SB 513: Assault and battery of a public utility worker.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2017-09-01
Existing law makes assault punishable by a fine not exceeding $1,000, or by imprisonment in the county jail not exceeding 6 months, or by both that fine and imprisonment. Existing law makes battery punishable by a fine not exceeding $2,000, or by imprisonment in a county jail not to exceed 6 months, or by both that fine and imprisonment. Existing law provides for higher fines and longer terms of imprisonment for an assault or battery against specified individuals, including a peace officer engaged in the performance of his or her duties when the person committing the offense knows or reasonably should know that the victim is a peace officer.
This bill would make assault of a utility worker, as defined, engaged in the performance of his or her duties, and the person committing the offense knows or reasonably should know that the victim is a utility worker engaged in the performance of his or her duties, punishable by a fine not exceeding $2,000, or by imprisonment in the county jail not exceeding 6 months, or by both that fine and imprisonment.
This bill would make battery of a utility worker, as defined, engaged in the performance of his or her duties, when the person committing the battery knows or reasonably should know that the victim is a utility worker engaged in the performance of his or her duties, and an injury is inflicted on the utility worker, punishable by a fine of not more than $3,000, by imprisonment in a county jail not exceeding 6 months, or by both that fine and imprisonment.
By enhancing the punishment for a crime, this bill would impose a state-mandated local program.
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.
Existing law makes assault punishable by a fine not exceeding $1,000, or by imprisonment in the county jail not exceeding 6 months, or by both that fine and imprisonment. Existing law makes battery punishable by a fine not exceeding $2,000, or by imprisonment in a county jail not to exceed 6 months, or by both that fine and imprisonment. Existing law provides for higher fines and longer terms of imprisonment for an assault or battery against specified individuals, including a peace officer engaged in the performance of his or her duties when the person committing the offense knows or reasonably should know that the victim is a peace officer.
This bill would make assault of a utility worker, as defined, engaged in the performance of essential service, his or her duties, and the person committing the offense knows or reasonably should know that the victim is a utility worker engaged in the performance of essential service, his or her duties, punishable by a fine not exceeding $2,000, or by imprisonment in the county jail not exceeding 6 months, or by both that fine and imprisonment.
This bill would make battery of a utility worker, as defined, engaged in performing an essential service, the performance of his or her duties, when the person committing the battery knows or reasonably should know that the victim is a utility worker engaged in performing an essential service, the performance of his or her duties, and an injury is inflicted on the utility worker, punishable by a fine of not more than $3,000, by imprisonment in a county jail not exceeding 6 months, or by both that fine and imprisonment.
By enhancing the punishment for a crime, this bill would impose a state-mandated local program.
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.
Existing law makes assault punishable by a fine not exceeding $1,000, or by imprisonment in the county jail not exceeding 6 months, or by both the that fine and imprisonment. Existing law makes battery punishable by a fine not exceeding $2,000, or by imprisonment in a county jail not to exceed 6 months, or by both that fine and imprisonment. Existing law provides for higher fines and longer terms of imprisonment for assaults an assault or battery against specified individuals, including a peace officer engaged in the performance of his or her duties when the person committing the offense knows or reasonably should know that the victim is a peace officer.
This bill would make assault of a utility worker, as defined, engaged in the performance of essential service, and the person committing the offense knows or reasonably should know that the victim is a utility worker engaged in the performance of essential service, punishable by a fine not exceeding $2,000, or by imprisonment in the county jail not exceeding 6 months, or by both the that fine and imprisonment.
Existing law makes battery punishable by a fine not exceeding $2,000, or by imprisonment in a county jail not to exceed 6 months, or by both that fine and imprisonment. Existing law makes a battery against specified persons, including peace officers engaged in the performance of their duties when the person committing the offense knows or reasonably should know that the victim is a peace officer, punishable by higher fines and longer terms of imprisonment, as specified and depending on whether the victim is injured.This bill would make battery of a utility worker worker, as defined, engaged in performing an essential service, when the person committing the battery knows or reasonably should know that the victim is a utility worker engaged in performing an essential service, and an injury is inflicted on the utility worker, punishable by a fine of not more than $2,000, $3,000, by imprisonment in a county jail not exceeding one year, 6 months, or by both that fine and imprisonment. The bill would make that same crime, when an injury is inflicted on that victim, punishable by a fine of not more than $2,000, by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment in a county jail for 16 months, or 2 or 3 years.
By enhancing the punishment for a crime, this bill would impose a state-mandated local program.
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.
Existing law makes assault punishable by a fine not exceeding $1,000, or by imprisonment in the county jail not exceeding 6 months, or by both the fine and imprisonment. Existing law provides for higher fines and longer terms of imprisonment for assaults against specified individuals, including a peace officer engaged in the performance of his or her duties when the person committing the offense knows or reasonably should know that the victim is a peace officer.
This bill would make assault of a utility worker, as defined, engaged in the performance of essential service, and the person committing the offense knows or reasonably should know that the victim is a utility worker engaged in the performance of essential service, punishable by a fine not exceeding $2,000, or by imprisonment in the county jail not exceeding one year, 6 months, or by both the fine and imprisonment.
Existing law makes battery punishable by a fine not exceeding $2,000, or by imprisonment in a county jail not to exceed 6 months, or by both that fine and imprisonment. Existing law makes a battery against specified persons, including peace officers engaged in the performance of their duties when the person committing the offense knows or reasonably should know that the victim is a peace officer, punishable by higher fines and longer terms of imprisonment, as specified and depending on whether the victim is injured.
This bill would make battery of a utility worker engaged in performing an essential service, when the person committing the battery knows or reasonably should know that the victim is a utility worker engaged in performing an essential service, punishable by a fine of not more than $2,000, by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. The bill would make that same crime, when an injury is inflicted on that victim, punishable by a fine of not more than $2,000, by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment in a county jail for 16 months, or 2 or 3 years.
By enhancing the punishment for a crime, this bill would impose a state-mandated local program.
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.
Existing law makes assault punishable by a fine not exceeding $1,000, or by imprisonment in the county jail not exceeding 6 months, or by both the fine and imprisonment. Existing law provides for higher fines and longer terms of imprisonment for assaults against specified individuals, including a peace officer engaged in the performance of his or her duties when the person committing the offense knows or reasonably should know that the victim is a peace officer.
This bill would make assault of a utility worker, as defined, engaged in the performance of essential service, and the person committing the offense knows or reasonably should know that the victim is a utility worker engaged in the performance of essential service, punishable by a fine not exceeding $2,000, or by imprisonment in the county jail not exceeding one year, or by both the fine and imprisonment.
Existing law makes battery punishable by a fine not exceeding $2,000, or by imprisonment in a county jail not to exceed 6 months, or by both that fine and imprisonment. Existing law makes a battery against specified persons, including peace officers engaged in the performance of their duties when the person committing the offense knows or reasonably should know that the victim is a peace officer, punishable by higher fines and longer terms of imprisonment, as specified and depending on whether the victim is injured.
This bill would make battery of a utility worker engaged in performing an essential service, when the person committing the battery knows or reasonably should know that the victim is a utility worker engaged in performing an essential service, punishable by a fine of not more than $2,000, by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. The bill would make that same crime, when an injury is inflicted on that victim, punishable by a fine of not more than $2,000, by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment in a county jail for 16 months, or 2 or 3 years.
By enhancing the punishment for a crime, this bill would impose a state-mandated local program.
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.
(a)An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both that fine and imprisonment.
(b)If an assault is committed against the person of a parking control officer engaged in the performance of his or her duties, and the person committing the offense knows or reasonably should know that the victim is a parking control officer, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding six months, or by both that fine and imprisonment.
(c)If an assault is committed against the person of a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
(d)If an assault is committed against the person of a utility worker engaged in the performance of his or her duties, and the person committing the offense knows or reasonably should know that the victim is a utility worker engaged in the performance of his or her duties, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding six months, or by both that fine and imprisonment.
(e)As used in this section, the following definitions apply:
(1)Peace officer means a person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Emergency medical technician means a person possessing a valid course completion certificate from a program approved by the State Department of Health Care Services for the medical training and education of ambulance personnel, and who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(3)Mobile intensive care paramedic refers to a person who meets the standards set forth in Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(4)Nurse means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(5)Lifeguard means a person who is:
(A)Employed as a lifeguard by the state, a county, or a city, and is designated by local ordinance as a public officer who has a duty and responsibility to enforce local ordinances and misdemeanors through the issuance of citations.
(B)Wearing distinctive clothing that includes written identification of the persons status as a lifeguard and that clearly identifies the employing organization.
(6)Process server means a person who meets the standards or is expressly exempt from the standards set forth in Section 22350 of the Business and Professions Code.
(7)Traffic officer means a person employed by a county or city to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles.
(8)Animal control officer means a person employed by a county or city for purposes of enforcing animal control laws or regulations.
(9)(A)Code enforcement officer means a person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by a governmental subdivision, public or quasi-public corporation, public agency, public service corporation, a town, city, county, or municipal corporation, whether incorporated or chartered, that has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints.
(B)Code enforcement officer also includes a person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(10)Parking control officer means a person employed by a city, county, or city and county, to monitor and enforce state laws and local ordinances relating to parking.
(11)Search and rescue member means a person who is part of an organized search and rescue team managed by a governmental agency.
(12)Utility worker means a person employed by, or who is a contractor to, an investor-owned or publicly owned water corporation, electrical corporation, gas corporation, or electric cooperative that performs services for or delivers a commodity to the public or any portion thereof and the service performed is the construction, alteration, demolition, installation, maintenance, or repair of water, electrical, or gas infrastructure.
SEC. 2.Section 243 of the Penal Code is amended to read:243.(a)A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.
(b)If a battery is committed against the person of a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as a peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, nonsworn employee of a probation department, or a physician or nurse engaged in rendering emergency medical care, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
(c)(1)If a battery is committed against a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, whether on or off duty, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a nonsworn employee of a probation department, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, and an injury is inflicted on that victim, the battery is punishable by a fine of not more than two thousand dollars ($2,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years.
(2)If the battery specified in paragraph (1) is committed against a peace officer engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as a peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman and the person committing the offense knows or reasonably should know that the victim is a peace officer engaged in the performance of his or her duties, the battery is punishable by a fine of not more than ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment.
(d)If a battery is committed against a utility worker engaged in the performance of his or her duties, and the person committing the battery knows or reasonably should know that the victim is a utility worker engaged in the performance of his or her duties, and an injury is inflicted on the victim, the battery is punishable by a fine of not more than three thousand dollars ($3,000), by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.
(e)If a battery is committed against a person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.
(f)(1)If a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendants child, former spouse, fiance, or fiancee, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterers treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIIIB of the California Constitution.
(2)(A)Upon conviction of a violation of this subdivision, if probation is granted, the conditions of probation may include, in lieu of a fine, one or both of the following requirements:
(i)That the defendant make payments to a battered womens shelter, up to a maximum of five thousand dollars ($5,000).
