HomeMy WebLinkAboutAB 561 - Assualt & BatteryCITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
REQUEST: CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION
ON AB 561 (CARTER) AT ITS MEETING OF APRIL 28, 2009.
DATE: May 21, 2009
CONTENTS: AB 561 Language
RECOMMENDATION:
By Minute Motion, concur with the action taken by the Legislative Review Committee at its
meeting of April 28, 2009, and direct staff to prepare a letter of support for the Mayor's signature
with regard to AB 561 (Carter) relative to assault and battery.
BACKGROUND:
Existing law establishes the offense of assault against highway workers engaged in the
performance of their duties where "highway worker" is defined as an employer or contractor of
the Department of Transportation. If passed, AB 561 would expand the definition of "highway
worker" for that type of offense to include employees of cities and include additional specified
activities related to local roads or streets. Because the safety of employees engaged in
activities in the course of their employment which serves the public good is paramount, due
diligence must be exercised at all levels to protect these individuals.
Therefore, the Legislative Review Committee recommends that the City Council support AB 561
and direct staff to prepare a letter stating that position to appropriate legislators and committees
for thayor's signature.
PATRICIA SCULLY, CFEE ,�
SENIOR MANAGEM NT ANAL't T
/ SHEILA R. ILLIGAN/
ACM/COMMUNITY S R ICES
PAUL GIBSON
DIRECTOR OF FINANCE/CITY TREASURER
N WOHLMUTH
Y MANAGER
CITY COUNCIL ACTION
APPROVE") ✓ DENIED
RECEIVED (DTIIEP
MEETING DATE 5 2f-C'9 I/
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NOES: NM -
ABSENT: N nn
ABSTAIN: M bn e-
VERIFIED BY:__ 9/01
Original on File with City Clerk's Office
AB 561 Assembly Bill - INTRODUCED
Page 1 of 2
BILL NUMBER: AB 561 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Carter
FEBRUARY 25, 2009
An act to amend Sections 241.5 and 243.65 of the Penal Code,
relating to crimes against highway workers.
LEGISLATIVE COUNSEL'S DIGEST
AB 561, as introduced, Carter. Highway workers: assault and
battery.
Existing law establishes the offense of assault against a highway
worker engaged in the performance of his or her duties, where
"highway worker" is defined as an employee or contractor of the
Department of Transportation engaged in specified activities related
to state highways.
This bill would expand the definition of highway worker for that
offense to include employees of a city, county, or city and county,
and to include additional specified activities related to local roads
or streets.
By expanding the scope of an existing offense, this bill would
impose a state -mandated local program.
Existing law establishes the offense of battery against a highway
worker engaged in the performance of his or her duties, where
"highway worker" is defined as an employee or contractor of the
Department of Transportation engaged in specified activities related
to state highways.
This bill would expand the definition of highway worker for that
offense to include employees of a city, county, or city and county,
and to include additional specified activities related to local roads
or streets.
By expanding the scope of an existing offense, 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 241.5 of the Penal Code is amended to read:
241.5. (a) When an assault is committed against a highway 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 highway worker engaged in the performance of his or her
duties, the offense shall be punishable by a fine not to exceed two
thousand dollars ($2,000) or by imprisonment in a county jail up to
one year or by both that fine and imprisonment.
(b) As used in this section, "highway worker" means an employee
http://info. sen.ca.gov/pub/09-10/bill/asm/ab_0551-0600/ab_561 _bill_20090225_introduced.... 4/3/2009
AB 561 Assembly Bill - INTRODUCED Page 2 of 2
...:,:1.:ra,:— of the Department of Transportation
, a contractor while working under contract with the
Department of Transportation, or an employee of a city, county, or
city and county, who does one or more of the following:
(1) Performs maintenance, repair, or construction of state highway
or local street or road infrastructures and associated
rights -of -way in highway or local street or road work
zones.
(2) Operates equipment on state highway or local street or
road infrastructures and associated rights -of -way in highway
or local street or road work zones.
(3) Performs any related maintenance work, as required, on state
highway or local street or road infrastructures in highway
or local street or road work zones.
SEC. 2. Section 243.65 of the Penal Code is amended to read:
243.65. (a) When a battery is committed against the person of a
highway 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 highway worker engaged in the performance of his
or her duties, the offense shall be punished 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.
(b) As used in this section, "highway worker" means an employee
of the Department of Transportation,
a contractor while working under contract with the Department
of Transportation, or an employee of a city, county, or city and
county, who does one or more of the following:
(1) Performs maintenance, repair, or construction of state highway
or local street or road infrastructures and associated
rights -of -way in highway or local street or road work
zones.
(2) Operates equipment on state highway or local street or
road infrastructures and associated rights -of -way in highway
or local street or road work zones.
(3) Performs any related maintenance work, as required, on state
highway or local street or road infrastructures in highway
or local street or road work zones.
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.
http://infosen. ca.gov/pub/09-10/bill/asm/ab_0551-0600/ab_561 _bill_20090225_introduced.... 4/3/2009