terminal after being
requested to leave by a peace officer or authorized
personnel.
c) By imprisonment in the county jail not exceeding six
months, or by a fine not exceeding $1,000, or both, for a
second or subsequent offense.
11)Mandates that persons who intentionally avoid submission to
the screening and inspection of one's person and accessible
property in accordance with the procedures being applied to
control access when entering or reentering a public transit
facility and are responsible in any part for delays or
cancellations of departures are punishable by imprisonment of
not more than one year in a county jail if the sterile area is
posted with a statement providing reasonable notice that
AB 2324
Page 4
prosecution may result. A violation of this subdivision is
punishable by a fine of not more than $500 for the first
offense. A second and subsequent violation is a misdemeanor,
punishable by imprisonment in a county jail for a period of
not more than one year, or by a fine not to exceed $1,000, or
by both that fine and imprisonment.
12)Punishes the following acts committed on or in a facility or
vehicle of a public transportation system as follows: upon a
first or second violation, is an infraction punishable by a
fine not to exceed $250 and by community service for a total
time not to exceed 48 hours over a period not to exceed 30
days, during a time other than during his or her hours of
school attendance or employment. A third or subsequent
violation of any of the following acts is a misdemeanor
punishable by a fine of not more than $400 or by imprisonment
in the county jail for a period of not more than 90 days, or
by both that fine and imprisonment.
a) Evasion of the payment of a fare of the system.
b) Misuse of a transfer, pass, ticket, or token with the
intent to evade the payment of a fare.
c) Playing sound equipment on or in a system facility or
vehicle.
d) Smoking, eating, or drinking in or on a system facility
or vehicle in those areas where those activities are
prohibited by that system.
e) Expectorating upon a system facility or vehicle.
f) Skateboarding, roller skating, bicycle riding, or
rollerblading in a system facility, vehicle, or parking
structure. This paragraph does not apply to an activity
that is necessary for utilization of the transit facility
by a bicyclist, including, but not limited to, an activity
that is necessary for parking a bicycle or transporting a
bicycle aboard a transit vehicle, if that activity is
conducted with the permission of the transit agency in a
manner that does not interfere with the safety of the
bicyclist or other patrons of the transit facility.
g) Unauthorized use of a discount ticket or failure to
AB 2324
Page 5
present, upon request from a transit system representative,
acceptable proof of eligibility to use a discount ticket
and posted system identification policies when entering or
exiting a transit station or vehicle. Acceptable proof of
eligibility must be clearly defined in the posting. In the
event that an eligible discount ticket user is not in
possession of acceptable proof at the time of request, any
citation issued shall be held for a period of 72 hours to
allow the user to produce acceptable proof. If the proof
is provided, the citation shall be voided. If the proof is
not produced within that time period, the citation shall be
processed.
13)Provides that the following acts are punishable by a fine of
not more than $400, by imprisonment in the county jail for a
period of not more than 90 days, or by both that fine and
imprisonment:
a) Willfully disturbing others on or in a system facility
or vehicle by engaging in boisterous or unruly behavior;
b) Carrying an explosive or acid, inflammable liquid, or
toxic or hazardous material in a public transit facility or
vehicle;
c) Urinating or defecating in a system facility or vehicle,
except in a lavatory. However, this paragraph shall not
apply to a person who cannot comply with this paragraph as
a result of a disability, age, or a medical condition;
d) Willfully blocking the free movement of another person
in a system facility; and,
e) Willfully tampering with, removing, displacing,
injuring, or destroying any part of any light rail train or
bus equipment.
14)Defines "facility or vehicle of a public transportation
system" as any of the following:
a) A facility or vehicle of a public transportation system
as defined under existing law;
b) A facility of, or vehicle operated by any entity
subsidized by, the Department of Transportation; or,
AB 2324
Page 6
c) A leased or rented facility or vehicle which incurs
costs of cleanup, repair, or replacement as a result of any
of those acts.
EXISTING LAW :
1)Creates a trespass when an unauthorized person knowingly
enters upon any airport or passenger vessel terminal
operations area, if the area has been posted with notices
restricting access to authorized personnel only and the
posting occur not greater than every 150 feet along the
exterior boundary, to the extent, in the case of a passenger
vessel terminal, that the exterior boundary extends shoreside.