(ii)That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendants offense.
(B)For any order to pay a fine, make payments to a battered womens shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendants ability to pay. In no event shall an order to make payments to a battered womens shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. If the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.
(3)Upon conviction of a violation of this subdivision, if probation is granted or the execution or imposition of the sentence is suspended and the person has been previously convicted of a violation of this subdivision or Section 273.5, the person shall be imprisoned for not less than 48 hours in addition to the conditions in paragraph (1). However, the court, upon a showing of good cause, may elect not to impose the mandatory minimum imprisonment as required by this subdivision and may, under these circumstances, grant probation or order the suspension of the execution or imposition of the sentence.
(4)The Legislature finds and declares that crimes specified in this subdivision merit special consideration when imposing a sentence so as to display societys condemnation for these crimes of violence upon victims with whom a close relationship has been formed.
(5)If a peace officer makes an arrest for a violation of paragraph (1), the peace officer is not required to inform the victim of his or her right to make a citizens arrest pursuant to subdivision (b) of Section 836.
(g)As used in this section:
(1)Peace officer means any person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Emergency medical technician means a person who is either an EMT-I, EMT-II, or EMT-P (paramedic), and possesses a valid certificate or license in accordance with the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(3)Nurse means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(4)Serious bodily injury means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of a bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.
(5)Injury means a physical injury that requires professional medical treatment.
(6)Custodial officer means a person who has the responsibilities and duties described in Section 831 and who is employed by a law enforcement agency of a city or county or who performs those duties as a volunteer.
(7)Lifeguard means a person defined in paragraph (5) of subdivision (e) of Section 241.
(8)Traffic officer means a person employed by a city, county, or city and county to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles.
(9)Animal control officer means a person employed by a city, county, or city and county for purposes of enforcing animal control laws or regulations.
(10)Dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement independent of financial considerations.
(11)(A)Code enforcement officer means a person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by a governmental subdivision, public or quasi-public corporation, public agency, public service corporation, a town, city, county, or municipal corporation, whether incorporated or chartered, who has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints.
(B)Code enforcement officer also includes a person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(12)Custody assistant means a person who has the responsibilities and duties described in Section 831.7 and who is employed by a law enforcement agency of a city, county, or city and county.
(13)Search and rescue member means a person who is part of an organized search and rescue team managed by a government agency.
(14)Security officer means a person who has the responsibilities and duties described in Section 831.4 and who is employed by a law enforcement agency of a city, county, or city and county.
(15)Utility worker means a person employed by, or who is a contractor to, an investor-owned or publicly owned water corporation, electrical corporation, gas corporation, or electric cooperative that performs services for or delivers a commodity to the public or any portion thereof and the service performed is the construction, alteration, demolition, installation, maintenance, or repair of water, electrical, or gas infrastructure.
(h)It is the intent of the Legislature by amendments to this section at the 198182 and 198384 Regular Sessions to abrogate the holdings in cases such as People v. Corey, 21 Cal. 3d 738, and Cervantez v. J.C. Penney Co., 24 Cal. 3d 579, and to reinstate prior judicial interpretations of this section as they relate to criminal sanctions for battery on peace officers who are employed, on a part-time or casual basis, while wearing a police uniform as private security guards or patrolmen and to allow the exercise of peace officer powers concurrently with that employment.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both that fine and imprisonment.
(b)If an assault is committed against the person of a parking control officer engaged in the performance of his or her duties, and the person committing the offense knows or reasonably should know that the victim is a parking control officer, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding six months, or by both that fine and imprisonment.
(c)If an assault is committed against the person of a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
(d)If an assault is committed against the person of a utility worker engaged in the performance of an essential service, his or her duties, and the person committing the offense knows or reasonably should know that the victim is a utility worker engaged in the performance of an essential service, his or her duties, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding six months, or by both that fine and imprisonment.
(e)As used in this section, the following definitions apply:
(1)Peace officer means a person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Emergency medical technician means a person possessing a valid course completion certificate from a program approved by the State Department of Health Care Services for the medical training and education of ambulance personnel, and who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(3)Mobile intensive care paramedic refers to a person who meets the standards set forth in Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(4)Nurse means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(5)Lifeguard means a person who is:
(A)Employed as a lifeguard by the state, a county, or a city, and is designated by local ordinance as a public officer who has a duty and responsibility to enforce local ordinances and misdemeanors through the issuance of citations.
(B)Wearing distinctive clothing that includes written identification of the persons status as a lifeguard and that clearly identifies the employing organization.
(6)Process server means a person who meets the standards or is expressly exempt from the standards set forth in Section 22350 of the Business and Professions Code.
(7)Traffic officer means a person employed by a county or city to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles.
(8)Animal control officer means a person employed by a county or city for purposes of enforcing animal control laws or regulations.
(9)(A)Code enforcement officer means a person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by a governmental subdivision, public or quasi-public corporation, public agency, public service corporation, a town, city, county, or municipal corporation, whether incorporated or chartered, that has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints.
(B)Code enforcement officer also includes a person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(10)Parking control officer means a person employed by a city, county, or city and county, to monitor and enforce state laws and local ordinances relating to parking.
(11)Search and rescue member means a person who is part of an organized search and rescue team managed by a governmental agency.
(12)Utility worker means a person employed by, or who is a contractor to, an investor-owned or publicly owned water corporation, electrical corporation, gas corporation, or electric cooperative that performs services for or delivers a commodity to the public or any portion thereof and the service performed is the construction, alteration, demolition, installation, maintenance, or repair of water, electrical, or gas infrastructure.
SEC. 2.Section 243 of the Penal Code is amended to read:243.(a)A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.
(b)If a battery is committed against the person of a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as a peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, nonsworn employee of a probation department, or a physician or nurse engaged in rendering emergency medical care, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
(c)(1)If a battery is committed against a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, whether on or off duty, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a nonsworn employee of a probation department, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, and an injury is inflicted on that victim, the battery is punishable by a fine of not more than two thousand dollars ($2,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years.
(2)If the battery specified in paragraph (1) is committed against a peace officer engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as a peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman and the person committing the offense knows or reasonably should know that the victim is a peace officer engaged in the performance of his or her duties, the battery is punishable by a fine of not more than ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment.
(d)If a battery is committed against a utility worker engaged in performing an essential service, the performance of his or her duties, and the person committing the battery knows or reasonably should know that the victim is a utility worker engaged in performing an essential service, the performance of his or her duties, and an injury is inflicted on the victim, the battery is punishable by a fine of not more than three thousand dollars ($3,000), by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.
(e)If a battery is committed against a person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.
(f)(1)If a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendants child, former spouse, fiance, or fiancee, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterers treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIIIB of the California Constitution.
(2)(A)Upon conviction of a violation of this subdivision, if probation is granted, the conditions of probation may include, in lieu of a fine, one or both of the following requirements:
(i)That the defendant make payments to a battered womens shelter, up to a maximum of five thousand dollars ($5,000).
(ii)That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendants offense.
(B)For any order to pay a fine, make payments to a battered womens shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendants ability to pay. In no event shall an order to make payments to a battered womens shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. If the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.
(3)Upon conviction of a violation of this subdivision, if probation is granted or the execution or imposition of the sentence is suspended and the person has been previously convicted of a violation of this subdivision or Section 273.5, the person shall be imprisoned for not less than 48 hours in addition to the conditions in paragraph (1). However, the court, upon a showing of good cause, may elect not to impose the mandatory minimum imprisonment as required by this subdivision and may, under these circumstances, grant probation or order the suspension of the execution or imposition of the sentence.
(4)The Legislature finds and declares that crimes specified in this subdivision merit special consideration when imposing a sentence so as to display societys condemnation for these crimes of violence upon victims with whom a close relationship has been formed.
(5)If a peace officer makes an arrest for a violation of paragraph (1), the peace officer is not required to inform the victim of his or her right to make a citizens arrest pursuant to subdivision (b) of Section 836.
(g)As used in this section:
(1)Peace officer means any person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Emergency medical technician means a person who is either an EMT-I, EMT-II, or EMT-P (paramedic), and possesses a valid certificate or license in accordance with the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(3)Nurse means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(4)Serious bodily injury means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of a bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.
(5)Injury means a physical injury that requires professional medical treatment.
(6)Custodial officer means a person who has the responsibilities and duties described in Section 831 and who is employed by a law enforcement agency of a city or county or who performs those duties as a volunteer.
(7)Lifeguard means a person defined in paragraph (5) of subdivision (d) (e) of Section 241.
(8)Traffic officer means a person employed by a city, county, or city and county to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles.
(9)Animal control officer means a person employed by a city, county, or city and county for purposes of enforcing animal control laws or regulations.
(10)Dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement independent of financial considerations.
(11)(A)Code enforcement officer means a person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by a governmental subdivision, public or quasi-public corporation, public agency, public service corporation, a town, city, county, or municipal corporation, whether incorporated or chartered, who has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints.
(B)Code enforcement officer also includes a person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(12)Custody assistant means a person who has the responsibilities and duties described in Section 831.7 and who is employed by a law enforcement agency of a city, county, or city and county.
(13)Search and rescue member means a person who is part of an organized search and rescue team managed by a government agency.
(14)Security officer means a person who has the responsibilities and duties described in Section 831.4 and who is employed by a law enforcement agency of a city, county, or city and county.
(15)Utility worker means a person employed by, or who is a contractor to, an investor-owned or publicly owned water corporation, electrical corporation, gas corporation, or electric cooperative that performs services for or delivers a commodity to the public or any portion thereof and the service performed is the construction, alteration, demolition, installation, maintenance, or repair of water, electrical, or gas infrastructure.
(h)It is the intent of the Legislature by amendments to this section at the 198182 and 198384 Regular Sessions to abrogate the holdings in cases such as People v. Corey, 21 Cal. 3d 738, and Cervantez v. J.C. Penney Co., 24 Cal. 3d 579, and to reinstate prior judicial interpretations of this section as they relate to criminal sanctions for battery on peace officers who are employed, on a part-time or casual basis, while wearing a police uniform as private security guards or patrolmen and to allow the exercise of peace officer powers concurrently with that employment.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the that fine and imprisonment.
(b)If an assault is committed against the person of a parking control officer engaged in the performance of his or her duties, and the person committing the offense knows or reasonably should know that the victim is a parking control officer, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding six months, or by both the that fine and imprisonment.
(c)If an assault is committed against the person of a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both the that fine and imprisonment.
(d)If an assault is committed against the person of a utility worker engaged in the performance of an essential service, and the person committing the offense knows or reasonably should know that the victim is a utility worker engaged in the performance of an essential service, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding six months, or by both the that fine and imprisonment.
