SB 391: Assault and battery: transit employees.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-04-21
(1)Existing law defines an assault as an unlawful attempt, coupled with present ability, to commit a violent injury on the person of another. Under existing law, an assault committed against a parking control officer specified individuals, such as a peace officer or a lifeguard, is punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment.
This bill would make an assault committed against a parking control officer punishable by a fine not exceeding $4,000, or by imprisonment in the county jail not exceeding 6 months, or by both that fine and imprisonment.
(2)Existing law makes an assault committed on the property of, or the motor vehicle of, a public transportation provider punishable by a fine not to exceed $2,000, or by imprisonment in a county jail not exceeding one year, or by both the fine and the imprisonment.
This bill would make an assault committed on the property of, or the motor vehicle of, a public transportation provider punishable by a fine not to exceed $4,000, or by imprisonment in the state prison not to exceed 2 years, or by both that fine and imprisonment.
(3)Existing law provides that when a battery is committed against the person of an operator, driver, or passenger on a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle, as specified, the penalty is imprisonment in a county jail not exceeding one year, or a fine not exceeding $10,000, or both the fine and imprisonment.
This bill would increase that punishment to imprisonment in a prison not exceeding 4 years, or a fine not exceeding $20,000, or both the fine and imprisonment.
(4)Existing law also provides that if the victim is injured, a battery committed against the person of an operator, driver, or passenger on a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle, as specified, would be punished by a fine not exceeding $10,000, or by imprisonment in a county jail not exceeding one year or in the state prison for 16 months, or 2 or 3 years, or by both that fine and imprisonment.
This bill would increase the punishment, if injury is inflicted, to a fine not exceeding $20,000, or by imprisonment in the state prison for 3, 4, or 6 years, or by both that fine and imprisonment. The bill would also provide that a battery committed against the person of an individual authorized to issue citations for fare evasion or passenger conduct violations for a public transportation provider, as defined, or against the person of a parking control officer would be punishable by a fine not exceeding $20,000, or by imprisonment in the state prison for 3, 4, or 6 years, or by both that fine and imprisonment. By expanding the definition and scope of an existing crime, this bill would impose a state-mandated local program.
(5)Existing law requires a defendant convicted of specified offenses against a passenger, operator, driver, or other occupant of a public transit vehicle, who is granted probation, to serve some period of confinement in a county jail.
This bill would prohibit courts from granting probation to persons convicted of specified assault and battery crimes against transportation providers.
This bill would also make an assault committed against a transit employee punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. By expanding the scope of a crime, this bill would impose a state-mandated local program.
(2)Existing law defines a battery as any willful and unlawful use of force or violence upon the person of another. Under existing law, a battery committed against specified individuals, such as a peace officer or a lifeguard, is punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. Under existing law, if an injury is inflicted the battery is punishable by imprisonment in a county jail not exceeding one year, by a fine of $2,000, or by both that fine and imprisonment, or by imprisonment in a county jail for 16 months, or 2 or 3 years.
This bill would also make a battery committed against a transit employee punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. The bill would, if the battery results in an injury, make the battery punishable by imprisonment in a county jail not exceeding one year, by a fine of $2,000, or by both that fine and imprisonment, or by imprisonment in a county jail for 16 months, or 2 or 3 years. By expanding the scope of a crime, this bill would impose a state-mandated local program.
(6)
(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.