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<ns0:Id>20250SB__043196AMD</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Arreguín</ns0:AuthorText>
<ns0:AuthorText authorType="COAUTHOR_OPPOSITE">(Coauthors: Assembly Members Alanis and Krell)</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Arreguín</ns0:Name>
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<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Alanis</ns0:Name>
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<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Krell</ns0:Name>
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<ns0:Title> An act to amend Sections 241 and 243 of the Penal Code, relating to crimes. </ns0:Title>
<ns0:RelatingClause>crimes</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Assault and battery: utility workers.</ns0:Subject>
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<ns0:DigestText>
<html:p>Existing law defines an assault as an unlawful attempt, coupled with present ability, to commit a violent injury upon the person of another. Existing law defines a battery as any willful and unlawful use of force or violence upon the person of another. Under existing law, an assault or battery committed against specified professionals engaged in the performance of their duties, including peace officers, firefighters, and emergency medical personnel, is 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.</html:p>
<html:p>This bill would make an assault or battery committed against
a utility worker, as defined, who is engaged in the performance of their duties 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. By expanding the scope of these crimes, this bill would impose a state-mandated local program.</html:p>
<html:p>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.</html:p>
<html:p>This bill would provide that no reimbursement is required by this act for a specified reason.</html:p>
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<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
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<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
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<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
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<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_A6CAD24C-6624-4D86-95BB-F3D13CEED992">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 241 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:Num>241.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
When an assault is committed against the person of a parking control officer engaged in the performance of their 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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
When an assault is committed against the person of a peace officer, firefighter, emergency medical
technician, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, search and rescue member, or utility worker engaged in the performance of their duties, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department,
and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, search and rescue member, or utility worker engaged in the performance of their duties, or a physician or nurse engaged in rendering emergency medical care, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, the assault 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 the fine and imprisonment.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
As used in this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Peace officer means any person defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“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 under the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Nurse” means a person who possesses a valid certificate or license under the standards of Chapter 6 (commencing with Section 2700) or 6.5 (commencing with Section 2840) of
Division 2 of the Business and Professions Code or a nurse of a hospital engaged in providing services within the emergency department.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Lifeguard” means a person who is:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Wearing distinctive clothing that includes written identification of the person’s status as a lifeguard and that clearly identifies the employing organization.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“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.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“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.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Animal control officer” means any person employed by a county or city for purposes of enforcing animal control laws or regulations.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“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 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).
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
“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.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
“Search and rescue member” means any person who is part of an organized search and rescue team managed by a governmental agency.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
“Health care worker” means a person who, in the course and scope of employment, performs duties directly associated with the care and treatment rendered by the hospital’s emergency department or the department’s security.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
“Utility worker” means a person employed by, or who is a contractor to, an investor-owned or publicly owned water corporation, electrical corporation, gas corporation, or electric cooperative that performs services for or delivers a commodity to the public or any portion thereof and the service performed is the construction, alteration, demolition, installation, maintenance, or repair of water, electrical, or gas infrastructure.
</html:p>
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 243 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:Num>243.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
When a battery is committed against the person of a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, search and rescue
member, or utility worker engaged in the performance of their duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of them 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 their 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, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, 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, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, search and rescue member, or utility worker engaged in the performance of their duties, nonsworn employee of a probation department, or a physician or nurse engaged in rendering emergency medical care, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department,
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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
When a battery is committed against a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of their duties, whether on or off duty, or a nonsworn employee of a probation department engaged in the performance of their 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 engaged in the performance of their 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 pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
When the battery specified in paragraph (1) is committed against a peace officer engaged in the performance of their duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of them 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 their 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 pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
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 pursuant to subdivision (h) of Section 1170 for two, three, or four years.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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 described 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
<html:span class="ThinSpace"/>
B of the California Constitution.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
That the defendant make payments to a domestic violence shelter-based program, up to a maximum of five thousand dollars ($5,000).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>For any order to pay a fine, make payments to a domestic violence shelter-based program, 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 domestic violence shelter-based program be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support. If the injury to a married person
is caused in whole or in part by the criminal acts of their spouse in violation of this section, the community property shall 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.</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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 or Section 273.5, 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.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If a peace officer makes an arrest for a violation of paragraph (1) of subdivision (e) of this section, the peace officer is not required to inform the victim of their right to make a citizen’s arrest pursuant to subdivision (b) of Section 836.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
As used in this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Peace officer” means any person defined in Chapter 4.5 (commencing with Section 830) of Title
3 of Part 2.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“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 under the standards of Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Nurse” means a person who possesses a valid certificate or license under the standards of Chapter 6 (commencing with Section 2700) or 6.5 (commencing with Section 2840) of Division 2 of the Business and Professions Code or a nurse of a hospital engaged in providing services within the emergency department.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“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.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Injury” means any physical injury that requires professional medical treatment.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“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.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Lifeguard” means a person defined in paragraph (4) of subdivision (d) of Section 241.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“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.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
“Animal control officer” means any person
employed by a city, county, or city and county for purposes of enforcing animal control laws or regulations.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
“Dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement independent of financial considerations.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“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 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).
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
“Custody assistant” means any person who has the responsibilities and duties
described in Section 831.7 and who is employed by a law enforcement agency of any city, county, or city and county.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
“Search and rescue member” means any person who is part of an organized search and rescue team managed by a government agency.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
“Security officer” means any person who has the responsibilities and duties described in Section 831.4 and who is employed by a law enforcement agency of any city, county, or city and county.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
“Health care worker” means a person who, in the course and scope of employment, performs duties directly associated with the care and treatment rendered by the hospital’s emergency department or the department’s security.
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
“Utility worker” means a person employed by, or who is a contractor to, an investor-owned or publicly owned water corporation, electrical corporation, gas corporation, or electric cooperative that performs services for or delivers a commodity to the public or any portion thereof and the service performed is the
construction, alteration, demolition, installation, maintenance, or repair of water, electrical, or gas infrastructure.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
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.
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<ns0:Num>SEC. 3.</ns0:Num>
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<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
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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
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B of the California Constitution.
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CORRECTIONS:</ns0:Correction>
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