(e)As used in this section, the following definitions apply:
(1)Peace officer means a person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Emergency medical technician means a person possessing a valid course completion certificate from a program approved by the State Department of Health Care Services for the medical training and education of ambulance personnel, and who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(3)Mobile intensive care paramedic refers to a person who meets the standards set forth in Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(4)Nurse means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(5)Lifeguard means a person who is:
(A)Employed as a lifeguard by the state, a county, or a city, and is designated by local ordinance as a public officer who has a duty and responsibility to enforce local ordinances and misdemeanors through the issuance of citations.
(B)Wearing distinctive clothing that includes written identification of the persons status as a lifeguard and that clearly identifies the employing organization.
(6)Process server means a person who meets the standards or is expressly exempt from the standards set forth in Section 22350 of the Business and Professions Code.
(7)Traffic officer means a person employed by a county or city to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles.
(8)Animal control officer means a person employed by a county or city for purposes of enforcing animal control laws or regulations.
(9)(A)Code enforcement officer means a person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by a governmental subdivision, public or quasi-public corporation, public agency, public service corporation, a town, city, county, or municipal corporation, whether incorporated or chartered, that has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints.
(B)Code enforcement officer also includes a person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(10)Parking control officer means a person employed by a city, county, or city and county, to monitor and enforce state laws and local ordinances relating to parking.
(11)Search and rescue member means a person who is part of an organized search and rescue team managed by a governmental agency.
(12)Utility worker means a person employed by an investor-owned public utility or publicly owned public utility. by, or who is a contractor to, an investor-owned or publicly owned water corporation, electrical corporation, gas corporation, or electric cooperative that performs services for or delivers a commodity to the public or any portion thereof and the service performed is the construction, alteration, demolition, installation, maintenance, or repair of water, electrical, or gas infrastructure.
SEC. 2.Section 243 of the Penal Code is amended to read:243.(a)A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.
(b)If a battery is committed against the person of a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as a peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, nonsworn employee of a probation department, or a physician or nurse engaged in rendering emergency medical care, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
(c)(1)If a battery is committed against a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, whether on or off duty, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a nonsworn employee of a probation department, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, and an injury is inflicted on that victim, the battery is punishable by a fine of not more than two thousand dollars ($2,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years.
(2)If the battery specified in paragraph (1) is committed against a peace officer engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as a peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman and the person committing the offense knows or reasonably should know that the victim is a peace officer engaged in the performance of his or her duties, the battery is punishable by a fine of not more than ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment.
(d)(1)If a battery is committed against a utility worker engaged in performing an essential service, and the person committing the battery knows or reasonably should know that the victim is a utility worker engaged in performing an essential service, and an injury is inflicted on the victim, the battery is punishable by a fine of not more than two three thousand dollars ($2,000), ($3,000), by imprisonment in a county jail not exceeding one year, six months, or by both that fine and imprisonment.
(2)If a battery is committed pursuant to paragraph (1) and an injury is inflicted on that victim, the battery is punishable by a fine of not more than two thousand dollars ($2,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years.(e)If a battery is committed against a person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.
(f)(1)If a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendants child, former spouse, fiance, or fiancee, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterers treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIIIB of the California Constitution.
(2)(A)Upon conviction of a violation of this subdivision, if probation is granted, the conditions of probation may include, in lieu of a fine, one or both of the following requirements:
(i)That the defendant make payments to a battered womens shelter, up to a maximum of five thousand dollars ($5,000).
(ii)That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendants offense.
(B)For any order to pay a fine, make payments to a battered womens shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendants ability to pay. In no event shall an order to make payments to a battered womens shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. If the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.
(3)Upon conviction of a violation of this subdivision, if probation is granted or the execution or imposition of the sentence is suspended and the person has been previously convicted of a violation of this subdivision or Section 273.5, the person shall be imprisoned for not less than 48 hours in addition to the conditions in paragraph (1). However, the court, upon a showing of good cause, may elect not to impose the mandatory minimum imprisonment as required by this subdivision and may, under these circumstances, grant probation or order the suspension of the execution or imposition of the sentence.
(4)The Legislature finds and declares that crimes specified in this subdivision merit special consideration when imposing a sentence so as to display societys condemnation for these crimes of violence upon victims with whom a close relationship has been formed.
(5)If a peace officer makes an arrest for a violation of paragraph (1) of subdivision (e), (1), the peace officer is not required to inform the victim of his or her right to make a citizens arrest pursuant to subdivision (b) of Section 836.
(g)As used in this section:
(1)Peace officer means any person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Emergency medical technician means a person who is either an EMT-I, EMT-II, or EMT-P (paramedic), and possesses a valid certificate or license in accordance with the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(3)Nurse means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(4)Serious bodily injury means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of a bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.
(5)Injury means a physical injury that requires professional medical treatment.
(6)Custodial officer means a person who has the responsibilities and duties described in Section 831 and who is employed by a law enforcement agency of a city or county or who performs those duties as a volunteer.
(7)Lifeguard means a person defined in paragraph (5) of subdivision (d) of Section 241.
(8)Traffic officer means a person employed by a city, county, or city and county to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles.
(9)Animal control officer means a person employed by a city, county, or city and county for purposes of enforcing animal control laws or regulations.
(10)Dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement independent of financial considerations.
(11)(A)Code enforcement officer means a person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by a governmental subdivision, public or quasi-public corporation, public agency, public service corporation, a town, city, county, or municipal corporation, whether incorporated or chartered, who has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints.
(B)Code enforcement officer also includes a person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(12)Custody assistant means a person who has the responsibilities and duties described in Section 831.7 and who is employed by a law enforcement agency of a city, county, or city and county.
(13)Search and rescue member means a person who is part of an organized search and rescue team managed by a government agency.
(14)Security officer means a person who has the responsibilities and duties described in Section 831.4 and who is employed by a law enforcement agency of a city, county, or city and county.
(15)Utility worker means a person employed by an investor-owned public utility or publicly owned public utility. by, or who is a contractor to, an investor-owned or publicly owned water corporation, electrical corporation, gas corporation, or electric cooperative that performs services for or delivers a commodity to the public or any portion thereof and the service performed is the construction, alteration, demolition, installation, maintenance, or repair of water, electrical, or gas infrastructure.
(h)It is the intent of the Legislature by amendments to this section at the 198182 and 198384 Regular Sessions to abrogate the holdings in cases such as People v. Corey, 21 Cal. 3d 738, and Cervantez v. J.C. Penney Co., 24 Cal. 3d 579, and to reinstate prior judicial interpretations of this section as they relate to criminal sanctions for battery on peace officers who are employed, on a part-time or casual basis, while wearing a police uniform as private security guards or patrolmen and to allow the exercise of peace officer powers concurrently with that employment.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.
(b)If an assault is committed against the person of a parking control officer engaged in the performance of his or her duties, and the person committing the offense knows or reasonably should know that the victim is a parking control officer, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.
(c)If an assault is committed against the person of a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment.
(d)If an assault is committed against the person of a utility worker engaged in the performance of an essential service, and the person committing the offense knows or reasonably should know that the victim is a utility worker engaged in the performance of an essential service, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding one year, six months, or by both the fine and imprisonment.
(e)As used in this section, the following definitions apply:
(1)Peace officer means a person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Emergency medical technician means a person possessing a valid course completion certificate from a program approved by the State Department of Health Care Services for the medical training and education of ambulance personnel, and who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(3)Mobile intensive care paramedic refers to a person who meets the standards set forth in Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(4)Nurse means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(5)Lifeguard means a person who is:
(A)Employed as a lifeguard by the state, a county, or a city, and is designated by local ordinance as a public officer who has a duty and responsibility to enforce local ordinances and misdemeanors through the issuance of citations.
(B)Wearing distinctive clothing that includes written identification of the persons status as a lifeguard and that clearly identifies the employing organization.
(6)Process server means a person who meets the standards or is expressly exempt from the standards set forth in Section 22350 of the Business and Professions Code.
(7)Traffic officer means a person employed by a county or city to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles.
(8)Animal control officer means a person employed by a county or city for purposes of enforcing animal control laws or regulations.
(9)(A)Code enforcement officer means a person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by a governmental subdivision, public or quasi-public corporation, public agency, public service corporation, a town, city, county, or municipal corporation, whether incorporated or chartered, that has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints.
(B)Code enforcement officer also includes a person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(10)Parking control officer means a person employed by a city, county, or city and county, to monitor and enforce state laws and local ordinances relating to parking.
(11)Search and rescue member means a person who is part of an organized search and rescue team managed by a governmental agency.
(12)Utility worker means a person employed by an investor-owned public utility or publicly owned public utility.
SEC. 2.Section 243 of the Penal Code is amended to read:243.(a)A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.
(b)If a battery is committed against the person of a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as a peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, nonsworn employee of a probation department, or a physician or nurse engaged in rendering emergency medical care, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
(c)(1)If a battery is committed against a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, whether on or off duty, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a nonsworn employee of a probation department, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, and an injury is inflicted on that victim, the battery is punishable by a fine of not more than two thousand dollars ($2,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years.
(2)If the battery specified in paragraph (1) is committed against a peace officer engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as a peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman and the person committing the offense knows or reasonably should know that the victim is a peace officer engaged in the performance of his or her duties, the battery is punishable by a fine of not more than ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment.
(d)(1)If a battery is committed against a utility worker engaged in performing an essential service, and the person committing the battery knows or reasonably should know that the victim is a utility worker engaged in performing an essential service, the battery is punishable by a fine of not more than two thousand dollars ($2,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
(2)If a battery is committed pursuant to paragraph (1) and an injury is inflicted on that victim, the battery is punishable by a fine of not more than two thousand dollars ($2,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years.
(e)If a battery is committed against a person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.
(f)(1)If a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendants child, former spouse, fiance, or fiancee, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterers treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIIIB of the California Constitution.
(2)(A)Upon conviction of a violation of this subdivision, if probation is granted, the conditions of probation may include, in lieu of a fine, one or both of the following requirements:
(i)That the defendant make payments to a battered womens shelter, up to a maximum of five thousand dollars ($5,000).
(ii)That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendants offense.
(B)For any order to pay a fine, make payments to a battered womens shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendants ability to pay. In no event shall an order to make payments to a battered womens shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. If the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.
(3)Upon conviction of a violation of this subdivision, if probation is granted or the execution or imposition of the sentence is suspended and the person has been previously convicted of a violation of this subdivision or Section 273.5, the person shall be imprisoned for not less than 48 hours in addition to the conditions in paragraph (1). However, the court, upon a showing of good cause, may elect not to impose the mandatory minimum imprisonment as required by this subdivision and may, under these circumstances, grant probation or order the suspension of the execution or imposition of the sentence.
(4)The Legislature finds and declares that crimes specified in this subdivision merit special consideration when imposing a sentence so as to display societys condemnation for these crimes of violence upon victims with whom a close relationship has been formed.
