BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 406|
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UNFINISHED BUSINESS
Bill No: SB 406
Author: Liu (D)
Amended: 6/1/11
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/26/11
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 38-0, 5/19/11
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De Le�n, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Harman, Huff,
Kehoe, La Malfa, Leno, Lieu, Liu, Lowenthal, Padilla,
Pavley, Price, Rubio, Runner, Simitian, Steinberg,
Strickland, Vargas, Walters, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Hernandez, Negrete McLeod
ASSEMBLY FLOOR : 76-0, 7/14/11 (Consent) - See last page
for vote
SUBJECT : Battery: security officers and custodial
officers
SOURCE : Los Angeles County Professional Peace Officers
Assoc.
DIGEST : This bill includes custody assistants and
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security officers, as defined, in a special misdemeanor
battery section under which defendants who commit a simple
battery against specified public officials and private
professionals are punished by a jail term of up to one year
and an enhanced fine of up to $2,000.
Assembly Amendments add double-jointing language.
ANALYSIS : Existing law defines a battery as "any willful
and unlawful use of force or violence upon the person of
another." (Penal Code Section 242.)
Existing law provides that simple battery (battery not
causing injury requiring medical attention) is a
misdemeanor punishable by a county jail term of up to six
months, a fine of up to $1000, or both. (Penal Code
Section 242.)
Existing law provides that battery producing "serious
bodily injury," as defined, is an alternate
felony-misdemeanor, punishable by imprisonment in the
county jail for up to one year, a fine of up to $1000 or
both, or by imprisonment in state prison for two, three or
four years and a fine of up to $10,000. (Penal Code
Section 243, subd. (d).)
Existing law defines serious bodily injury as a serious
impairment of physical condition, including, but not
limited to loss of consciousness; concussion; bone
fracture; protracted loss or impairment of function of any
bodily member or organ; a wound requiring extensive
suturing; and serious disfigurement. (Penal Code Section
243, subd. (f)(4).)
Existing law provides that where the victim of a simple
battery is a custodial officer, traffic officer,
firefighter, EMT, physician or nurse providing emergency
care, lifeguard, process server, traffic officer, code
enforcement officer, or animal control officer engaged in
the performance of his/her duties, the crime is a
misdemeanor, punishable by a county jail term of up to one
year, a fine of up to $2000, or both. The fact that the
defendant knew, or should have known, the status of the
victim is an element of this crime. (Penal Code Section
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243, subd. (b).)
Existing law provides that where the victim of a battery is
a custodial officer, traffic officer, firefighter, EMT,
physician or nurse providing emergency care, lifeguard,
process server, traffic officer, code enforcement officer,
or animal control officer engaged in the performance of
his/her duties, and an injury is inflicted on the victim,
the crime is an alternate felony-misdemeanor, punishable by
a county jail term of up to one year, a fine of up to
$2000, or both, or by a prison term of 16 months, two years
or three years and a fine of up to $10,000. The fact that
the defendant knew, or should have known, the status of the
victim is an element of this crime. (Penal Code Section
243, subd. (c).)
Existing law provides that when a battery is committed
against an operator of or passenger on a bus, taxicab,
streetcar, cable car, trackless trolley, or other motor
vehicle, as specified, or against a schoolbus driver, or
against a station agent or ticket agent for the entity
providing the transportation, and the person who commits
the offense knows or reasonably should know the status of
the victim, the offense shall be punished by a fine not
exceeding ($10,000), or by imprisonment in a county jail
not exceeding one year, or by both that fine and
imprisonment. Where the victim suffers an injury, the
offense is an alternate felony-misdemeanor, punishable by a
fine of up to $10,000, a prison term of 16 months, two
years or three years, or by a jail term of up to one year.
(Penal Code Section 243.3.)
Existing law defines the powers and duties of a sheriff's
or police security officer as follows:
The primary duty of a security officer is security
of locations or facilities as directed by the sheriff
or chief of police.
A security officer is a public officer, employed by
the sheriff or police chief.
A security office is not a peace officer or public
safety officer.
A security officer must complete peace officer
training, as described in Penal Code Section 832.
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A security officer may possess a firearm and other
safety equipment or weapons authorized by the sheriff
or police chief while performing duties.
A security officer may not exercise peace officer
powers of arrest.
A security officer may issue citations for
infractions if so authorized by the sheriff of police
chief.
A security officer may only exercise his/her
authority while on duty. (Penal Code Section 831.4.)
Existing law defines the powers and duties of a custody
assistant as follows:
A custody assistant is an employee of the sheriff's
department who assists peace officer personnel in
maintaining order and security in a jail, court
detention, or station jail facility.
A custody assistant in not a peace officer.
A custody assistant may not carry or possess
firearms while performing duties.
A custody assistant shall complete a training
course specified by the sheriff.
A custody assistant shall meet the selection and
training standards of the Corrections Standards
Authority as provided by Penal Code Section 6035.
A custody assistant may use reasonable force in
maintaining custody of persons.
