Existing law provides that when a battery is committed against the person of an operator, driver, or passenger on a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle, as specified, and the person who commits the offense knows or reasonably should know that the victim is engaged in the performance of their duties, the penalty is imprisonment in a county jail not exceeding one year, a fine not exceeding $10,000, or both the fine and imprisonment. Existing law also provides that if the victim is injured, the offense would be punished by a fine not exceeding $10,000, by imprisonment in a county jail not exceeding one year or in the state prison for 16 months, 2, or 3 years, or by both that fine and imprisonment.

Existing law provides that when a battery is committed against the person of an operator, driver, or passenger on a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle, as specified, and the person who commits the offense knows or reasonably should know that the victim is engaged in the performance of their duties, the penalty is imprisonment in a county jail not exceeding one year, a fine not exceeding $10,000, or both the fine and imprisonment. Existing law also provides that if the victim is injured, the offense would be punished by a fine not exceeding $10,000, by imprisonment in a county jail not exceeding one year or in the state prison for 16 months, 2, or 3 years, or by both that fine and imprisonment.

This bill would make technical, nonsubstantive changes to this provision.

Date of Hearing:

Counsel: Ilan Zur

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Kevin McCarty, Chair

ABPCA Bill Id:AB 2824

Author:(McCarty) – As Amended Ver:March 21, 2024

SUMMARY:

Expands the criminal penalties associated with committing battery against operators, drivers or passengers of specified public transportation vehicles, to include employees and contractors of a public transportation provider.

EXISTING LAW:

1. Defines assault an “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another” punishable by a fine up to $1,000 or up to six months in county jail. (Pen. Code, §§ 240, 241, subd. (a).)
2. Defines “battery” as the willful and unlawful use of force or violence upon another person, and makes the offense punishable by up to six months in the county jail, by a fine not to exceed $2,000, or by both. (Pen. Code, §§ 242 & 243, subd. (a).)
   
3. Provides that when a battery is committed upon any person and serious bodily injury is inflicted upon that person, the offense is punishable as a “wobbler” with a possible sentence of up to one year in the county jail, or for two, three, or four years in the county jail. (Pen. Code, § 243, subd. (d).)
4. Provides when a battery is committed against the person of an operator, driver, or passenger on a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in the air, used for the transportation of persons for hire, or against a school bus driver, or against the person of a station agent or ticket agent for the entity providing the transportation, and the person who commits the offense knows or reasonably should know that the victim, in the case of an operator, driver, or agent, is engaged in the performance of his or her duties, or is a passenger the offense shall be punished by a fine not exceeding $10,000, or by imprisonment in a county jail not exceeding one year. (Pen. Code, § 243.3.)
5. Provides that if injury is inflicted on a victim of the above battery, the offense shall be punished by a fine not exceeding $10,000, or by imprisonment in a county jail not exceeding one year or in the state prison for 16 months, or two or three years. (Pen. Code, § 243.3.)
6. Provides that except as provided above, when a battery is committed against any person on the property of, or in a motor vehicle of, a public transportation provider, the offense shall be punished by a fine not to exceed 2,000, or by imprisonment in a county jail up to 1 year. (Pen. Code, § 243.35, subd. (a).)
7.  Defines, “public transportation provider” as a publicly or privately owned entity that operates, for the transportation of persons for hire, a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in air, or that operates a school-bus. (Pen. Code, § 243.35, subd. (b).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “Ensuring that workers and riders on public transit are safe is a top priority. AB 2824 improves public transit safety by enhancing penalties on those who would harm a public transit employee or contractor.”
2. Increase in Assaults in Transit Workers: According to the U.S. Department of Transportation “Assaults on transit workers are a significant and growing concern in the transit industry. From 2008 to 2021, the National Transit Database (NTD) documented an average of 241 transit worker assault major events1 per year, including 192 per year occurring in or on transit vehicles, 44 per year occurring in transit revenue facilities, and five per year occurring in other non-public locations, such as maintenance shops and yards. The number of reported transit worker assaults per 100 million vehicle revenue miles (VRM) increased by an average of eight percent per year from 2008 to 2021—a 121 percent total increase from the 2008 transit worker assault rate. This data may significantly underestimate the true number and rate of assaults on transit workers. Today, NTD reporting requirements focus on the most serious events—those that meet the NTD ‘major event’ reporting threshold, as defined by the NTD reporting manual.” United States Department of Transportation, Required Actions Regarding Transit Worker Assault (Oct. 4, 2022). Available at: <https://www.transit.dot.gov/sites/fta.dot.gov/files/2022-10/FTA-Special-Directive-22-21-to-the-Metro-Transit.pdf> [as of April 16, 2024].)
3. Background: An assault is “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” (Pen. Code, § 240.) A battery is “any willful and unlawful use of force or violence upon the person of another.” (Pen. Code, § 242.) Assault is essentially attempted battery. “Simple assault” is included in the offense of battery, and a conviction of the latter would subsume the assault. By definition one cannot commit battery without also committing a “simple” assault which is nothing more than an attempted battery. (People v. Fuller (1975) 53 Cal. App. 3d 417.) An example of an assault would be if a person swung at another person without hitting them, whereas if the person did strike the other person, the conduct would become a battery.