(5)If a peace officer makes an arrest for a violation of paragraph (1) of subdivision (e), the peace officer is not required to inform the victim of his or her right to make a citizens arrest pursuant to subdivision (b) of Section 836.
(g)As used in this section:
(1)Peace officer means any person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Emergency medical technician means a person who is either an EMT-I, EMT-II, or EMT-P (paramedic), and possesses a valid certificate or license in accordance with the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(3)Nurse means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(4)Serious bodily injury means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of a bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.
(5)Injury means a physical injury that requires professional medical treatment.
(6)Custodial officer means a person who has the responsibilities and duties described in Section 831 and who is employed by a law enforcement agency of a city or county or who performs those duties as a volunteer.
(7)Lifeguard means a person defined in paragraph (5) of subdivision (d) of Section 241.
(8)Traffic officer means a person employed by a city, county, or city and county to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles.
(9)Animal control officer means a person employed by a city, county, or city and county for purposes of enforcing animal control laws or regulations.
(10)Dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement independent of financial considerations.
(11)(A)Code enforcement officer means a person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by a governmental subdivision, public or quasi-public corporation, public agency, public service corporation, a town, city, county, or municipal corporation, whether incorporated or chartered, who has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints.
(B)Code enforcement officer also includes a person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(12)Custody assistant means a person who has the responsibilities and duties described in Section 831.7 and who is employed by a law enforcement agency of a city, county, or city and county.
(13)Search and rescue member means a person who is part of an organized search and rescue team managed by a government agency.
(14)Security officer means a person who has the responsibilities and duties described in Section 831.4 and who is employed by a law enforcement agency of a city, county, or city and county.
(15)Utility worker means a person employed by an investor-owned public utility or publicly owned public utility.
(h)It is the intent of the Legislature by amendments to this section at the 198182 and 198384 Regular Sessions to abrogate the holdings in cases such as People v. Corey, 21 Cal. 3d 738, and Cervantez v. J.C. Penney Co., 24 Cal. 3d 579, and to reinstate prior judicial interpretations of this section as they relate to criminal sanctions for battery on peace officers who are employed, on a part-time or casual basis, while wearing a police uniform as private security guards or patrolmen and to allow the exercise of peace officer powers concurrently with that employment.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.
(b)When If an assault is committed against the person of a parking control officer engaged in the performance of his or her duties, and the person committing the offense knows or reasonably should know that the victim is a parking control officer, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.
(c)When If an assault is committed against the person of a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment.
(d)If an assault is committed against the person of a utility worker engaged in the performance of essential service, and the person committing the offense knows or reasonably should know that the victim is a utility worker engaged in the performance of essential service, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding one year, or by both the fine and imprisonment.
(d)(e)As used in this section, the following definitions apply:
(1)Peace officer Peace officer means any a person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Emergency medical technician means a person possessing a valid course completion certificate from a program approved by the State Department of Health Care Services for the medical training and education of ambulance personnel, and who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(3)Mobile intensive care paramedic refers to a person who meets the standards set forth in Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(4)Nurse means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(5)Lifeguard means a person who is:
(A)Employed as a lifeguard by the state, a county, or a city, and is designated by local ordinance as a public officer who has a duty and responsibility to enforce local ordinances and misdemeanors through the issuance of citations.
(B)Wearing distinctive clothing which that includes written identification of the persons status as a lifeguard and which that clearly identifies the employing organization.
(6)Process server means any a person who meets the standards or is expressly exempt from the standards set forth in Section 22350 of the Business and Professions Code.
(7)Traffic officer means any a person employed by a county or city to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles.
(8)Animal control officer means any a person employed by a county or city for purposes of enforcing animal control laws or regulations.
(9)(A)Code enforcement officer means any a person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by any a governmental subdivision, public or quasi-public corporation, public agency, public service corporation, any a town, city, county, or municipal corporation, whether incorporated or chartered, that has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints.
(B)Code enforcement officer also includes any a person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(10)Parking control officer means any a person employed by a city, county, or city and county, to monitor and enforce state laws and local ordinances relating to parking.
(11)Search and rescue member means any a person who is part of an organized search and rescue team managed by a governmental agency.
(12)Utility worker means a person employed by an investor-owned public utility or publicly owned public utility.
SEC. 2.Section 243 of the Penal Code is amended to read:243.(a)A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.
(b)When If a battery is committed against the person of a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as a peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, nonsworn employee of a probation department, or a physician or nurse engaged in rendering emergency medical care, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
(c)(1)When If a battery is committed against a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, whether on or off duty, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a nonsworn employee of a probation department, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, and an injury is inflicted on that victim, the battery is punishable by a fine of not more than two thousand dollars ($2,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years.
(2)When If the battery specified in paragraph (1) is committed against a peace officer engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as a peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman and the person committing the offense knows or reasonably should know that the victim is a peace officer engaged in the performance of his or her duties, the battery is punishable by a fine of not more than ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment.
(d)(1)If a battery is committed against a utility worker engaged in performing an essential service, and the person committing the battery knows or reasonably should know that the victim is a utility worker engaged in performing an essential service, the battery is punishable by a fine of not more than two thousand dollars ($2,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
(2)If a battery is committed pursuant to paragraph (1) and an injury is inflicted on that victim, the battery is punishable by a fine of not more than two thousand dollars ($2,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years.
(d)When(e)If a battery is committed against any a person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.
(e)(1)When(f)(1)If a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendants child, former spouse, fiance, or fiancee, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterers treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIIIB of the California Constitution.
(2)(A)Upon conviction of a violation of this subdivision, if probation is granted, the conditions of probation may include, in lieu of a fine, one or both of the following requirements:
(A)(i)That the defendant make payments to a battered womens shelter, up to a maximum of five thousand dollars ($5,000).
(B)(ii)That the defendant reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendants offense.
For(B)For any order to pay a fine, make payments to a battered womens shelter, or pay restitution as a condition of probation under this subdivision, the court shall make a determination of the defendants ability to pay. In no event shall any an order to make payments to a battered womens shelter be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. If the injury to a married person is caused in whole or in part by the criminal acts of his or her spouse in violation of this section, the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse, required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents, required by this section, until all separate property of the offending spouse is exhausted.
(3)Upon conviction of a violation of this subdivision, if probation is granted or the execution or imposition of the sentence is suspended and the person has been previously convicted of a violation of this subdivision or Section 273.5, the person shall be imprisoned for not less than 48 hours in addition to the conditions in paragraph (1). However, the court, upon a showing of good cause, may elect not to impose the mandatory minimum imprisonment as required by this subdivision and may, under these circumstances, grant probation or order the suspension of the execution or imposition of the sentence.
(4)The Legislature finds and declares that these specified crimes specified in this subdivision merit special consideration when imposing a sentence so as to display societys condemnation for these crimes of violence upon victims with whom a close relationship has been formed.
(5)If a peace officer makes an arrest for a violation of paragraph (1) of subdivision (e) of this section, (e), the peace officer is not required to inform the victim of his or her right to make a citizens arrest pursuant to subdivision (b) of Section 836.
(f)(g)As used in this section:
(1)Peace officer means any person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Emergency medical technician means a person who is either an EMT-I, EMT-II, or EMT-P (paramedic), and possesses a valid certificate or license in accordance with the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(3)Nurse means a person who meets the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(4)Serious bodily injury means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any a bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.
(5)Injury means any a physical injury which that requires professional medical treatment.
(6)Custodial officer means any a person who has the responsibilities and duties described in Section 831 and who is employed by a law enforcement agency of any a city or county or who performs those duties as a volunteer.
(7)Lifeguard means a person defined in paragraph (5) of subdivision (d) of Section 241.
(8)Traffic officer means any a person employed by a city, county, or city and county to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles.
(9)Animal control officer means any a person employed by a city, county, or city and county for purposes of enforcing animal control laws or regulations.
(10)Dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement independent of financial considerations.
(11)(A)Code enforcement officer means any a person who is not described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 and who is employed by any a governmental subdivision, public or quasi-public corporation, public agency, public service corporation, any a town, city, county, or municipal corporation, whether incorporated or chartered, who has enforcement authority for health, safety, and welfare requirements, and whose duties include enforcement of any statute, rules, regulations, or standards, and who is authorized to issue citations, or file formal complaints.
(B)Code enforcement officer also includes any a person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code); the Manufactured Housing Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code); the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code); and the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(12)Custody assistant means any a person who has the responsibilities and duties described in Section 831.7 and who is employed by a law enforcement agency of any a city, county, or city and county.
(13)Search and rescue member means any a person who is part of an organized search and rescue team managed by a government agency.
(14)Security officer means any a person who has the responsibilities and duties described in Section 831.4 and who is employed by a law enforcement agency of any a city, county, or city and county.
(15)Utility worker means a person employed by an investor-owned public utility or publicly owned public utility.
