Bill Text: CA SB390 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Crimes: assault and battery: search and rescue teams.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2011-09-06 - Chaptered by Secretary of State. Chapter 249, Statutes of 2011. [SB390 Detail]

Download: California-2011-SB390-Introduced.html

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BILL NUMBER: SB 390	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator La Malfa

                        FEBRUARY 15, 2011

   An act to amend Sections 241 and 243 of the Penal Code, relating
to crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 390, as introduced, La Malfa. Crimes: assault and battery:
search and rescue teams.
   Existing law establishes the crime of assault against specified
public safety officers, such as peace officers, firefighters, and
emergency medical technicians, among others, while engaged in the
performance of their duties, as specified. The offense is punishable
by a fine not exceeding $2,000, or by imprisonment in a county jail
not exceeding one year, or by both the fine and imprisonment.
   This bill would expand the scope of the offense to include search
and rescue members, as defined, while engaged in the performance of
their duties, as specified.
   By expanding the scope of an existing crime, this bill would
impose a state-mandated local program.
   Existing law establishes the crime of battery against specified
public safety officers, such as peace officers, firefighters, and
emergency medical technicians, among others, while engaged in the
performance of their duties, as specified. The offense is punishable
by a fine not exceeding $2,000, or by imprisonment in a county jail
not exceeding one year, or by both the fine and imprisonment, or if
the victim sustains an injury, the offense is 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 the state prison for 16 months, or 2 or 3 years.
   This bill would expand the scope of the battery offense and the
battery offense where the victim sustains injury to include a search
and rescue member, as defined, while engaged in the performance of
his or her duty, as specified.
   By expanding the scope of an existing 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 241 of the Penal Code is amended to read:
   241.  (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 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 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,  or  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,  or  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  the   a  county jail
not exceeding one year, or by both the fine and imprisonment.
   (d) As used in this section, the following definitions apply:
   (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 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 those persons who
meet 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 includes written
identification of the person's status as a lifeguard and which
clearly identifies the employing organization.
   (6) "Process server" means any 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 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 person employed by a county
or city for purposes of enforcing animal control laws or
regulations.
   (9) (A) "Code enforcement officer" means any 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 governmental subdivision, public or
quasi-public corporation, public agency, public service corporation,
any 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 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 
Mobilehomes-Manufactured Housing Act   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 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 person who is part of an
organized search and rescue team managed by a county sheriff's
office or department. 
  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 a battery is committed against the person of a peace
officer, custodial officer, firefighter, emergency medical
technician, lifeguard, 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, 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,
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,
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 a battery is committed against a custodial officer,
firefighter, emergency medical technician, lifeguard, process server,
traffic officer,  or  animal control officer  ,
or search and rescue member  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  , 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,
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 in the state prison for 16
months, or two or three years.
   (2) When 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 in the state prison for 16
months, or two or three years, or by both that fine and
imprisonment.
   (d) When a battery is 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 in the state prison for two, three, or four years.
   (e) (1) When a battery is committed against a spouse, a person
with whom the defendant is cohabiting, a person who is the parent of
the defendant's child, former spouse, fiancé, or fiancée, 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 batterer's treatment program, as
defined 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 XIII B of the California
Constitution.
   (2) 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) That the defendant make payments to a battered women's
shelter, up to a maximum of five thousand dollars ($5,000).
   (B) 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 defendant's offense.
   For any order to pay a fine, make payments to a battered women's
shelter, or pay restitution as a condition of probation under this
subdivision, the court shall make a determination of the defendant's
ability to pay. In no event shall any order to make payments to a
battered women's shelter be made if it would impair the ability of
the defendant to pay direct restitution to the victim or
court-ordered child support. Where 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 may 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 and sentenced under paragraph (1), 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
merit special consideration when imposing a sentence so as to
display society's condemnation for these crimes of violence upon
victims with whom a close relationship has been formed.
   (f) 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 bodily member or organ; a wound
requiring extensive suturing; and serious disfigurement.
   (5) "Injury" means any physical injury which requires professional
medical treatment.
   (6) "Custodial officer" means any person who has the
responsibilities and duties described in Section 831 and who is
employed by a law enforcement agency of any city or county or who
performs those duties as a volunteer.
   (7) "Lifeguard" means a person defined in paragraph (5) of
subdivision (c) of Section 241.
   (8) "Traffic officer" means any 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 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 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 governmental subdivision, public or
quasi-public corporation, public agency, public service corporation,
any 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 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 
Mobilehomes-Manufactured Housing Act   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) "Search and rescue member" means any person who is part of an
organized search and rescue team managed by a county sheriff's
office or department. 
   (g) It is the intent of the Legislature by amendments to this
section at the 1981-82 and 1983-84 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 XIII B 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 XIII B of the California
Constitution.