BILL ANALYSIS �
SB 1154
Page 1
Date of Hearing: July 2, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 1154 (Hancock) - As Amended: May 29, 2014
Policy Committee: Public
SafetyVote:7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill expands Bay Area Rapid Transit (BART) police powers to
include:
1)BART police officers in provisions of law that require every
law enforcement agency to implement written policies for
domestic violence calls that encourage the arrest of domestic
violence offenders if there is probable cause that an offense
has been committed.
2)The authority to request an ex parte emergency protective
order from a judicial officer, if there are reasonable grounds
to believe a person is in immediate and present danger of
stalking.
3)The authority to temporarily take custody of any guns or
deadly weapons that are in plain sight or obtained during a
lawful search during a response to a domestic violence
incident.
This bill also extends, from January 1, 2015 to January 1, 2018,
the sunset on the law that allows BART to issue prohibition
orders banning persons from entering district property for
determined periods of time for specified offenses.
FISCAL EFFECT
Non-reimbursable costs to BART to train for and adhere to local
and state policies related to domestic violence response and
intervention. These costs are not reimbursable as BART is not
required to maintain a police department.
SB 1154
Page 2
COMMENTS
1)Rationale. According to the author, "SB 1154 seeks to clarify
that BART Police Officers, like other police officers in the
state, have the authority to issue Emergency Protective Orders
(EPO) 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 it 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 the following
Penal Code Sections: 13700, 646.91, and 18250."
2)BART and Prohibition Orders . In a recent report, BART
indicates it issued 146 prohibition orders based on
misdemeanor or felony arrests between May 6, 2013, and
December 31, 2013. No violators contested the order. The
most common violation was domestic battery.
3)Support. According to BART, this bill provides BART police the
tools necessary to deal with domestic violence situations, in
the same manner as most peace officers.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081