(g)(h)It is the intent of the Legislature by amendments to this section at the 198182 and 198384 Regular Sessions to abrogate the holdings in cases such as People v. Corey, 21 Cal. 3d 738, and Cervantez v. J.C. Penney Co., 24 Cal. 3d 579, and to reinstate prior judicial interpretations of this section as they relate to criminal sanctions for battery on peace officers who are employed, on a part-time or casual basis, while wearing a police uniform as private security guards or patrolmen and to allow the exercise of peace officer powers concurrently with that employment.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
|
Date
|
Status
|
|---|---|
| Mar 3, 2018 | Last day to consider Governor’s veto pursuant to Joint Rule 58.5. |
| Oct 4, 2017 | In Senate. Consideration of Governor's veto pending. |
| Oct 4, 2017 | Vetoed by the Governor. |
| Sep 6, 2017 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 31, 2017 | Assembly amendments concurred in. (Ayes 37. Noes 0.) Ordered to engrossing and enrolling. |
| Aug 29, 2017 | Ordered to special consent calendar. |
| Aug 24, 2017 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 24, 2017 | Read third time. Passed. Ordered to the Senate. |
| Jul 20, 2017 | Read second time. Ordered to consent calendar. |
| Jul 19, 2017 | From committee: Do pass. Ordered to consent calendar. (Ayes 16. Noes 0.) (July 19). |
| Jul 10, 2017 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 6, 2017 | From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 6. Noes 0.) (June 27). |
| Jun 12, 2017 | Referred to Com. on PUB. S. |
| Jun 1, 2017 | In Assembly. Read first time. Held at Desk. |
| May 31, 2017 | Read third time. Passed. (Ayes 40. Noes 0. Page 1342.) Ordered to the Assembly. |
| May 26, 2017 | From committee: Do pass as amended. (Ayes 7. Noes 0.) (May 25). |
| May 19, 2017 | Set for hearing May 25. |
| Apr 17, 2017 | April 17 hearing: Placed on APPR. suspense file. |
| Apr 5, 2017 | Set for hearing April 17. |
| Apr 3, 2017 | Read second time and amended. Re-referred to Com. on APPR. |
| Mar 30, 2017 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 514.) (March 28). |
| Mar 8, 2017 | Set for hearing March 28. |
| Mar 2, 2017 | Referred to Com. on PUB. S. |
| Feb 17, 2017 | From printer. May be acted upon on or after March 19. |
| Feb 16, 2017 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2017 | Special Consent Calendar # SB513 | Senate Floor |
Passed |
|
| Aug 24, 2017 | SB 513 Bradford Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Jul 19, 2017 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 27, 2017 | Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Public Safety |
Passed |
|
| May 31, 2017 | Senate 3rd Reading SB513 Bradford | Senate Floor |
Passed |
|
| May 25, 2017 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 17, 2017 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Mar 28, 2017 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| 1. Need For This Bill | ** Against | Mar 27, 2017 |
| American Civil Liberties Union of California | ** Against | May 27, 2017 |
| American Civil Liberties Union Of California; Courage Campaign | ** Against | Mar 27, 2017 |
| Association For Los Angeles Deputy Sheriffs | ** Support | Jan 2, 2018 |
| california america water | ** Support | Jan 2, 2018 |
| California American Water | ** Support | May 27, 2017 |
| California Association Of Code Enforcement Officers | ** Support | Jan 2, 2018 |
| California Chapters of the National Electrical Contractors Association | ** Support | May 27, 2017 |
| California College And University Police Chiefs Association | ** Support | Jan 2, 2018 |
| California District Attorneys Association | ** Support | Jan 2, 2018 |
| California Municipal Utilities Association | ** Support | Jan 2, 2018 |
| California Narcotics Officers Association | ** Support | Jan 2, 2018 |
| California Special District Association | ** Support | Jan 2, 2018 |
| California Water Association | ** Support | Jan 2, 2018 |
| california water service | ** Support | Jan 2, 2018 |
| Coalition of California Utility Employees | ** Support | Jan 2, 2018 |
| Ernst & Young LLP | * Support | Apr 17, 2017 |
| Golden State Power Cooperative | ** Support | Jan 2, 2018 |
| ibew local 18 | ** Support | Jan 2, 2018 |
| Local IBW 18 Los Angeles | * Support | Mar 28, 2017 |
| Los Angeles County Professional Peace Officers | ** Support | Jan 2, 2018 |
| Los Angeles Police Protective League | ** Support | Jan 2, 2018 |
| norther california power agency | ** Support | Jun 26, 2017 |
| Northern California Power Agency | ** Support | Jan 2, 2018 |
| Pacificorp | ** Support | May 27, 2017 |
| PURPOSE | ** Against | Mar 27, 2017 |
| Riverside Sheriffs Association | ** Support | Jan 2, 2018 |
| Sacramento Municipal Utility District | ** Support | Jan 2, 2018 |
| San Diego Gas & Electric Company | ** Support | Jan 2, 2018 |
| Southern California Edison | ** Support | Jan 2, 2018 |
| Southern California Gas Company | ** Support | Jan 2, 2018 |
| western line constructors | ** Support | May 27, 2017 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
VETO
Bill No: SB 513
:
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 3/28/17
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/17
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
SENATE FLOOR: 40-0, 5/31/17
AYES: Allen, Anderson, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk
SENATE FLOOR: 37-0, 8/31/17 (Consent)
AYES: Allen, Anderson, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Jackson, Lara, Leyva, McGuire, Mendoza, Mitchell, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk
NO VOTE RECORDED: Hueso, Monning, Portantino
ASSEMBLY FLOOR: 76-0, 8/24/17 (Consent) - See last page for vote
SOURCE: Coalition of California Utility Employees
IBEW Local 18
DIGEST:
This bill increases the penalty for assault and battery committed against public utility workers, as specified.
Existing law:
- Defines “assault” as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. (Penal Code § 240)
- Defines the punishment for assault as a fine not exceeding $1,000, or by the imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment. (Penal Code § 241(a).)
- Increases the maximum punishment for assault, as described by Penal Code Section 241(a), to a fine not exceeding $2,000, or by the imprisonment in the county jail not exceeding six months, or by the both the fine and imprisonment, if an assault is committed against the person of a parking control officer engaged in the performance of his or her duties, and the person committing the offense knows, or reasonably should know, that the victim is a parking control officer. (Penal Code § 241(b).)
- Increases the maximum punishment for assault, as described by Penal Code Section 241(a), to a fine not exceeding $2,000, or by the imprisonment in the county jail not exceeding one year, or by the both the fine and imprisonment, if assault is committed against a person of a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process sever, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing assault knows or reasonably should know that the victim is a member of any of the aforementioned professions. (Penal Code § 241(c).)
- Defines “battery” as any willful and unlawful use of force or violence upon the person of another. (Penal Code § 242)
- Defines the punishment for battery as a fine not exceeding $2,000, or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment (Penal Code § 243(a).)
- Increases the maximum punishment for battery, as described by Penal Code Section 243(a), by a fine not exceeding $2,000 or by imprisonment in the county jail not exceeding one year, or by both fine and imprisonment if battery is committed against the person of a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officers, or search and rescue member engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, nonsworn employee of a probation department, or a physician or nurse engaged in rendering emergency medical care. (Penal Code § 243(b).)
- Increases the maximum punishment for battery, as described by Penal Code Section 243(a), by a fine not exceeding $2,000 or by imprisonment in a county jail not exceeding one year, or imprisonment for 16 months, two, or three years, or by both fine and imprisonment, if battery is committed against a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, whether on or off duty, or a nonsworn employee of a probation department engaged in the performance of his or duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a nonsworn employee of a probation department, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, and injury is inflicted on that victim. (Penal Code § 243(c).)
- States that if battery is committed against a person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding on year or imprisonment for two, three, or four years. (Penal Code § 243(d).)
This bill:
- Increases the punishment for assault committed against a utility worker, as defined, engaged in his or her duties, if the person committing the offense knows or reasonably should know that the victim is a utility worker engaged in the performance of an essential service, by a fine not exceeding $2,000, or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.
- Increases the punishment for battery committed against a utility worker, as defined, engaged in the performance of his or her duties, if the person committing the offense knows or reasonably should know that the victim is a utility worker engaged in the performance of an essential service, and if injury is inflicted on the victim, by a fine not exceeding $3,000, or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.
- Defines “utility worker” as a person employed by, or who is a contractor to, an investor-owned or publicly owned water corporation, electrical corporation, gas corporation, or electric cooperative that performs services for or delivers a commodity to the public or any portion thereof and the service performed is the construction, alteration, demolition, installation, maintenance, or repair of water, electrical, or gas infrastructure.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee, potential increase in local incarceration costs, offset to degree by fine revenue.
Coalition of California Utility Employees (co-source)
IBEW Local 18 (co-source)
Association for Los Angeles Deputy Sheriffs
California America Water
California Association of Code Enforcement Officers
California College and University Police Chiefs Association
California District Attorneys Association
California Municipal Utilities Association
California Narcotics Officers Association
California Special District Association
California Water Association
California Water Service
Golden State Power Cooperative
Los Angeles County Professional Peace Officers
Los Angeles Police Protective League
Northern California Power Agency
Riverside Sheriffs Association
San Diego Gas & Electric Company
Sacramento Municipal Utility District
Southern California Edison
Southern California Gas Company
OPPOSITION: (Verified 10/5/17)
None received
ARGUMENTS IN SUPPORT: According to the Sacramento Municipal Utility District:
There are instances when our employees, including tree trimmers, meter technicians, and troubleshooters have been harmed or threatened while on the job. For example, our employees have experienced customers brandishing weapons including swords, broomsticks, golf clubs, and guns. Verbal threats have turned into direct assaults. Specifically, customers have intentionally commanded their dogs to attack employees resulting in significant injuries. It is essential to our industry that we have a workforce that is capable of meeting the needs of a continuously changing power system. This bill will provide much-needed direction to ensure we have a safe environment for our employees.
GOVERNOR'S VETO MESSAGE:
I am returning Senate Bill 513 without my signature.
This bill adds $1,000 to the current penalty for assault or battery if committed against a public utility worker.
I don't believe the additional $1,000 called for in this bill would do much to deter this type of conduct, which is already punishable by either six months or a year in jail, and up to a $2,000 fine depending on the charge.
I would note that the bill further slices and dices our criminal law, dividing the crimes of assault and battery into even more discreet categories, which grow more numerous by the decade. As a general rule I don't think this a good idea.
Our criminal code already has more than 5,000 separate criminal provisions, making it more particularized than it needs to be for an understandable and fair system of justice.
ASSEMBLY FLOOR: 76-0, 8/24/17
AYES: Acosta, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Aguiar-Curry, Travis Allen, McCarty
Prepared by: Stella Choe / PUB. S. /
1/2/18 9:37:40
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 513 |
UNFINISHED BUSINESS
Bill No: SB 513
Amended: 7/10/17
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 3/28/17
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/17
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
SENATE FLOOR: 40-0, 5/31/17
AYES: Allen, Anderson, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk
ASSEMBLY FLOOR: 76-0, 8/24/17 (Consent) - See last page for vote
SUBJECT: Assault and battery of a public utility worker
SOURCE: Coalition of California Utility Employees
IBEW Local 18
DIGEST:
This bill increases the penalty for assault and battery committed against public utility workers, as specified.
Assembly Amendments
minimize confusion regarding the instance in which an increased penalty for assault and battery may be triggered by replacing the term of a utility worker engaged in a “essential service” to a utility worker engaged in “his or her duties.”
Existing law:
- Defines “assault” as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. (Penal Code § 240)
- Defines the punishment for assault as a fine not exceeding $1,000, or by the imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment. (Penal Code § 241(a).)
- Increases the maximum punishment for assault, as described by Penal Code Section 241(a), to a fine not exceeding $2,000, or by the imprisonment in the county jail not exceeding six months, or by the both the fine and imprisonment, if an assault is committed against the person of a parking control officer engaged in the performance of his or her duties, and the person committing the offense knows, or reasonably should know, that the victim is a parking control officer. (Penal Code § 241(b).)
- Increases the maximum punishment for assault, as described by Penal Code Section 241(a), to a fine not exceeding $2,000, or by the imprisonment in the county jail not exceeding one year, or by the both the fine and imprisonment, if assault is committed against a person of a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process sever, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing assault knows or reasonably should know that the victim is a member of any of the aforementioned professions. (Penal Code § 241(c).)
- Defines “battery” as any willful and unlawful use of force or violence upon the person of another. (Penal Code § 242)
- Defines the punishment for battery as a fine not exceeding $2,000, or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment (Penal Code § 243(a).)
- Increases the maximum punishment for battery, as described by Penal Code Section 243(a), by a fine not exceeding $2,000 or by imprisonment in the county jail not exceeding one year, or by both fine and imprisonment if battery is committed against the person of a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officers, or search and rescue member engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, nonsworn employee of a probation department, or a physician or nurse engaged in rendering emergency medical care. (Penal Code § 243(b).)
