BILL ANALYSIS
AB 2324
Page 1
Date of Hearing: April 28, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2324 (John A. Perez) - As Amended: April 5, 2010
Policy Committee: Public
SafetyVote: 6-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill creates a series of misdemeanor offenses and recasts
penalties for existing offenses committed within public transit
facilities. Specifically, this bill:
1)Creates a misdemeanor, mirroring current penalties for similar
offenses in an airport or passenger vessel terminal area,
punishable by up to six months in county jail and/or a fine of
up to $1,000, to knowingly possess specified weapons or
facsimiles.
2)Adds public transit facilities to the infraction/misdemeanor
trespass statute that prohibits trespass in an airport or
passenger vessel terminal area posted with notices restricting
access, as specified.
3)Adds public transit facilities to the statute that penalizes
evading screening/inspection facilities or processes within
the "sterile area" of an airport or passenger vessel terminal,
and recasts the penalties as follows:
a) Current law makes it a misdemeanor, punishable by up to
one year in county jail and/or a fine of up to $1,000 to
intentionally avoid screening and inspection of person and
property when that avoidance results in evacuation of a
passenger vessel terminal and delays or cancellations of
scheduled flights. The sterile area must be posted with a
statement providing notice that prosecution may result from
trespass.
AB 2324
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b) This bill makes a first offense of avoiding a security
screening an infraction, with no requirement of flight
delays or evacuation, and no posting requirement,
punishable by a fine of up to $500. A second offense is a
misdemeanor, punishable by up to one year in county jail
and/or a fine of up to $1,000. This bill does not change
the penalty for avoidance that results in evacuation and
flight delays.
4)Increases the existing $250 infraction and 48-hour community
service penalty for a third or subsequent violation of a
series of existing offenses committed in or on public transit
systems to a misdemeanor, punishable by up to 90 days in
county jail and/or a fine of up to $400. These offenses
include: fare evasion, playing sound equipment, smoking,
eating or drinking, spitting, skateboarding, skating, and bike
riding.
5)Increases the existing $250 infraction and 48-hour community
service penalty for boisterous, disturbing behavior, carrying
an explosive or hazardous material, urinating or defecating,
or tampering with transit equipment in a public transit
system, to a misdemeanor, punishable by up to 90 days in
county jail and/or a fine of up to $400.
FISCAL EFFECT
Unknown, potentially significant nonreimbursable local law
enforcement and incarceration costs, offset to a degree by
increased fine revenue, to the extent local authorities charge
under the new misdemeanor sections. It is likely that in many,
if not most cases, however, the prosecution will pursue fines
rather than county jail time.
COMMENTS
1)Rationale . Current law provides specific security provisions
to airports. The author's intent is to apply parallel
protections to public transit facilities such as bus stations
and light rail.
AB 2324
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According to the bill sponsor, the L.A. Sheriffs Department,
"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, such as a willful
disturbance and carrying an explosive or acid, will be
upgraded from infractions to misdemeanors, notwithstanding any
other provision of law. "
2)Suggested Amendments .
a) In order for prosecution to ensue, require the sterile
area of a public transit area be posted with a statement
providing notice that prosecution may result from
possessing specified items within the area.
b) Apply the existing posting requirement for prosecuting
screening avoidance that results in evacuation or delayed
flights to all screening avoidance.
c) Create a new subdivision for the offense of eating or
drinking in a public transit system to maintain these
repeat offenses as infractions rather than as misdemeanors.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081