To the extent that the exterior boundary of a passenger
vessel terminal operations area extends waterside, this
prohibition shall apply if notices have been posted in a
manner consistent with the requirements for the shoreside
exterior boundary, or in any other manner approved by the
captain of the port. The person shall be punished as follows
[Penal Code Section 602(u)]:
a) By a fine not exceeding $100.
b) By imprisonment in the county jail not exceeding $1,000,
or both, if the person refuses to leave the airport or
passenger vessel terminal after being requested to leave by
a peace officer or authorized personnel.
c) By imprisonment in the county jail not exceeding six
months, or by a fine not exceeding $1,000, or both, for a
second or subsequent offense.
2)States that persons who intentionally avoid submission to the
screening and inspection of one's person and accessible
property in accordance with the procedures being applied to
control access when entering or reentering a sterile area of
an airport or, passenger vessel terminal and are responsible
for the evacuation of an airport terminal or, passenger vessel
terminal, and is responsible in any part delays or
cancellations of scheduled flights or departures is punishable
by imprisonment of not more than one year in a county jail if
the sterile area is posted with a statement providing
reasonable notice that prosecution may result from a trespass.
[Penal Code Section 602(v).]
AB 2324
Page 7
3)Defines "public transportation system" as any system of an
operator which provides transportation services to the general
public by any vehicle which operates on land or water,
regardless of whether operated separated from or in
conjunction with other vehicles. (Public Utilities Code
Section 99211.)
4)Prescribes the following the acts as infractions punishable by
a fine not to exceed $250 and by community service for a total
time not to exceed 48 hours over a period not to exceed 30
days, during a time other than during his or her hours of
school attendance or employment, when committed on or in a
facility or vehicle of a public transportation system, a
facility of, or vehicle operated by any entity subsidized by,
the Department of Transportation, a leased or rented facility
or vehicle for which incur costs of cleanup, repair, or
replacement as a result of any of those acts (Penal Code
Section 640):
a) Evasion of the payment of a fare of the system. Fare
evasion includes entering an enclosed area of a public
transit facility beyond posted signs prohibiting entrance
without obtaining valid fare, in addition to entering a
transit vehicle without valid fare.
b) Misuse of a transfer, pass, ticket, or token with the
intent to evade the payment of a fare.
c) Playing sound equipment on or in a system facility or
vehicle.
d) Smoking, eating, or drinking in or on a system facility
or vehicle in those areas where those activities are
prohibited by that system.
e) Expectorating upon a system facility or vehicle.
f) Willfully disturbing others on or in a system facility
or vehicle by engaging in boisterous or unruly behavior.
g) Carrying an explosive or acid, flammable liquid, or
toxic or hazardous material in a public transit facility or
vehicle.
AB 2324
Page 8
h) Urinating or defecating in a system facility or vehicle,
except in a lavatory. However, this paragraph shall not
apply to a person who cannot comply with this paragraph as
a result of a disability, age, or a medical condition.
i) Willfully blocking the free movement of another person
in a system facility or vehicle.
j) Skateboarding, roller skating, bicycle riding,
rollerblading, or operating an electronic personal
assistive mobility device or similar device as defined
under existing law, or a motorized scooter or similar
device as defined under existing law in a system facility,
vehicle, or parking structure. This paragraph does not
apply to an activity that is necessary for utilization of
the transit facility by a bicyclist, including, but not
limited to, an activity that is necessary for parking a
bicycle or transporting a bicycle aboard a transit vehicle,
if that activity is conducted with the permission of the
transit agency in a manner that does not interfere with the
safety of the bicyclist or other patrons of the transit
facility.
aa) Unauthorized use of a discount ticket or failure to
present, upon request from a transit system representative,
acceptable proof of eligibility to use a discount ticket
and posted system identification policies when entering or
exiting a transit station or vehicle. Acceptable proof of
eligibility must be clearly defined in the posting.