- Increases the maximum punishment for battery, as described by Penal Code Section 243(a), by a fine not exceeding $2,000 or by imprisonment in a county jail not exceeding one year, or imprisonment for 16 months, two, or three years, or by both fine and imprisonment, if battery is committed against a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, whether on or off duty, or a nonsworn employee of a probation department engaged in the performance of his or duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a nonsworn employee of a probation department, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, and injury is inflicted on that victim. (Penal Code § 243(c).)
- States that if battery is committed against a person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding on year or imprisonment for two, three, or four years. (Penal Code § 243(d).)
This bill:
- Increases the punishment for assault committed against a utility worker, as defined, engaged in his or her duties, if the person committing the offense knows or reasonably should know that the victim is a utility worker engaged in the performance of an essential service, by a fine not exceeding $2,000, or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.
- Increases the punishment for battery committed against a utility worker, as defined, engaged in the performance of his or her duties, if the person committing the offense knows or reasonably should know that the victim is a utility worker engaged in the performance of an essential service, and if injury is inflicted on the victim, by a fine not exceeding $3,000, or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.
- Defines “utility worker” as a person employed by, or who is a contractor to, an investor-owned or publicly owned water corporation, electrical corporation, gas corporation, or electric cooperative that performs services for or delivers a commodity to the public or any portion thereof and the service performed is the construction, alteration, demolition, installation, maintenance, or repair of water, electrical, or gas infrastructure.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee, potential increase in local incarceration costs, offset to degree by fine revenue.
Coalition of California Utility Employees (co-source)
IBEW Local 18 (co-source)
Association for Los Angeles Deputy Sheriffs
California America Water
California Association of Code Enforcement Officers
California College and University Police Chiefs Association
California District Attorneys Association
California Municipal Utilities Association
California Narcotics Officers Association
California Special District Association
California Water Association
California Water Service
Golden State Power Cooperative
Los Angeles County Professional Peace Officers
Los Angeles Police Protective League
Northern California Power Agency
Riverside Sheriffs Association
Sacramento Municipal Utility District
San Diego Gas & Electric Company
Southern California Edison
Southern California Gas Company
OPPOSITION: (Verified 8/24/17)
None received
ARGUMENTS IN SUPPORT: According to the Sacramento Municipal Utility District (SMUD):
There are instances when our employees, including tree trimmers, meter technicians, and troubleshooters have been harmed or threatened while on the job. For example, our employees have experienced customers brandishing weapons including swords, broomsticks, golf clubs, and guns. Verbal threats have turned into direct assaults. Specifically, customers have intentionally commanded their dogs to attack employees resulting in significant injuries. It is essential to our industry that we have a workforce that is capable of meeting the needs of a continuously changing power system. This bill will provide much-needed direction to ensure we have a safe environment for our employees.
ASSEMBLY FLOOR: 76-0, 8/24/17
AYES: Acosta, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Aguiar-Curry, Travis Allen, McCarty
Prepared by: Nico Galván / PUB. S. /
8/25/17 10:55:01
**** END ****
Date of Hearing: July 19, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 513
Author:(Bradford) – As Amended Ver:July 10, 2017
Policy Committee: | Public Safety | Vote: | 6 - 0 |
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill increases the fines for assault and battery committed against the person of a utility worker, as defined, engaged in the performance of his or her duties when the person committing the offense knows or reasonably should know that the victim is a utility worker engaged in the performance of his or her duties. The assault is punishable by imprisonment in a county jail for up to six months and/or by a fine of up to $2,000, and battery is punishable in a county jail for up to six months and/or by a fine of up to $3,000.
FISCAL EFFECT:
Potential increase in local incarceration costs, offset to degree by fine revenue.
COMMENTS:
- Background. Current law provides that assault is punishable by a fine of up to $1,000, and/or by imprisonment in the county jail for up to six months, and battery is punishable by a fine of up to $2,000, and/or by imprisonment in a county jail for up to six months. However, current law provides that when an assault or battery is committed against the person of a specified profession, such as peace officer, firefighter, emergency medical technician (EMT), mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or a search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, EMT, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or a search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, the assault is punishable by a fine not exceeding $2,000, and/or by imprisonment in the county jail not exceeding one year.
- Purpose. SB 513 increases the maximum fines for assault and battery upon the person of a utility worker. Utility worker is defined as a person employed by, or who is a contractor to, an investor-owned or publicly owned water corporation, or electrical corporation, or gas corporation, or electric cooperative that performs services for or delivers a commodity to the public or any portion thereof and the service performed is the construction, alteration, maintenance, or repair of water, electrical, or gas infrastructure.
According to the author, “One of the investor owned utilities reported more than 700 assaults in the past three years. Some of these utility workers have been threatened by dogs and weapons or physical assault. We need to ensure a safer work environment for utility employees.”
“By establishing a fine SB 513 will help thwart attacks on utility workers. This bill sends a strong message that this Legislature supports utility workers and opposes any violence that may be perpetrated against them
- Support. According to the Sacramento Municipal Utility District (SMUD), "There are instances when our employees, including tree trimmers, meter technicians, and troubleshooters have been harmed or threatened while on the job. For example, our employees have experienced customers brandishing weapons including swords, broomsticks, golf clubs, and guns. Verbal threats have turned into direct assaults."
- Opposition. According to the American Civil Liberties Union, "adding new provisions specifically to address batteries and assaults on utility workers will only add to our already complicated Penal Code without measurable benefit."
- Prior Legislation: AB 1959 (Rodriquez), of the 2015-2016 Legislative Session, would have increased the felony state prison punishment for assault upon the person of an emergency medical technician with a deadly weapon, firearm, semiautomatic firearm, .50 caliber sniper rifle, or machine gun. AB 1959 was held by this Committee on Suspense.
AB 152 (Rodriguez), of the 2015-2016 Legislative Session, would have increased the penalties for assault and battery committed against a physician, nurse, or other health care worker engaged in performing services within the emergency department, and the person committing the offense knows or reasonably should know that the victim is a physician, nurse, or other health care worker engaged in performing services within the emergency department. AB 152 was vetoed by the Governor.
SB 390 (La Malfa), Chapter 249, Statutes of 2011, increased the penalties for assault and battery against the person of a search and rescue member engaged in the performance of his or her duty.
SB 406 (Lieu), Chapter 250, Statutes of 2011, increased the penalties for assault and battery against the person of a security officer or custodial assistant engaged in the performance of his or her duty.
SB 409 (Lowenthal), Chapter 410, Statutes of 2009, increased the penalties for assault and battery against the person of a highway worker engaged in the performance of his or her duty.
AB 1686 (Leno), Chapter 243, Statutes of 2007, increased the fine from $1,000 to $2,000 when an assault is committed against a parking control officer in the performance of his or her duty.
Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081
Date of Hearing: June 27, 2017
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
SBPCA Bill Id:SB 513
Author:(Bradford) – As Amended Ver:May 26, 2017
As Proposed to be Amended in Committee
SUMMARY: Increases the fines for assault and battery committed against the person of a utility worker engaged in the performance of his or her duties when the person committing the offense knows or reasonably should know that the victim is a utility worker engaged in the performance of his or her duties. Specifically, this bill:
- Provides that if an assault is committed against the person of a utility worker engaged in the performance of his or her duties, and the person committing the offense knows or reasonably should know that the victim is a utility worker engaged in the performance of his or her duties, the assault is punishable by a fine not to exceed $2,000, by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.
- States that a battery is committed against the person of a utility worker engaged in performing his or her duties, and the person committing the battery knows or reasonably should know that the victim is a utility worker engaged in performing his or her duties, and an injury is inflicted upon the victim, the battery shall be punished by a fine not exceeding $3,000, by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.
- Defines "utility worker" means “a person employed by, or who is a contractor to, an investor-owned or publicly owned water corporation, or electrical corporation, or gas corporation, or electric cooperative that performs services for or delivers a commodity to the public or any portion thereof and the service performed is the construction, alteration, maintenance, or repair of water, electrical, or gas infrastructure.”
EXISTING LAW:
- Defines "assault" as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” (Pen. Code, § 240.)
- Provides that assault is punishable by a fine not exceeding $1,000, by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment. (Pen. Code, § 241, subd. (a).)
- Proscribes that when an assault is committed against the person of a peace officer, firefighter, emergency medical technician (EMT), mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or a search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, EMT, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or a search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, the assault is punishable by a fine not exceeding $2,000, by imprisonment in the county jail not exceeding one year, or by both fine and imprisonment. (Pen. Code § 241, subd. (c).)
- Defines "battery" as “any willful and unlawful use of force or violence upon the person of another.” (Pen. Code, § 242.)
- Makes battery punishable by a fine not exceeding $2,000, by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. (Pen. Code § 243, subd. (a).)
- Provides that when a battery is committed against the person of a peace officer, custodial officer, firefighter, EMT, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, or animal control officer, or search and rescue member engaged in the performance of his or her duties, or a nonsworn employee of a probation department engaged in the performance of his or her duties, or a physician or nurse providing emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, custodial officer, firefighter, EMT, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, or animal control officer, or search and rescue member engaged in the performance of his or her duties, or a nonsworn employee of a probation department engaged in the performance of his or her duties, or a physician or nurse providing emergency medical care, the battery is punishable by up to one year in the county jail, by a fine of up to $2,000, or by both a fine and imprisonment. If the victim suffers an injury requiring medical care, the crime is an alternate felony misdemeanor, punishable by up to one year in the county jail, by a fine of up to $2,000, by both a fine and imprisonment, or by 16 months, two or three years in county jail. (Pen. Code, § 243, subds. (b) & (c).)
- Provides that a battery committed against any person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one year or imprisonment for two, three, or four years. (Pen. Code, § 243, subd. (d).)
- States battery upon a peace officer engaged in the performance of his or her duties is punishable by a fine not to exceed $10,000, imprisonment in a county jail not to exceed one year or for 16 months, two or three years, or by both a fine and imprisonment. (Pen. Code, § 243, subd. (c)(2).)
- Makes an assault upon person of another with force likely to produce great bodily injury punishable by two, three, or four years in the state prison or in a county jail for not exceeding one year, or by a fine not to exceed $10,000, or by both a fine and imprisonment. (Pen. Code, § 245, subd. (a)(4).)
FISCAL EFFECT: Unknown
COMMENTS:
- Author's Statement: According to the author, "Utility workers put their lives on the line, often in adverse weather conditions, in order to restore and maintain gas, electric, and water services. They may need to enter private property to trim trees to prevent wildfires to protect lives and property. In the normal course of performing their work utility workers must work on private property, sometimes without the owner’s approval if it is an emergency.
“One of the investor owned utilities reported more than 700 assaults in the past three years. Some of these utility workers have been threatened by dogs and weapons or physical assault. We need to ensure a safer work environment for utility employees.