Existing laws specifically address assault and battery on operators, drivers, or passengers on a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in the air, used for the transportation of persons for hire, or against a school-bus driver, station agent or ticket agent for the entity providing the transportation. Whereas a simple assault or battery is punishable by up to six months in jail, if a simple assault or battery is committed on an operator, driver, or passenger of the above specified transportation options where the perpetrator knows the victim is a passenger, or an operator, driver, or agent engaged in the performance of their duties, the perpetrator faces the possibility of an additional six months in jail, for a maximum sentence of up to one year in jail or fine up to $10,000. (Pen. Code, § 243.35.) Even if a battery perpetrator does not meet the above knowledge requirement, battery committed against any person on the property of, or in a motor vehicle of, a public transportation provider, is punishable by a fine up to $2,000, or up to one year in county jail. (Pen. Code, § 243.35, subd. (a).)

Further, battery resulting in serious bodily injury is punishable as a “wobbler” with a possible sentence of up to one year in the county jail, or for two, three, or four years in the county jail. (Pen. Code, § 243, subd. (d).) Similarly, battery resulting in an injury, committed against an operator, driver, or passenger of the above specified transportation options where the perpetrator knows the victim is a passenger, or an operator, driver, or agent engaged in the performance of their duties, is punishable by a maximum fine of $10,000, or imprisonment in county jail up to one year, or state prison for 16 months, or two or three years. (Pen. Code, § 243.3.)

1. Effect of this Bill: AB 2824 would expand the additional penalties ($10,000 fine or imprisonment in a county jail up to one year, and a $10,000 or imprisonment in state prison for 16 months, or two or three years if an injury is inflicted) associated with battery against specified transportation officials where the perpetrator knows the victim is a passenger, or an operator, driver, or agent engaged in the performance of their duties, to include employees or contractors of public transportation providers. Existing law limits such additional penalties to operators, drivers, or passengers on a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in the air, used for the transportation of persons for hire, or against a school bus driver, person of a station agent, or ticket agent. AB 2823 promotes uniform application of Penal Code Section 243.3 by clarifying that this applies to any employees or contractors of public transportation providers, even if they do not fall into these specific roles. A battery against any person on the property of, or in a motor vehicle of, a public transportation provider, is subject to separate additional penalties ($2,000, or up to a year in county jail), although such penalties are only available in specified locations (on the property or in the vehicle of a transportation provider) (Pen. Code, § 243.35, subd. (a).) AB 2824 provides that such additional penalties on person who knowingly commit battery against specified transportation officials apply to any employee or public transportation provider, and irrespective of whether the battery occurred on the property or in the vehicle of the provider.
2. Argument in Support: None submitted.
3. Argument in Opposition: According to ACLU California Action “Under existing law, a person who is convicted of battery or assault on any person, including utility workers engaged in the performance of their duties, can be fined by up to $2,000 and $1,000 respectively, and sentenced by up to six months in jail. (Penal Code §243, subdivision (a); Penal Code §241, subdivision (a).). If the person inflicts serious bodily injury in the commission of the battery, the person can be punished by up to four years in jail. (Penal Code §243, subdivision (d).). If a person commits assault by means of force likely to produce great bodily injury, the person can be fined by up to $10,000 and sentenced to up to four years in prison. (Penal Code §245, subdivision (a)(4).). And if the person actually inflicts great bodily injury, the person can be punished by an additional three years in prison on top of the underlying sentence (Penal Code §12022.7, subdivision (a).). Great bodily injury inflicted during felony battery or felony assault will also constitute a “violent felony” and a “serious felony” for purposes of future sentence enhancements and alternative sentencing schemes. (Penal Code §667.5, subdivision (c)(8); Penal Code §1192.7, subdivision (c)(8).).

We believe that these existing penalties are more than sufficient to punish the behavior contemplated by AB 2824, 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 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, expanding Penal Code §243.3 for offenses that can already be punished under California law will not deter future crime or make our communities any safer.”

1. Related Legislation: AB 977 (Rodriguez) of the 2023-2024 Legislative Session, makes an assault or a battery committed against a physician, nurse, or other healthcare worker of a hospital engaged in providing services within the emergency department punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. AB 977 is pending in Senate Rules Committee.
   
2. Prior Legislation:
   1. AB 946 (Washington), Chapter 305, Statutes of 1997, raises, from $2,000 to $10,000, the fines for specified crimes committed against public transit drivers and passengers.
   2. AB 588 (Rainey), Chapter 423, Statutes of 1996, makes it a special battery offense to commit battery against a person who is on the property of, or on a motor vehicle, of a public transportation provider.

REGISTERED SUPPORT / OPPOSITION:

Support

None

Oppose

ACLU California Action

Analysis Prepared by:

Ilan Zur / PUB. S. / (916) 319-3744