BILL ANALYSIS �
SB 406
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Date of Hearing: June 14, 2011
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 406 (Liu) - As Amended: June 1, 2011
SUMMARY : Increases the penalty for a battery committed against
a security officer or a custody assistant engaged in the
performance of his or her duties when the person committing the
offense knows or reasonably should know that the victim is a
security officer or custody assistant engaged in the performance
of his or her duties. Specifically, this bill :
1)Makes a battery committed against the person of a security
officer or custody assistant in the performance of his or her
duties, and the person committing the offense knows or
reasonably should know that the victim is a search and engaged
in the performance of his or her duties the offense shall be
punished by a fine not exceeding $2,000, by imprisonment in a
county jail not exceeding one year, or by both that fine and
imprisonment.
2)Defines "custody assistant" as any person who assists peace
officer personnel in maintaining order and security in
detention facilities, as specified, and who is employed by a
law enforcement agency of any city, county, or city and county
or who performs those duties as a volunteer.
3)Defines "security officer" as any person who provides security
at locations or facilities owned, operated, controlled, or
administered by a county, city or municipality, and who is
employed by a law enforcement agency of any city, county, or
city and county.
4)Includes language to avoid chaptering out conflicting
measures.
EXISTING LAW :
1)Defines "battery" as any willful and unlawful use of force or
violence upon the person of another. (Penal Code Section
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242.)
2)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. �Penal Code Section 243(a).]
3)Provides that when a battery is committed against the person
of a custodial officer, firefighter, emergency medical
technician (EMT), physician or nurse providing emergency care,
lifeguard, process server, traffic officer, or animal control
officer 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 custodial officer, firefighter, EMT,
physician or nurse providing emergency care, lifeguard,
process server, traffic officer, code enforcement officer, or
animal control officer the battery is punishable by up to one
year in the county jail, by a fine of up to $2,000, or by
both a fine and imprisonment. If the victim suffers an injury
requiring medical care, the crime is an alternate felony
misdemeanor, punishable by up to one year in the county jail,
by a fine of up to $2,000, by both a fine and imprisonment, or
by 16 months, 2 or 3 years in state prison. �Penal Code
Sections 243(c).]
4)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 imprisonment in the state prison for two, three,
or four years. �Penal Code Section 243(d).]
5)States battery upon a peace officer engaged in the performance
of his or her duties is punishable by imprisonment in a county
jail not to exceed one year or in the state prison for 16
months, 2 or 3 years, by a fine not to exceed $10,000, or by
both a fine and imprisonment. �Penal Code Section 243(c)(2).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "This bill is
sponsored by the Los Angeles County Professional Peace
Officers Association and Los Angeles County Sheriff Lee Baca.
"In Los Angeles County, security officers are required to carry
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firearms and perform a range of duties, including operating
metal detectors at court houses and patrolling community
college campuses. In addition, security officers maintain
alarm systems and electronic surveillance equipment and
respond to burglar alarms or other alarms. Custody assistants
perform related roles.
"The Legislature in past years has added several other
categories of public safety personnel to this Penal Code
Section to recognize the risks faced by these employees and to
increase punishment against offenders. Security Officers and
Custody Assistants deserve equal treatment."
2)Related Legislation : SB 390 (LaMalfa) increases the penalties
for assault and battery committed against a search and rescue
member engaged in the performance of his or her duties. SB
390 will be heard by this Committee today.
3)Prior Legislation :
a) SB 409 (Lowenthal), Chapter 410, Statutes of 2009,
increased the penalties for assault and battery against the
person of a highway worker engaged in the performance of
his or her duty.
b) AB 1686 (Leno), Chapter 243, Statutes of 2007, increased
the fine from $1,000 to $2,000 when an assault is committed
against a parking control officer in the performance of his
or her duty.
REGISTERED SUPPORT / OPPOSITION :
Support
Los Angeles County Sheriff's Department (Co-Sponsor)
Association of Los Angeles Deputy Sheriffs
California Police Chiefs Association
Los Angeles County Professional Peace Officers Association
Peace Officer Research Association
Riverside Sheriffs' Association
Opposition
California Coalition for Women Prisoners
Legal Services for Prisoners with Children
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Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744