BILL ANALYSIS
AB 2324
Page 1
ASSEMBLY THIRD READING
AB 2324 (John A. Perez)
As Amended May 10, 2010
Majority vote
PUBLIC SAFETY 6-0 APPROPRIATIONS 14-0
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|Ayes:|Ammiano, Beall, Gilmore, |Ayes:|Fuentes, Conway, Ammiano, |
| |Hill, Portantino, Skinner | |Coto, Davis, Bonnie |
| | | |Lowenthal, Hall, Harkey, |
| | | |Miller, Nielsen, Skinner, |
| | | |Solorio, Torlakson, Hill |
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SUMMARY : Creates new misdemeanors and recasts fines and
punishments for crimes committed in a public transit facility.
Specifically, this bill :
1)Defines "public transit facility" to mean 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" means any portion of a public transit
facility that is generally controlled in a manner consistent
with the public transit authority's security plan.
3)Defines "firearm" to have the same meaning as specified under
existing law.
4)Provides it is unlawful for any person to knowingly possess
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within any sterile area of a public transit facility any of
the following, if the sterile area is posted with a statement
providing reasonable notice that prosecution may result from
possession of these items:
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.
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 undetectable knife, as described under existing law.
5)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 defined under existing law.
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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 qualified law enforcement officer of another state or
the federal government, as permitted under the Law
Enforcement Officers Safety Act pursuant to Section 926B or
926C of Chapter 44 of Part 1 of Title 18 of the United
States Code.
e) Any person summoned by any of the officers, to assist in
making arrests or preserving the peace while he or she is
actually engaged in assisting the officer.
f) 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.
6)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.
7)Allows a person to possess a tear gas weapon within at transit
facility if he or she is permitted to carry such item under
existing law.
8)Provides that a violation of this section is punishable by
imprisonment in a county jail for a period not exceeding six
months, or by a fine not exceeding $1,000, or by both that
fine and imprisonment.
9)States that the provisions of this section 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.
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10)Allows for prosecution under any other provision of law that
may provide a greater punishment.
11)Creates a trespass when any unauthorized person knowingly
enters, an airport operations area, passenger vessel terminal,
or 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) A fine not exceeding $100.
b) By imprisonment in the county jail not exceeding six
months, or by a fine 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.
12)Provides "authorized personnel" to also mean any person who
has a valid public transit employee identification.
13)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 sterile area of
an airport, passenger vessel terminal, or public transit
facility, if the sterile area is posted with a statement
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providing reasonable notice that prosecution may result from a
trespass described in this subdivision, is a violation of this
subdivision, 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.
14)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 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, roller
blading, or operating an electronic personal assistive
mobility device (EPAMD) or similar device as defined in
Section 313 of the Vehicle Code, or a motorized scooter or
similar device as defined in Section 407.5 of the Vehicle
Code 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
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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
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.
15)Prohibits eating or drinking in or on a system facility or
vehicle in those areas where those activities are prohibited
by that system shall be 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.
16)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,
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e) Willfully tampering with, removing, displacing,
injuring, or destroying any part of any light rail train or
bus equipment.
17)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,
c) A leased or rented facility or vehicle which incurs
costs of cleanup, repair, or replacement as a result of any
of those acts.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, 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 : 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 intentionally engaging dangerous activities that can
jeopardize the safety of transit operators, passengers and the
public."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
AB 2324
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319-3744
FN: 0004282