A custody assistant is authorized to assist in
supervising inmates at daily activities, such as
meals, bathing, recreation, rehabilitation and
operational activities.
A custody assistant may assist in processing
inmates for court appearances and other purposes.
A custody assistant may fingerprint or photograph
inmates, interview inmates for housing classification
and may secure inmates' property. (Penal Code Section
831.7.)
This bill provides that assault or "simple" battery on a
custody assistant or security officer is punishable by a
jail term of up to one year and a fine of up to $2,000.
This bill defines a security officer as any person who has
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the duties and responsibilities described in Penal Code
Section 831.4 (which defines the status of a security
officer) and who is employed by a law enforcement agency of
any city, county or city and county.
This bill defines a custody assistant as any person who has
the responsibilities and duties described in Penal Code
Section 831.7 (which defines custody assistants) and who is
employed by a law enforcement agency of city, county, or
city and county.
This bill is double-jointed with AB 109 (Assembly Budget
Committee) and SB 390 (La Malfa).
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 7/19/11)
Los Angeles County Professional Peace Officers' Association
(source)
Association of Los Angeles Deputy Sheriffs
California Police Chiefs Association
East Bay Municipal Utility District
Los Angeles County Sheriff
Peace Officers Research Association of California
Riverside Sheriffs Association
OPPOSITION : (Verified 7/19/11)
California Coalition for Women Prisoners
Legal Services for Prisoners with Children
ARGUMENTS IN SUPPORT : According to the author's office,
this legislation will deter assaults and batteries against
custody assistants and security officers. In particular,
prosecutors may seek stronger enhanced misdemeanor
penalties if an assistant or security officer is assaulted
or struck.
The Los Angeles County Professional Peace Officers
Association requested this legislation. In Los Angeles
County, security officers are required to carry firearms
and perform a range of duties. For example, they operate
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metal detectors at court houses and patrol some community
college campuses. The officers search individuals for
weapons or contraband, and they can detain someone for
further investigation or arrest if necessary. Custody
assistants perform related roles. These duties put the
officers in positions where they might be attacked. The
Legislature in past years has added several other
categories of public safety personnel to the applicable
Penal Code sections to recognize the risks faced by these
employees and to increase punishment against offenders.
The law currently covers firefighters, emergency medical
technicians, lifeguards, process servers, traffic officers,
code enforcement officers, animal control officers, and
probation department employees. This bill defines security
officers and custody assistants and adds them to the
misdemeanor provisions of the applicable code sections.
ARGUMENTS IN OPPOSITION : The California coalition for
Women Prisoners opposes this bill and writes, "Our vision
of public safety is more than a lock and key. We believe
that the escalation of tough-on-crime policies over the
past three decades has not made us safer. We believe that,
in order to build truly safe and healthy communities, we
must ensure that all people have access to adequate housing
quality health care and education, meaningful work and the
ability to fully participate in the democratic process.
"If passed, SB 406 would increase the jail and prison
sentences that persons who commit a minor battery on
custody assistants (including volunteers) and security
officers would be subject to. Battery is defined as an
"un-consented toughing." It can be the lightest touch
possible. No injury is required. Spilling water on
someone can be construed to be a battery. Battery of jail
or prison personnel is subject to immediate physical
retribution as well as administrative sanctions.
Additional criminal sanctions to those already in place
will not provide additional protection.
"Existing law provides a maximum six-month sentence for
such an offense. However, harsher penalties are available
when the person touched is a law 3nforcemt officer. The
maximum sentence for such a misdemeanor touching is one
year. (Penal Code section 243(c)(1). Going one step
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further, a battery against such persons which results in
"injury" may be charged as a felony, and a sentence of 16
month, 2 year or three years in state prison may be
imposed. (Penal Code section 243(c)(1). However, only a
slight injury is required. In certain cases, a sentence of
25 years to life may be imposed, where this felon
constitutes a third strike.
"This bill unnecessary in the promotion of public safety
and creates more opportunity to incarcerate for
disproportionate lengths of time to the gravity of the
offense. Given the discriminatory manner in which
communities of color are targeted, charged, convicted and
sentenced, this legislation further entrenches
institutional racism leading to an unstable and unsafe
society.
"CCWP opposes the expansion of this harsher penalty
structure to include those persons who may batter "custody
assistants" and "security officers". This bill will not
protect this group of people from being battered. No one
who is bent on hitting a custody assistant will be deterred
because the penalty is now increased."
ASSEMBLY FLOOR : 76-0, 7/14/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Galgiani, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Roger Hern�ndez, Hill, Huber, Hueso,
Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie
Lowenthal, Ma, Mansoor, Mendoza, Miller, Monning,
Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V.
Manuel P�rez, Portantino, Silva, Skinner, Smyth, Solorio,
Swanson, Torres, Valadao, Wagner, Wieckowski, Williams,
Yamada, John A. P�rez
NO VOTE RECORDED: Beth Gaines, Garrick, Gorell, Mitchell
RJG:do 7/19/11 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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