BILL ANALYSIS �
SB 1154
Page 1
SENATE THIRD READING
SB 1154 (Hancock)
As Amended May 29, 2014
Majority vote
SENATE VOTE :37-0
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Melendez, |Ayes:|Gatto, Bigelow, |
| |Jones-Sawyer, Quirk, | |Bocanegra, Bradford, Ian |
| |Skinner, Stone, Waldron | |Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Holden, Jones, Linder, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Lowenthal |
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SUMMARY : Expands the authority given to the Bay Area Rapid
Transit (BART) police officers to include powers granted
similarly situated police officers in other jurisdictions.
Specifically, this bill :
1)Includes BART police officers in the provisions of law which
require every law enforcement agency in the state to develop,
adopt, and implement written policies and standards for
officers' responses to domestic violence calls that encourage
the arrest of domestic violence offenders if there is probable
cause that an offense has been committed. Includes members of
the San Francisco BART District Police Department in the
definition of "officers" for the purposes of these provisions.
2)Permits officers of the BART Police Department to have the
ability 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)Permits BART police officers, who respond to the scene of a
domestic violence incident or assault, to temporarily take
custody of any firearms or deadly weapons that are in plain
sight or obtained during a lawful search.
SB 1154
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4)Extends 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. Extends the sunset until January 1, 2018.
EXISTING LAW :
1)Allows BART, until January 1, 2015, to issue prohibition
orders banning persons from entering the property, facilities,
or vehicles of the transit district for determined periods of
time for specified offenses. Specifically, current 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; or,
g) Defacing with graffiti the interior or exterior of the
facilities or vehicles of a public transportation system.
2)Allows BART to issue a prohibition order to a person who has
been arrested or convicted once for any of the following
SB 1154
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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; or,
c) Loitering with the intent to commit prostitution.
3)Provides the maximum duration of a prohibition order is as
follows:
a) Thirty 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; or,
b) Thirty 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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, 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.
COMMENTS : 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
SB 1154
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Sections: 13700, 646.91, and 18250."
Please see the policy committee analysis for a full discussion
on this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0004330