BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1154|
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THIRD READING
Bill No: SB 1154
Author: Hancock (D)
Amended: 3/24/14
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 4/1/14
AYES: Hancock, Anderson, Liu, Mitchell, Steinberg
NO VOTE RECORDED: De Le�n, Knight
SENATE APPROPRIATIONS COMMITTEE : 5-0, 4/28/14
AYES: De Le�n, Gaines, Hill, Lara, Steinberg
NO VOTE RECORDED: Walters, Padilla
SUBJECT : Peace officers
SOURCE : San Francisco Bay Area Rapid Transit District
DIGEST : This bill extends the sunset date that allows the San
Francisco Bay Area Rapid Transit District (BART) to issue
prohibition orders and clarifies that BART police officers have
the authority to request Emergency Protective Orders (EPOs), and
take temporary custody of firearms or deadly weapons while
conducting domestic investigations.
ANALYSIS :
Existing law:
1.Allows BART, until January 1, 2015, to issue prohibition
orders banning persons from entering the property, facilities,
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or vehicles of the transit district for determined periods of
time for specified offenses. Specifically, existing law
allows BART to issue a prohibition order to a person who has
been cited on at least three separate occasions within a
period of 90 days for any of the following infractions
committed in or on a transit vehicle, bus stop, or station of
the transit district:
A. Interfering with the operator or operation of a transit
vehicle, or impeding the safe boarding or alighting of
passengers.
B. Committing any act or engaging in any behavior that may,
with reasonable foreseeability, cause harm or injury to any
person or property.
C. Willfully disturbing others on or in a transit facility
or vehicle by engaging in boisterous or unruly behavior.
D. Carrying an explosive or acid, flammable liquid, or
toxic or hazardous material in a public transit facility or
vehicle.
E. Urinating or defecating in a transit facility or
vehicle, except in a lavatory.
F. Willfully blocking the free movement of another person
in a transit facility or vehicle.
G. Defacing with graffiti the interior or exterior of the
facilities or vehicles of a public transportation system.
1.Allows BART to issue a prohibition order to a person who has
been arrested or convicted once for any of the following
misdemeanors or felonies committed in or on a vehicle, bus
stop, or station of the transit district:
A. Acts involving violence, threats of violence, lewd or
lascivious behavior, or possession or sale of any illegal
substance.
B. Loitering with the intent to engage in drug-related
activity.
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C. Loitering with the intent to commit prostitution.
The maximum duration of a prohibition order is as follows:
A. 30 days for a first order, 90 days for a second order
within one year, and 180 days for a third order within one
year related to infractions.
B. 30 days if issued pursuant to an arrest for a
misdemeanor or felony offense. Upon conviction for the
offense, the order may be extended to a total of 180 days
for a misdemeanor and one year for a felony.
1.Requires BART to establish an advisory commission that is
tasked, among other things, with monitoring the issuance of
prohibition orders to ensure compliance with
anti-discrimination laws and with providing the governing
board of the transit district and the Legislature with an
annual report on the program.
2.Allows peace officers, to request that a judicial officer
issue an ex parte emergency protective order. In the request,
the peace officer must assert reasonable grounds to believe
that a person is in immediate and present danger of stalking
based upon the person's allegation that he/she has been
willfully, maliciously, and repeatedly followed or harassed by
another person who has made a credible threat with the intent
of placing the person who is the target of the threat in
reasonable fear for his/her safety.
3.Requires certain peace officers, who are at the scene of a
domestic violence incident involving a threat to human life or
a physical assault, or who are serving a protective order as
specified, to take temporary custody of any firearm or other
deadly weapon in plain sight, or discovered pursuant to a
consensual or other lawful search, as necessary for the
protection of the peace officer or other persons present.
4.Sets forth specified requirements concerning the law
enforcement response to domestic violence, including the
development and implementation of policies concerning
officers' responses to domestic violence calls, dispatchers'
responses to domestic violence calls, law enforcement records
of domestic violence protection orders, the provision of
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pamphlet information to persons who are to be protected under
a protective order, and the collection of data.
This bill:
1.Extends the sunset to January 1, 2018, on the laws described
above that allows BART to issue prohibition orders banning
persons from entering district property for determined periods
of time for specified offenses, and requires BART to maintain
an advisory committee.
2.Allows BART police officers to request a temporary restraining
order from a judicial officer if there are reasonable grounds
to believe that a person is in immediate and present danger of
stalking, as specified.
3.Requires BART police officers to take control of a firearm, or
other deadly weapon, when they are at the scene of a domestic
violence incident involving a threat to human life or a
physical assault, or who are serving a protective order as
specified, to take temporary custody of any firearm or other
deadly weapon in plain sight, or discovered pursuant to a
consensual or other lawful search, as necessary for the
protection of the peace officer or other persons present.
4.Includes BART police officers within the definition of
"officer," as specified.
Prior Legislation
AB 716 (Dickinson, Chapter 534, Statutes of 2011) eliminated the
sunset date on the law authorizing Sacramento Regional Transit
and Fresno Area Express to issue prohibition orders banning
persons from entering district property for determined periods
of time for specified offenses, and added BART, until January 1,
2015, to the program. BART was required to establish an
advisory committee to monitor enforcement of the program and
submit an annual report to the Legislature summarizing the
implementation of the exclusion policy.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
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Significant one-time and ongoing local costs, projected to be
non-reimbursable, to the BART Police Department to adhere to
peace officer domestic violence arrest policy, response, and
data collection mandates. As BART is authorized but not
required to maintain a police department, any mandated
activities are estimated to result in non-reimbursable local
costs.
Non-reimbursable local costs for BART to maintain operation of
the advisory committee tasked with monitoring the issuance of
prohibition orders and submittal of an annual report to the
Legislature under the extended authority to issue these
orders.
SUPPORT : (Verified 4/28/14)
San Francisco Bay Area Rapid Transit District (source)
Peace Officers Research Association of California
ARGUMENTS IN SUPPORT : According to the author's office:
SB 1154 seeks to clarify that BART Police Officers, like
other police officers in the state, have the authority to
issue EPOs for individuals in a domestic violence situation
within the transit system, and that they have the authority
to confiscate weapons while investigating such
circumstances.
SB 1154 makes clear that BART Police are included in the
definition of officers under the general provisions of law
enforcement response to domestic violence, and clarifies
that they have the authority to issue EPOs, and take
temporary custody of firearms or deadly weapons while
conducting domestic violence investigations. Specifically,
this bill adds BART Police to specified Penal Code
Sections.
JG:e 4/29/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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