“By establishing a fine SB 513 will help thwart attacks on utility workers. This bill sends a strong message that this Legislature supports utility workers and opposes any violence that may be perpetrated against them.”
- Effect of this bill: This bill would increase the maximum fines for assault and battery upon the person of a utility worker. Utility worker is defined as a person employed by, or who is a contractor to, an investor-owned or publicly owned water corporation, or electrical corporation, or gas corporation, or electric cooperative that performs services for or delivers a commodity to the public or any portion thereof and the service performed is the construction, alteration, maintenance, or repair of water, electrical, or gas infrastructure.
- Argument in Support: According to the Sacramento Municipal Utility District (SMUD), "There are instances when our employees, including tree trimmers, meter technicians, and troubleshooters have been harmed or threatened while on the job. For example, our employees have experienced customers brandishing weapons including swords, broomsticks, golf clubs, and guns. Verbal threats have turned into direct assaults. Specifically, customers have intentionally commanded their dogs to attack employees resulting in significant injuries. It is essential to our industry that we have a workforce that is capable of meeting the needs of a continuously changing power system. This bill will provide much-needed direction to ensure we have a safe environment for our employees."
- Argument in Opposition: According to the American Civil Liberties Union, "We believe that the existing penalties for assault and battery are more than sufficient to punish the behavior contemplated by SB 513, and adding new provisions specifically to address batteries and assaults on utility workers will only add to our already complicated Penal Code without measurable benefit. Recent studies have found that the certainty of punishment (in other words, the fact that someone will be punished for a particular crime) has a greater deterrent effect than the severity of the punishment itself. Thus, adding a new alternative sentencing scheme for offenses that can already be punished under California law will not deter future crime or make our communities any safer."
- Prior Legislation:
- AB 1959 (Rodriquez) of the 2015-2016 Legislative Session increased the felony state prison punishment for assault upon the person of an emergency medical technician with a deadly weapon, firearm, semiautomatic firearm, .50 caliber sniper rifle, or machine gun. AB 1959 was held on the Assembly Appropriations Committee suspense file.
- AB 152 (Rodriguez) of the 2015-2016 Legislative Session increased the penalties for assault and battery committed against a physician, nurse, or other health care worker engaged in performing services within the emergency department, and the person committing the offense knows or reasonably should know that the victim is a physician, nurse, or other health care worker engaged in performing services within the emergency department. AB 152 was vetoed by the Governor.
- SB 390 (La Malfa), Chapter 249, Statutes of 2011, increased the penalties for assault and battery against the person of a search and rescue member engaged in the performance of his or her duty.
- SB 406 (Lieu), Chapter 250, Statutes of 2011, increased the penalties for assault and battery against the person of a security officer or custodial assistant engaged in the performance of his or her duty.
- SB 409 (Lowenthal), Chapter 410, Statutes of 2009, increased the penalties for assault and battery against the person of a highway worker engaged in the performance of his or her duty.
- AB 1686 (Leno), Chapter 243, Statutes of 2007, increased the fine from $1,000 to $2,000 when an assault is committed against a parking control officer in the performance of his or her duty.
- AB 1959 (Rodriquez) of the 2015-2016 Legislative Session increased the felony state prison punishment for assault upon the person of an emergency medical technician with a deadly weapon, firearm, semiautomatic firearm, .50 caliber sniper rifle, or machine gun. AB 1959 was held on the Assembly Appropriations Committee suspense file.
REGISTERED SUPPORT / OPPOSITION:
Support
IBEW Local 18
Coalition of California Utility Employees
California Water Association
California America Water
California Water Service
California Special District Association
California Municipal Utilities Association
California District Attorneys Association
Association for Los Angeles Deputy Sheriffs
California Association of Code Enforcement Officers
California College and University Police Chiefs Association
California Narcotics Officers Association
Los Angeles County Professional Peace Officers
Los Angeles Police Protective League
Riverside Sheriffs Association
Golden State Power Cooperative
Southern California Gas company
San Diego Gas & Electric Company
Sacramento Municipal Utility District
Southern California Edison
Norther California Power Agency
Opposition
None
Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 513
:
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 3/28/17
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/17
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
SOURCE: Coalition of California Utility Employees
IBEW Local 18
DIGEST:
This bill increases the penalty for assault and battery committed against public utility workers, as specified.
Existing law:
- Defines “assault” as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. (Penal Code § 240)
- Defines the punishment for assault as a fine not exceeding one thousand dollars ($1,000.00), or by the imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment. (Penal Code § 241(a).)
- Increases the maximum punishment for assault, as described by Penal Code § 241(a), to a fine not exceeding two thousand dollars ($2,000.00), or by the imprisonment in the county jail not exceeding six months, or by the both the fine and imprisonment, if an assault is committed against the person of a parking control officer engaged in the performance of his or her duties, and the person committing the offense knows, or reasonably should know, that the victim is a parking control officer. (Penal Code § 241(b).)
- Increases the maximum punishment for assault, as described by Penal Code § 241(a), to a fine not exceeding two thousand dollars ($2,000.00), or by the imprisonment in the county jail not exceeding one year, or by the both the fine and imprisonment, if assault is committed against a person of a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process sever, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing assault knows or reasonably should know that the victim is a member of any of the aforementioned professions. (Penal Code § 241(c).)
- Defines “battery” as any willful and unlawful use of force or violence upon the person of another. (Penal Code § 242)
- Defines the punishment for battery as a fine not exceeding two thousand dollars ($2,000.00), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment (Penal Code § 243(a).)
- Increases the maximum punishment for battery, as described by Penal Code § 243(a), by a fine not exceeding two thousand ($2,000.00) or by imprisonment in the county jail not exceeding one year, or by both fine and imprisonment if battery is committed against the person of a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officers, or search and rescue member engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, nonsworn employee of a probation department, or a physician or nurse engaged in rendering emergency medical care. (Penal Code §243(b).)
- Increases the maximum punishment for battery, as described by Penal Code § 243(a), by a fine not exceeding two thousand ($2,000.00) or by imprisonment in a county jail not exceeding one year, or imprisonment for 16 months, two, or three years, or by both fine and imprisonment, if battery is committed against a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, whether on or off duty, or a nonsworn employee of a probation department engaged in the performance of his or duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a nonsworn employee of a probation department, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, and injury is inflicted on that victim. (Penal Code §243(c).)
- States that if battery is committed against a person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding on year or imprisonment for two, three, or four years. (Penal Code §243(d).)
This bill:
- Increases the punishment for assault committed against a utility worker, as defined, engaged in the performance of an essential service, if the person committing the offense knows or reasonably should know that the victim is a utility worker engaged in the performance of an essential service, by a fine not exceeding $2,000, or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.
- Increases the punishment for battery committed against a utility worker, as defined, engaged in the performance of an essential service, if the person committing the offense knows or reasonably should know that the victim is a utility worker engaged in the performance of an essential service, and if injury is inflicted on the victim, by a fine not exceeding $3,000, or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.
- Defines a public utility as a person employed by, or who is a contractor to, an investor-owned or public owned water corporation, electrical corporation, gas corporation, or electric cooperative that performs services for or delivers a commodity to the public or any portion thereof and the service performed is the construction, alteration, demolition, installation, maintenance, or repair of water, electrical, or gas infrastructure.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
- No state costs. This bill will be enforced at the local level, and is not a reimbursable state mandate because the local jurisdiction can assess penalties to recover costs.
Coalition of California Utility Employees (co-source)
IBEW Local 18 (co-source)
Association for Los Angeles Deputy Sheriffs
California American Water
California Association of Code Enforcement Officers
California Chapters of the National Electrical Contractors Association
California College and University Police Chiefs Association
California District Attorneys Association
California Municipal Utilities Association
California Narcotic Officers Association
California Water Association
California Water Service
Golden State Power Cooperative
Los Angeles County Professional Peace Officers Association
Los Angeles Police Protective League
Northern California Power Agency
PacifiCorp
Riverside Sheriffs Association
Sacramento Municipal Utility District
Southern California Gas Company and San Diego Gas & Electric Company (collectively known as the Sempra Energy Utilities)
Southern California Edison
Western Line Constructors
OPPOSITION: (Verified 5/26/17)
American Civil Liberties Union of California
Courage Campaign
ARGUMENTS IN SUPPORT: According to California Gas Company and San Diego Gas & Electric Company (collectively known as the Sempra Energy Utilities):
Our trained staff responds to a multitude of calls in various locations, from mobile home parks to apartment buildings, businesses, and single-family homes. Each time a worker enters a dwelling, it is in trust that no harm will come to him or her in that space. However, this is not always the case. For example, in 2015, two of our employees were the victims of an attack in Pico Rivera, when a customer shot at them with a pellet gun while they attempted to complete their work. Incidents such as these should be strongly discouraged, as they undermine the ability of utility workers to accomplish their tasks, which are sometimes urgent and relevant to public safety.
ARGUMENTS IN OPPOSITION: According to the American Civil Liberties Union of California:
We believe that these existing penalties [for battery and assault] are more than sufficient to punish the behavior contemplated by SB 513, and that adding new provisions specifically to address batteries and assaults on utility workers will only add to our already complicated Penal Code without measurable benefit. Recent studies have found that certain of punishment (in other words, the fact that someone will be punished for a particular crime) has a greater deterrent effect than the severity of the punishment itself. (Footnote omitted.) Thus, adding a new alternative sentencing scheme for offenses that can already be punished under California law will not deter future crime or make our communities any safer.
5/27/17 15:46:47
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 513 (Bradford) - Assault and battery of a public utility worker
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on May 25, 2017
Bill Summary:
SB 513 increases the fine penalties that may be assessed for assault or battery committed against a utility worker, as defined.
Fiscal Impact:
No state costs. This bill will be enforced at the local level, and is not a reimbursable state mandate because the local jurisdiction can assess penalties to recover costs.
Author Amendments:
Clarify the definition of a “utility worker”.
Committee Amendments:
Remove language increasing maximum term of imprisonment for battery against a utility worker.
-- END --
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 513 (Bradford) - Assault and battery of a public utility worker
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 513 increases the penalty for assault or battery committed against a utility worker.
Fiscal Impact:
- Potential increase in state costs (General Fund) to the extent creating the new felony offense leads to additional commitments to state prison. In the absence of comparable data, it is unknown how many cases may be impacted on an annual basis. For every five new commitments to state prison, costs would exceed $150,000 per year assuming the in-state contract bed cost of $34,000. To the extent the actual number of felony convictions is greater or fewer would commensurately impact annual state costs. For individuals committed to a non-contract facility (state-owned and operated), costs or bed can reach $75,560.
