AB 2324

Bill Subjects

Abstract

Existing law prohibits a person from knowingly possessing specified weapons and other items within any sterile area, as defined, of an airport or passenger vessel terminal, except as specified. This bill would make it a misdemeanor, punishable as specified, for any person to knowingly possess at a public transit vehicle facility, as defined, specified weapons, if a notice is posted at the facility, as specified. By creating a new crime, the bill would impose a state-mandated local program. Existing law prohibits an unauthorized person from knowingly entering any airport operations area or passenger vessel terminal, as defined, if the area has been posted with certain notices, and makes this conduct punishable by a fine. Existing law provides that a violation of this provision is punishable by a specified fine or term of imprisonment, or both, if the person refuses to leave the area after being requested to do so by a peace officer or authorized personnel. This bill would apply these prohibitions and penalties, in addition, to knowingly entering, and to entering and refusing to leave, a public transit facility, as defined. By expanding an existing crime, the bill would impose a state-mandated local program. Existing law prohibits a person from intentionally avoiding submission to screening and inspection when entering or reentering a sterile area of an airport or passenger vessel terminal, except as specified. Existing law provides that a violation of this prohibition that is responsible for the evacuation of an airport terminal or passenger vessel terminal is punishable by not more than one year in a county jail under certain circumstances. This bill would apply this prohibition, in addition, to the sterile area of a public transit facility, if a notice is posted at the facility, as specified. This bill would recast the penalties for avoiding submission to screening to impose a $500 fine for a first offense that does not result in an evacuation or delay, and a fine of $1,000 and imprisonment of not more than one year in a county jail for any 2nd or subsequent offense. For a first offense that results in the evacuation of the terminal or facility, as specified, this bill would impose a penalty of not more than one year in a county jail. By expanding an existing crime, the bill would impose a state-mandated local program. Existing law provides that it is an infraction, punishable by a fine not to exceed $250 and by specified community service, to evade the payment of any fare of, or engage in specified passenger misconduct on or in, a described facility or vehicle. This bill would recast these provisions, making some of these acts of misconduct misdemeanors upon a first offense, making others misdemeanors upon the 3rd or subsequent offense, while providing that some would remain as infractions, as specified. The bill would additionally make it a misdemeanor to willfully tamper with, remove, displace, injure, or destroy any part of any facility or vehicle of a public transportation system. By creating a new crime and by increasing the penalties for existing crimes, the bill would impose a state-mandated local program. Existing law makes it an infraction to carry an explosive or acid, flammable liquid, or toxic or hazardous materials in a public transit facility or vehicle. This bill would instead make it a misdemeanor, punishable as specified, to carry explosives, acids, or flammable liquids in a public transit facility or vehicle. This bill would incorporate amendments to Section 602 of the Penal Code proposed by AB 451 and AB 668, contingent on the prior enactment of those bills. This bill would incorporate amendments to Section 640 of the Penal Code made by SB 1320, contingent on the prior enactment of that bill. The bill would make additional technical amendments. 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.