5)Punishes any person who defaces with graffiti or other
inscribed material the interior or exterior of the facilities
or vehicles of a government entity , or the interior or
exterior of the facilities or vehicles of a public
transportation system, or the interior or exterior of the
facilities of or vehicles operated by entities subsidized by
the Department of Transportation or the interior or exterior
of any leased or rented facilities or vehicles for which any
of the above entities incur costs of less than $250 for
cleanup, repair, or replacement is guilty of an infraction
punishable by a fine not to exceed $1,000 and by a minimum of
48 hours of community service for a total time not to exceed
200 hours over a period not to exceed 180 days, during a time
other than his or her hours of school attendance or
employment. [Penal Code Section 640.5(a)(1).]
AB 2324
Page 9
6)Creates a felony punishable by imprisonment in the state
prison for two, four, or six years for any person who
willfully (Penal Code Section 12303.1):
a) Carries any explosive or destructive device on any
vessel, aircraft, car, or other vehicle that transports
passengers for hire.
b) Places or carries any explosive or destructive device,
while on board any such vessel, aircraft, car, or other
vehicle, in any hand baggage, roll, or other container.
c) Places any explosive or destructive device in any
baggage which is later checked with any common carrier.
d) Provides that when an assault is committed against any
person on the property of, or on a motor vehicle of, a
public transportation provider, the offense shall be
punished by a fine not to exceed $2,000, or by imprisonment
in a county jail not to exceed one year, or by both the
fine and imprisonment. (Penal Code Section 241.3.)
e) A "public transportation provider" is a publicly or
privately owned entity that operates, for the
transportation of persons for hire, 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 air, or that operates a
school bus.
f) "On the property of" is defined as the entire station
where public transportation is available, including the
parking lot reserved for the public who utilize the
transportation system.
7)Provides that every 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,
AB 2324
Page 10
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.)
8)Orders defendants found guilty of murder in the first degree
to confinement in state prison for a term of life without the
possibility of parole in any case in which any of the
following special circumstances has been charged and specially
found to be true: the victim was the operator or driver of a
bus, taxicab, streetcar, cable car, trackless trolley, or
other motor vehicle operated on land, 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 the victim was a station agent or ticket agent for the
entity providing such transportation, who, while engaged in
the course of the performance of his or her duties was
intentionally killed, and such defendant knew or reasonably
should have known that such victim was the operator or driver
of a bus, taxicab, streetcar, cable car, trackless trolley, or
other motor vehicle operated on land, 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 was a station agent or ticket agent for the entity
providing such transportation, engaged in the performance of
his or her duties. (Penal Code Section 190.25.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "In the
aftermath of the terrorist attacks on September 11, 2001,
California made several changes to the Penal Code to address
gaps in state law that deal with trespassing and possessing
certain weapons at airports and seaports. Over time, these
laws were expanded to include certain public buildings and
other facilities, but trains and bus terminals were not
included at that time. AB 2324 gives law enforcement the
tools necessary to strengthen security for buses, trains and
other public transportation systems in California by
prohibiting the possession of dangerous weapons in certain
areas of a public transit facility and prohibits a person from
AB 2324
Page 11
intentionally engaging dangerous activities that can
jeopardize the safety of transit operators, passengers and the
public."
2)Background : According to information provided by the author,
"The Los Angeles County Sheriff's Department and other law
enforcement agencies that provide public safety services to
public transit agencies have expressed significant concerns
over the safety of California's public transit systems.
Current law does not provide for adequate protection from
illegal weapons and dangerous or illegal behaviors on public
transit systems.
"First, there is no state law that prohibits an individual who
is carrying certain weapons from accessing a public transit
system. More and more law enforcement agencies are coming
across people entering public transit facilities that are
armed with dangerous weapons. To address this concern, AB
2324 creates a definition for a 'sterile area' for public
transit systems like light rail, rail, and bus terminals,
which is similar to the sterile areas used for airports and
seaports. This bill further prohibits specified weapons
within this sterile area and prohibits trespassing into these
sterile areas for public transit facilities.
"Second, numerous employees of the Los Angeles County
Metropolitan Transportation Authority (MTA) have been
criticizing current law that does not adequately address the
penalties for crimes committed on buses and light rail. An
example of this is that under current law, possession of an
'explosive' or 'flammable liquid' is only an infraction.