Background:
Existing law defines assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another and establishes that assault is punishable by fines up to $1,000, up to six months in county jail, or both. It also defines “battery” as any willful and unlawful use of force or violence upon the person of another, and specifies the punishment for battery is a fine up to $2,000, up to six months in county jail, or both. The maximum punishment (fine and/or imprisonment term) increase for both assault and battery committed against specified persons engaged in the performance of his or her duties, and the person committing the offense knows, or reasonably should know, that the victim is a member of any of certain specified professions.
Realignment. California’s Public Safety Realignment Act of 2011 transferred jurisdiction and funding for managing lower-level criminal offenders from the State to the counties. Under Realignment, certain offenders began serving their felony sentences in county jail rather than prison. Realignment also changed California’s system of community corrections. Prior to Realignment, every inmate released from prison was supervised by State parole agents, and parole violators could be revoked to State prison for up to one year.
After October 1, 2011, probation departments administer a system of post-release community supervision (PRCS) to complement State parole. State parole agents continue to supervise high-risk sex offenders, lifers, and any other offenders who are released from prison after having been incarcerated for a current serious or violent crime. All other inmates released from prison are placed on PRCS. A complex funding formula is used to reimburse counties for additional costs resulting from realignment.
Certain individuals are not eligible to serve their imprisonment term in county jail for a realigned offense. These include those who have previously committed a violent, serious, or sexual offense.
Proposed Law:
This bill:
- Increases the punishment for assault from $1,000 to $2,000, or up to one year in county jail (instead of six months), if the assault is committed against a utility worker engaged in the performance of essential services, and if the person committing the offense knows or reasonably should know that the victim is a utility worker engaged in the performance of the service.
- Increases the maximum punishment for battery, from $1,000 to $2,000, or up to one year in county (instead of six months), if the assault is committed against a utility worker engaged in the performance of essential services, and if the person committing the offense knows or reasonably should know that the victim is a utility worker engaged in the performance of the service.
- Increases the maximum imprisonment term in county jail for battery that results in injury to up to 16 months, or two or three years, if the battery is committed against a utility worker engaged in the performance of essential services, and if the person committing the offense knows or reasonably should know that the victim is a utility worker engaged in the performance of the service, and if injury in inflicted on the victim.
- Defines a “utility worker” as a person employed by an investor-owned public utility or publicly owned public utility.
Staff Comments:
Purpose of the bill. According to the author,
“Current law provides a fine or imprisonment, or both, if an assault or injury is committed against a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic.
Utility workers put their lives on the line, often in adverse weather conditions, in order to restore and maintain gas and electric energy services.
By creating a penalty enhancement, SB 513 will help thwart attacks on utility workers, sends a strong message that this Legislature supports utility workers and opposes any violence that may be perpetrated against them.”
Costs. The costs of this bill are unclear as the potential impact will be determined by numerous factors including but not limited to the behavior and charging decisions of prosecutors, and the prior criminal history of defendants charged with the new felony.
State mandate not reimbursable. This bill constitutes a state mandate. However, under the California Constitution, costs associated legislation defining a new crime or changing an existing definition of a crime are not reimbursable.
-- END --
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: SB 513 Hearing Date: March 28, 2017
Author: | Bradford | ||
Version: | February 16, 2017 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | NQG | ||
Subject: Assault and Battery of a Public Utility Worker
HISTORY
Source: IBEW local 18 and Coalition of California Utility
Prior Legislation: AB 172 (Rodriguez) –Vetoed by Governor, 2015
SB 390 (La Mafia) – Chaptered 249, Statutes of 2011
SB 406 (Lieu) – Chapter 250, Statutes of 2011
Support: Association for Los Angeles Deputy Sheriffs; California American Water; California Association of Code Enforcement Officers; California Chapters of the National Electrical Contractors Association; California College and University Police Chiefs Association; California District Attorneys Association; California Municipal Utilities Association; California Narcotic Officers Association; California Water Association; California Water Service; Golden State Power Cooperative; Los Angeles County Professional Peace Officers Association; Los Angeles Police Protective League; Northern California Power Agency; PacifiCorp; Sacramento Municipal Utility District (SMUD); Riverside Sheriffs Association; Southern California Gas Company and San Diego Gas & Electric Company (collectively known as the Sempra Energy Utilities); Western Line Constructors
Opposition: American Civil Liberties Union of California; Courage Campaign
PURPOSE
The purpose of this bill is to increase the penalty for assault and battery, as specified.
Existing law defines “assault” as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. (Penal Code § 240)
Existing law defines the punishment for assault as a fine not exceeding one thousand dollars ($1,000.00), or by the imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment. (Penal Code § 241(a).)
Existing law increases the maximum punishment for assault, as described by Penal Code § 241(a), to a fine not exceeding two thousand dollars ($2,000.00), or by the imprisonment in the county jail not exceeding six months, or by the both the fine and imprisonment, if an assault is committed against the person of a parking control officer engaged in the performance of his or her duties, and the person committing the offense knows, or reasonably should know, that the victim is a parking control officer. (Penal Code § 241(b).)
Existing law increases the maximum punishment for assault, as described by Penal Code § 241(a), to a fine not exceeding two thousand dollars ($2,000.00), or by the imprisonment in the county jail not exceeding one year, or by the both the fine and imprisonment, if assault is committed against a person of a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process sever, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing assault knows or reasonably should know that the victim is a member of any of the aforementioned professions. (Penal Code § 241(c).)
Existing law defines “battery” as any willful and unlawful use of force or violence upon the person of another. (Penal Code § 242)
Existing law defines the punishment for battery as a fine not exceeding two thousand dollars ($2,000.00), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment (Penal Code § 243(a).)
Existing law increases the maximum punishment for battery, as described by Penal Code § 243(a), by a fine not exceeding two thousand ($2,000.00) or by imprisonment in the county jail not exceeding one year, or by both fine and imprisonment if battery is committed against the person of a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officers, or search and rescue member engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, nonsworn employee of a probation department, or a physician or nurse engaged in rendering emergency medical care. (Penal Code §243(b).)
Existing law increases the maximum punishment for battery, as described by Penal Code § 243(a), by a fine not exceeding two thousand ($2,000.00) or by imprisonment in a county jail not exceeding one year, or imprisonment for 16 months, two, or three years, or by both fine and imprisonment, if battery is committed against a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, whether on or off duty, or a nonsworn employee of a probation department engaged in the performance of his or duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a nonsworn employee of a probation department, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, and injury is inflicted on that victim. (Penal Code §243(c).)
Existing law states that if battery is committed against a person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding on year or imprisonment for two, three, or four years. (Penal Code §243(d).)
This bill would increase the punishment for assault by a fine not exceeding two thousand dollars ($2,000.00), or by imprisonment in the county jail not exceeding one year, or by both the fine and imprisonment, if the assault is committed against a utility worker engaged in the performance of essential services, and if the person committing the offense knows or reasonably should know that the victim is a utility worker engaged in the performance of the service.
This bill would increase the maximum punishment for battery, as described by Penal Code § 243(a), by a fine not exceeding two thousand ($2,000.00) or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, if the battery is committed against a utility worker engaged in the performance of essential services, and if the person committing the offense knows or reasonably should know that the victim is a utility worker engaged in the performance of the service.
This bill would increase the maximum punishment for battery, as described by Penal Code § 243(a), by a fine not exceeding two thousand dollars ($2,000.00), by imprisonment in a county jail not exceeding on year, or by both fine and imprisonment, of 16 months, or two or three years, if the battery is committed against a utility worker engaged in the performance of essential services, and if the person committing the offense knows or reasonably should know that the victim is a utility worker engaged in the performance of the service, and if injury in inflicted on the victim.
This bill would define a “utility worker” as a person employed by an investor-owned public utility or publicly owned public utility.
COMMENTS
1. Need for This Bill
According to the author:
Current law provides a fine or imprisonment, or both, if an assault or injury is committed against a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic.
Utility workers put their lives on the line, often in adverse weather conditions, in order to restore and maintain gas and electric energy services.
By creating a penalty enhancement, SB 513 will help thwart attacks on utility workers, sends a strong message that this Legislature supports utility workers and opposes any violence that may be perpetrated against them.
Similar laws have been enacted in Missouri, West Virginia, Pennsylvania, and New York State.
In 2012, two PG&E crews were working on a busy street when a driver plowed into them, pinning one worker, Rayshawn Neely, between his car and a PG&E truck. The driver then assaulted Mr. Neely before the crew and others stopped him.
In 2015, a man used a pellet gun to shoot at two gas natural gas employees as they worked at his mother’s home in Pico Rivera.
2. Effect of This Bill
This bill would increase the penalty for assault or battery if these crimes are committed against utility workers, as specified.
This bill defines a “public utility worker” as a person employed by an investor-owned public utility or publicly owned public utility.
According to the Sacramento Municipal Utility District (SMUD):
There are instances when our employees, including tree trimmers, meter technicians, and troubleshooters have been harmed or threatened while on the job. For example, our employees have experienced customers brandishing weapons including swords, broomsticks, golf clubs, and guns. Verbal threats have turned into direct assaults. Specifically, customers have intentionally commanded their dogs to attack employees resulting in significant injuries. It is essential to our industry that we have a workforce that is capable of meeting the needs of a continuously changing power system. This bill will provide much-needed direction to ensure we have a safe environment for our employees
According to California Gas Company and San Diego Gas & Electric Company (collectively known as the Sempra Energy Utilities):
Our trained staff respond to a multitude of calls in various locations, from mobile home parks to apartment buildings, businesses, and single-family homes. Each time a worker enters a dwelling, it is in trust that no harm will come to him or her in that space. However, this is not always the case. For example, in 2015, two of our employees were the victims of an attack in Pico Rivera, when a customer shot at them with a pellet gun while they attempted to complete their work. Incidents such as these should be strongly discouraged, as they undermine the ability of utility workers to accomplish their tasks, which are sometimes urgent and relevant to public safety.
To address these issues this bill seeks to increase the penalty for assault and battery on utility workers, as specified.
3. Proposed Amendments
This bill will be amended to:
(1) Narrow the definition of any investor owned public utility or publicly owned public utility to any investor owned or publicly owned water corporation, electrical corporations, gas corporation, and electric cooperative, where the service is performed for, or the commodity is delivered to, the public or any portion thereof.
(2) Remove the independent section of increased penalties for assault committed against utility workers, and add utility worker to the corresponding code section for existing increased maximum penalties for assault.
(3) Remove the independent section of increased penalties for battery committed against utility workers, and add utility worker to corresponding code section for existing increased maximum penalties for battery.
(4) Remove the independent sections of increased penalties for battery committed against utility workers in case which injury occur, and add utility worker to corresponding code section for existing increased maximum penalties for battery in cases which injury occur.
– END –
Discussed in Hearing
1MIN
Senate Floor
48MIN
Senate Standing Committee on Appropriations
3MIN
Senate Standing Committee on Appropriations
7MIN
Senate Standing Committee on Public Safety
Bill Author
Bill Co-Author(s):