BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 89| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ {u u} THIRD READING Bill No: AB 89 Author: Cedillo (D) Amended: 7/12/99 in Senate Vote: 21 {u SENATE PUBLIC SAFETY COMMITTEE u} : 6-0, 7/6/99 AYES: Vasconcellos, Burton, Johnston, McPherson, Polanco, Rainey {u ASSEMBLY FLOOR u} : 42-30, 4/5/99 - See last page for vote {u SUBJECT u} : Investigations: Los Angeles Department of Transportation {u SOURCE u} : Engineers and Architects Association City of Los Angeles {u DIGEST u} : This bill authorizes transportation investigators employed by the State Department of Transportation for the City of Los Angeles to exercise peace officer powers of arrest. {u ANALYSIS u} : Existing law grants public employees who are not peace officers the authority to exercise the power of arrest of a peace officer, including designated employees of the California Department of Forestry and Fire Protection and non-peace officers regularly employed as county probation officers. Those persons must complete a course in the exercise of those powers, as specified. (Penal Code 830.7) CONTINUED {u AB 89 u} Page 2 Existing law provides that all persons authorized to exercise powers of arrest of a peace officer in Penal Code 830.7 do get limited liability for lawful arrests. (Penal Code 847) Existing law further provides that: 1.An arrest is taking a person into custody, in a case and in the manner authorized by law and that an arrest may be made by a peace officer or a private person. (Penal Code 834) 2.An arrest is made by an actual restraint of the person, or by submission to the custody of an officer. The person arrested may be subjected to such restraint as is reasonable for his or her arrest and detention. (Penal Code 835) 3.A private person may arrest another person for a public offense committed or attempted in his or her presence, when the person arrested has committed a felony regardless of whether it was committed in his or her presence, and when a felony has been committed and he or she has reasonable cause for believing the person to be arrested has committed it. (Penal Code 837) 4.With limited exceptions, a peace officer may arrest a person when the officer has reasonable cause to believe the person to be arrested has committed a public offense in the officer's presence, when the person arrested has committed a felony regardless of whether it was committed in the officer's presence, and when the officer has reasonable cause to believe the person to be arrested has committed a felony. (Penal Code 836) {u u} Existing law defines an assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on another. (Penal Code 240) The general penalty for an assault is a six-month misdemeanor but an assault may be punished as a one-year in county jail misdemeanor if certain conditions exist depending on the individual assaulted - for example a peace officer, traffic officer, or lifeguard who the offender {u AB 89 u} Page 3 knew or should have known is a peace officer, traffic officer, or lifeguard, and the place of the assault, for example on school property. (Penal Code 241) Some felony assault provisions may apply as well for other specific conditions, such as the use of specified weapons. {u u} Existing law defines a battery as any willful and unlawful use of force or violence upon the person of another. (Penal Code 242) Existing law has a somewhat complex scheme of penalties for battery. The simple battery penalty (no great bodily injury and not against specified persons or in specified places) is a six-month misdemeanor. (Penal Code 243(a)) {u u} Existing law provides that a battery upon a peace officer, and other specified persons such as traffic officers and lifeguards, is punishable as a one-year misdemeanor for simple battery and when an injury is committed, punishable as an alternate misdemeanor/felony. A battery on any person which causes serious bodily injury is punishable as a felony punishable by imprisonment in the state prison for two, three, or four years. (Penal Code 243(b)(c) and (d)) Existing law provides that for purposes of both the assault and the battery penalties noted above the term "peace officer" includes any person defined in Chapter 4.5 of the Penal Code, commencing with Section 830, the provisions of law which both designate peace officer status and limited peace officer powers for persons who are not otherwise peace officers. (Penal Code 241(c)(1) and 243(f)(1)) Existing law "defines" a transportation inspector as a person authorized by a local government to cite any person for operating as a taxicab without a valid taxicab certificate, license, or permit required by any ordinance, and provides that those persons may impound and retain possession of any vehicle used in a violation of the ordinance. (Government Code 53075.61) This bill authorizes persons regularly employed as investigators by the State Department of Transportation for the City of Los Angeles and designated by local ordinance {uAB 89 u} Page 4 as peace officers, to the extent necessary to enforce laws related to public transportation and authorized by a memorandum of understanding with the chief of police, permitting the exercise of that authority. Thus, the bill grants to these investigators the power to exercise peace officer powers of arrest (thereby providing both limited liability for felony arrests made and enhanced penalties for an assault or battery against those persons). This bill defines those persons by cross-referencing transportation investigators defined in Government Code Section 53075.61 who are authorized by local ordinance to enforce laws related to public transportation. This bill also provides that these transportation investigators shall not be deemed peace officers for purposes of Penal Code Sections 241 and 243. {u FISCAL EFFECT u} : Appropriation: No Fiscal Com.: No Local: No {u SUPPORT u} : (Verified 7/12/99) Engineers and Architects Association (co-source) City of Los Angeles (co-source) Los Angeles Police Protective League Taxicab Paratransit Association of California Transportation Commission of the City of Los Angeles {u ARGUMENTS IN SUPPORT u} : According to the author: AB 89 will better enable transportation investigators to enforce laws and regulations designed to protect the public from unsafe public transportation providers. AB 89 will allow 17 non-sworn civilian employees to make arrests and issue citations for public transportation violations. This is similar to the authority granted to State Public Utility Commission (PUC) inspectors performing similar duties. AB 89 will also provide transportation investigators with protection against assault and battery in the performance of their duties. {u ASSEMBLY FLOOR u} : 42-30, 4/5/99 AYES: Alquist, Cardenas, Cedillo, Corbett, Correa, {u AB 89 u} Page 5 Cunneen, Ducheny, Dutra, Firebaugh, Florez, Frusetta, Gallegos, Granlund, Havice, Hertzberg, Honda, Jackson, Keeley, Knox, Kuehl, Lempert, Longville, Lowenthal, Mazzoni, Nakano, Papan, Reyes, Romero, Scott, Shelley, Soto, Steinberg, Strom-Martin, Thomson, Torlakson, Vincent, Washington, Wayne, Wesson, Wiggins, Wildman, Villaraigosa NOES: Aanestad, Ackerman, Ashburn, Baldwin, Bates, Battin, Baugh, Bock, Brewer, Briggs, Cox, Dickerson, Floyd, Kaloogian, Leach, Leonard, Maddox, Maldonado, Margett, McClintock, Migden, Olberg, Oller, Robert Pacheco, Pescetti, Runner, Strickland, Thompson, Wright, Zettel NOT VOTING: Aroner, Calderon, Campbell, Cardoza, Davis, House, Machado, Rod Pacheco RJG:kb 7/13/99 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****