BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2324|
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THIRD READING
Bill No: AB 2324
Author: John A. Perez (D)
Amended: 6/10/10 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/22/10
AYES: Leno, Cedillo, Hancock, Huff, Steinberg, Wright
NO VOTE RECORDED: Cogdill
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 77-0, 5/13/10 - See last page for vote
SUBJECT : Public transit facilities
SOURCE : Los Angeles County Sheriffs Department
DIGEST : This bill: (1) establishes sterile areas within
public transit facilities and prohibit possession of
specified items within those areas; (2) expands the crime
of trespass to include unauthorized entry into a public
transit facility, as defined; (3) creates a new crime of
intentionally avoiding security screening at a public
transit facility; (4) and increases penalties for specified
acts of misconduct committed on or in a facility or vehicle
of a public transportation system, as specified.
ANALYSIS : Existing law states that persons who
intentionally avoid submission to the screening and
inspection of one's person and accessible property in
CONTINUED
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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).)
Existing law 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.)
Existing law 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):
1. Carries any explosive or destructive device on any
vessel, aircraft, car, or other vehicle that transports
passengers for hire.
2. 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.
3. Places any explosive or destructive device in any
baggage which is later checked with any common carrier.
Existing law provides that when an assault is committed
against any person on the property of, or on a motor
vehicle of, a public transportation provider, as defined,
the offense shall be punished by a fine not to exceed
$2,000, or up to one year in county jail, or both. (Penal
Code section 241.3.)
Existing law provides that 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,
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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. (Penal Code section 245.2.)
Existing law provides that murder in the first degree is
punishable by 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.)
This bill 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
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transit system. A public transit system includes the
vehicles used in the system, including, but not limited to,
motor vehicles, streetcars, trackless trolleys, buses,
light rail systems, rapid transit systems, subways, trains,
or jitneys, that transport members of the public for hire.
This bill 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.
This bill provides it is a misdemeanor, punishable by up to
six months in county jail, or by a fine of up to $1,000, or
both, for any person to knowingly possess within any
sterile area of a public transit facility, if the sterile
area is posted with a statement providing reasonable notice
that prosecution may result from possession of these items,
any of the following:
1. Any firearm;
2. Any imitation firearm as defined under existing law;
3. 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;
4. Any metal military practice hand grenade;
5. Any metal replica hand grenade;
6. Any plastic replica hand grenade;
7. Any unauthorized tear gas weapon;
8. Any taser or stun gun, as defined under existing law;
and,
9. Any undetectable knife, as described under existing law.
This bill exempts the following people from the
prohibitions stated above:
1. A duly appointed peace officer, as defined under
existing law;
2. A retired peace officer with authorization to carry
concealed weapons as described under existing law;
3. A full-time paid peace officer of another state or the
federal government who is carrying out official duties
while in California;
4. A qualified law enforcement officer of another state or
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the federal government, as permitted under the Law
Enforcement Officers Safety Act, as specified;
5. 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,
6. 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.
This bill permits 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,
as specified, and is carrying the handgun in accordance
with that exemption.
This bill permits 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, as specified.
This bill provides that these 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.
This bill specifically allows for prosecution under any
other provision of law that may provide greater punishment.
Trespass
Existing law provides that it is 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
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person shall be punished as follows:
1. By a fine not exceeding $100.
2. By imprisonment in the county jail not exceeding 6
months, a fine of $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.
3. 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. (Penal Code section
602(u).)
This bill expands the definition of a trespass to include
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
penalties for this offense would remain the same as
existing law:
1. By a fine not exceeding $100.
2. 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.
3. 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.
This bill defines "facility or vehicle of a public
transportation system" as any of the following:
1. A facility or vehicle of a public transportation system
as defined under existing law;
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2. A facility of, or vehicle operated by any entity
subsidized by, the Department of Transportation; or,
3. A leased or rented facility or vehicle which incurs
costs of cleanup, repair, or replacement as a result of
any of those acts.
Security Screening Evasion and Fare Evasion
Existing law provides the following acts are 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):
1. 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.
2. Misuse of a transfer, pass, ticket, or token with the
intent to evade the payment of a fare.
3. Playing sound equipment on or in a system facility or
vehicle.
4. Smoking, eating, or drinking in or on a system facility
or vehicle in those areas where those activities are
prohibited by that system.
5. Expectorating upon a system facility or vehicle.
6. Willfully disturbing others on or in a system facility
or vehicle by engaging in boisterous or unruly behavior.
7. Carrying an explosive or acid, flammable liquid, or
toxic or hazardous material in a public transit facility
or vehicle.
8. 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.
9. Willfully blocking the free movement of another person
in a system facility or vehicle.
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10.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.
11.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.
This bill provides 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 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.
This bill recasts Penal Code section 640 to provide the
following penalties for the following acts committed on or
in a facility or vehicle of a public transportation system,
as defined:
Straight Infraction , punishable by a fine not to exceed
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$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:
1. Playing sound equipment on or in a system facility or
vehicle.
2. Smoking, eating, or drinking in or on a system facility
or vehicle in those areas where those activities are
prohibited by that system.
3. Disturbing another person by loud or unreasonable noise.
4. Expectorating upon a system facility or vehicle.
5. Skateboarding, roller skating, bicycle riding,
rollerblading or [operating a] motorized scooter or
similar device, as specified, 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.
Infraction upon a first or second violation , 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 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:
1. Evasion of the payment of a fare of the system,
including entering an enclosed area of a public transit
facility beyond posted signs prohibiting entrance
without obtaining valid fare, in addition to entering a
vehicle without valid fare.
2. Misuse of a transfer, pass, ticket, or token with the
intent to evade the payment of a fare.
3. Unauthorized use of a discount ticket or failure to
present, upon request from a transit system
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representative, acceptable proof of eligibility to use a
discount ticket and posted system identification
policies when entering or exiting a transit station or
vehicle.
4. 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.
Straight Misdemeanor , 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:
1. Willfully disturbing others on or in a system facility
or vehicle by engaging in boisterous or unruly behavior;
2. Carrying an explosive, acid, or inflammable liquid in a
public transit facility or vehicle;
3. 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;
4. Willfully blocking the free movement of another person
in a system facility, as specified; and,
5. Willfully tampering with, removing, displacing,
injuring, or destroying any part of any light rail train
or bus equipment.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/2/10)
Los Angeles County Sheriff's Department (source)
California State Sheriffs' Association
California Transit Association
Los Angeles District Attorney's Office
Sacramento Regional Transit District
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Santa Clara Valley Transportation Authority
ARGUMENTS IN SUPPORT : According to the author's office:
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
possessing certain weapons at airports and seaports.
Over time, these laws were expanded to include certain
public buildings and other facilities, but public
transit facilities were not included at that time.
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
currently used in airports and seaports. This bill
further authorizes law enforcement agencies to create
sterile areas as part of their security plans and
prohibit specified weapons and trespassing in these
sterile areas.
Second, numerous employees of the Los Angeles County
Metropolitan Transportation Authority (MTA) have
criticized the inadequate 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
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complained that passengers often 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 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.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Blakeslee, Block,
Blumenfield, Bradford, Brownley, Buchanan, Caballero,
Charles Calderon, Carter, Chesbro, Conway, Cook, Coto,
Davis, De La Torre, De Leon, DeVore, Emmerson, Eng,
Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani,
Gaines, Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey,
Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,
Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,
Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Silva, Smyth, Solorio, Audra Strickland,
Swanson, Torlakson, Torres, Torrico, Tran, Villines,
Yamada, John A. Perez
NO VOTE RECORDED: Norby, Skinner
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RJG:nl 8/3/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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