BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 406
                                                                  Page  1

          Date of Hearing:   July 6, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                       SB 406 (Liu) - As Amended:  June 1, 2011

          Policy Committee:                              Public 
          SafetyVote:   7-0

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              No

           SUMMARY  

          This bill adds security officers and custody assistants, as 
          defined, to the list of public safety officers that triggers a 
          greater penalty when they are the victim of simple battery. (The 
          list includes peace officers, firefighters, lifeguards, 
          physicians or nurses providing emergency care, animal control, 
          code enforcement, etc.)  Specifically, this bill:   

          1)Provides that battery on a security officer or and custody 
            assistant engaged in the performance of his or her duties, 
            when the offender should know that the victim is a security 
            officer or and custody assistant engaged in the performance of 
            his or her duties, is punishable by a fine of up to $2,000 
            and/or up to one year in county jail. (Unless otherwise 
            specified, battery is punishable by a fine of up to $2,000 
            and/or six months in county jail.)

          2)Defines custody assistant as any person who assists peace 
            officers in maintaining security in detention facilities, as 
            specified, and is employed by a local law enforcement agency, 
            or who performs those duties as a volunteer.

          3)Defines security officer as any person who provides security 
            at locations or facilities owned, operated, or administered by 
            a local government, and who is employed by a local law 
            enforcement agency.   

          FISCAL EFFECT

           No state impact. Likely negligible non-reimbursable local costs 
          for increased county incarceration, potentially offset by a 








                                                                  SB 406
                                                                  Page  2

          negligible increase in fine revenue. 
           
          COMMENTS

          1)Rationale.  The author contends security officers and custody 
            assistants merit the same status as various other safety 
            officers, in terms of an enhanced misdemeanor penalty when 
            they are battery victims. 
           
          2)Current law  defines battery as a willful and unlawful use of 
            force against another person.  

           3)Related Legislation  . SB 390 (La Malfa), also before the 
            committee today, provides a similar penalty increase for 
            assault or battery against search and rescue personnel. 

             Analysis Prepared by :    Geoff Long / APPR. / (916) 319-2081