Similarly, the MTA bus drivers have complained that passengers
often times disturb passengers and drivers or willfully
destroy public transit vehicle equipment which is only an
infraction. This bill seeks to address these concerns by
making these offenses misdemeanors consistent with other
provisions of law.
"A third area of concern is the need to adjust the current fare
evasion schedule (Penal Code Section 640). In San Francisco,
the Bay Area Rapid Transit (BART) and the San Francisco
Municipal Railway (Muni) report losses of over $17 million a
year in fare evasion. The MTA reports over $5 million lost in
fare evasion despite citing over 45,000 people a year for fare
evasion. The Sacramento Police Department reports that they
AB 2324
Page 12
have cited over 25,000 people last year for fare evasion.
Although this bill does not propose an increase in fine for
the first two citations, it does modify the penalty for a
third and subsequent conviction. Currently in Los Angeles,
the fare evasion schedule is $25 dollars for the first
offense, $50 for a second and $100 for a third offense. This
bill would amend Section 640 to reflect this new fare evasion
change as well as clearly defining the crime of fare evasion."
3)Argument in Support : According to the Los Angeles County
Sheriff's Department , "[T]he security of public transportation
is a critical issue and an important component of our Homeland
Security.
"Under current law, only airports and sea ports enjoy statutory
provisions to ensure safer environments for employees and
passengers. Sterile areas have been created and weapons
prohibitions have been put into place to protect these
operations. Prohibitions have also been established for
persons who intentionally bypass screening and inspection when
entering a sterile area.
"This bill would create sterile areas and weapons prohibitions
for a public transit vehicle station. This bill would also
prohibit a person from intentionally avoiding submission to
screening and inspection when entering a sterile area in a
public transit vehicle station. This will create a safer
environment for those who patronize or work in the public
transit system.
"This bill will also increase penalties for repeat fare evasion
offenders. The first and second violation for fare evaders
will remain the same, but for the third violation, the penalty
would have an increased fine. Additionally, other violations
under the transit section (California Penal Code Section 640),
such as a willful disturbance and carrying an explosive or
acid, will be upgraded from infractions to misdemeanors,
notwithstanding any other provision of law.
"This bill will go a long way to ensure safety and security for
all patrons of the public transportation system. All around
the world, public transportation systems have been a target
for terrorist attacks. Israel, Britain, Spain, and Iraq are
just a few counties that have suffered greatly with scores of
people injured or killed as a result of attacks on public
AB 2324
Page 13
transportation systems. Recently, in the United States, a man
affiliated with terrorist organizations, plead [sic] guilty to
conspiring to detonate explosives in the New York City subway
system. It is absolutely the time for us to take action and
do what we can to prevent these tragic events from occurring
in California."
4)Related Legislation : SB 1320 (Hancock) allows the
Alameda-Contra Costa Transit District to adopt and enforce an
ordinance to impose and enforce civil administrative penalties
for fare evasion or passenger misconduct, other than by
minors, on or in a transit facility or vehicle in lieu of the
criminal penalties, with specified administrative adjudication
procedures for the imposition and enforcement of the
administrative penalties. SB 1320 is set to be heard by the
Senate Committee on Transportation and Housing today.
5)Prior Legislation :
a) SB 584 (Soto), Chapter 378, Statutes of 2005, expanded
existing misdemeanor trespass laws to specifically prohibit
intentionally avoiding the screening and inspection
procedures applicable to courthouses or a city, county,
city and county or state building, as specified.
b) AB 280 (Oropeza), Chapter 289, Statutes of 2005,
prohibited a person from knowingly possessing specified
weapons and other items within any sterile area of a
harbor.
c) AB 1263 (Benoit), Chapter 361, Statutes of 2003, made it
a trespass to intentionally avoid the screening and
inspection of one's person or property when entering the
sterile area of an airport.
d) SB 510 (Scott), Chapter 608, Statutes of 2002, made it a
misdemeanor to possess specified weapons and/or parts, or
ammunition within a "sterile area" of an airport, as
defined.
REGISTERED SUPPORT / OPPOSITION :
Support
Los Angeles County Sheriff's Department (Sponsor)
AB 2324
Page 14
California State Sheriffs' Association
Opposition
None
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
319-3744