AB-1680: Crimes: emergency personnel. Rodriguez

Session Year: 2015-2016

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Hearings for AB-1680

Bill Details

  • Text
  • Votes
  • History
  • Bill Analysis
  • Today's Law As Amended
  • Status
  • Comments to Author

Text

An act to amend Section 402 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST

AB 1680, Assembly Member Rodriguez. Crimes: emergency personnel.

Existing law provides that every person who goes to the scene of an emergency or stops at the scene of an emergency, for the purpose of viewing the scene or the activities of police officers, firefighters, emergency medical, or other emergency personnel, or military personnel coping with the emergency in the course of their duties during the time it is necessary for emergency vehicles or those personnel to be at the scene of the emergency or to be moving to or from the scene of the emergency for the purpose of protecting lives or property, unless it is part of the duties of that person’s employment to view that scene or those activities, and thereby impedes police officers, firefighters, emergency medical, or other emergency personnel or military personnel, in the performance of their duties in coping with the emergency, is guilty of a misdemeanor.

This bill would include, for purposes of these provisions, the operation or use of an unmanned aerial vehicle, remote piloted aircraft, or drone, regardless of the operator’s location, in the definition of a person. By expanding the scope of a crime, this bill would create 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 Required: majority Appropriation: no Fiscal Committee: yes Local Program: yes

The people of the State of California do enact as follows:

SECTION 1. Section 402 of the Penal Code is amended to read:
402.

(a)(1)Every person who goes to the scene of an emergency, or stops at the scene of an emergency, for the purpose of viewing the scene or the activities of police officers, firefighters, emergency medical, or other emergency personnel, or military personnel coping with the emergency in the course of their duties during the time it is necessary for emergency vehicles or those personnel to be at the scene of the emergency or to be moving to or from the scene of the emergency for the purpose of protecting lives or property, unless it is part of the duties of that person’s employment to view that scene or those activities, and thereby impedes police officers, firefighters, emergency medical, or other emergency personnel or military personnel, in the performance of their duties in coping with the emergency, is guilty of a misdemeanor.

(2)For purposes of this subdivision, a person shall include a person, regardless of his or her location, who operates or uses an unmanned aerial vehicle, remote piloted aircraft, or drone that is at the scene of an emergency.

(b)Every person who knowingly resists or interferes with the lawful efforts of a lifeguard in the discharge or attempted discharge of an official duty in an emergency situation, when the person knows or reasonably should know that the lifeguard is engaged in the performance of his or her official duty, is guilty of a misdemeanor.

(c)For the purposes of this section, an emergency includes a condition or situation involving injury to persons, damage to property, or peril to the safety of persons or property, which results from a fire, an explosion, an airplane crash, flooding, windstorm damage, a railroad accident, a traffic accident, a powerplant accident, a toxic chemical or biological spill, or any other natural or human-caused event.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.

Bill Version

May 05, 2016 - Amended in Assembly

Bill Activity

Introduced by

Assembly Member Rodriguez
January 19, 2016

Amended in Assembly

May 05, 2016

Votes

Date Result Location Ayes Noes NVR Motion
06/21/16 (PASS) Sen Public Safety 7 0 0 Do pass, but first be re-referred to the Committee on [Appropriations]
  Ayes: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone, Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
06/21/16 (PASS) Sen Public Safety 7 0 0 Do pass, but first be re-referred to the Committee on [Appropriations]
  Ayes: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone, Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
05/09/16 (PASS) Assembly Floor 78 0 2 AB 1680 RODRIGUEZ Assembly Third Reading
  Ayes: Dahle, Wood, Gallagher, Dodd, Bigelow, McCarty, Cooley, Cooper, Levine, Frazier, Olsen, Eggman, Bonilla, Thurmond, Baker, Chiu, Bonta, Ting, Quirk, Gray, Mullin, Patterson, Gordon, Chu, Mathis, Campos, Low, Mark Stone, Alejo, Arambula, Salas, Obernolte, Grove, Achadjian, Lackey, Williams, Wilk, Lopez, Steinorth, Holden, Mayes, Gatto, Irwin, Dababneh, Nazarian, Brown, Roger Hernández, Chau, Bloom, Gomez, Rodriguez, Santiago, Ridley-Thomas, Chang, Calderon, Cristina Garcia, Jones-Sawyer, Linder, Medina, Burke, Rendon, Gipson, Kim, Hadley, Melendez, Wagner, Daly, O'Donnell, Jones, Travis Allen, Brough, Harper, Waldron, Chávez, Maienschein, Atkins, Weber, Gonzalez
  No Votes Recorded: Beth Gaines, Eduardo Garcia
04/13/16 (PASS) Asm Appropriations 20 0 0 Do pass. To Consent Calendar.
  Ayes: Wagner, Weber, Wood, Gonzalez, Bigelow, Bloom, Bonilla, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Roger Hernández, Holden, Jones, Obernolte, Quirk, Santiago
03/15/16 (PASS) Asm Public Safety 7 0 0 Do pass as amended and be re-referred to the Committee on [Appropriations]
  Ayes: Jones-Sawyer, Melendez, Lackey, Lopez, Low, Quirk, Santiago, Jones-Sawyer, Melendez, Lackey, Lopez, Low, Quirk, Santiago
03/15/16 (PASS) Asm Public Safety 7 0 0 Do pass and be re-referred to the Committee on [Appropriations]
  Ayes: Jones-Sawyer, Melendez, Lackey, Lopez, Low, Quirk, Santiago, Jones-Sawyer, Melendez, Lackey, Lopez, Low, Quirk, Santiago

History

Date Action
08/02/16 Read second time. Ordered to third reading.
08/01/16 From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
06/22/16 From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 21). Re-referred to Com. on APPR.
05/19/16 Referred to Com. on PUB. S.
05/09/16 In Senate. Read first time. To Com. on RLS. for assignment.
05/09/16 Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 4717.)
05/05/16 Read third time and amended. Ordered to third reading. (Page 4674.)
04/21/16 Ordered to third reading.
04/21/16 From Consent Calendar.
04/14/16 Read second time. Ordered to Consent Calendar.
04/13/16 From committee: Do pass. To Consent Calendar. (Ayes 20. Noes 0.) (April 13).
03/28/16 From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 15). Re-referred to Com. on APPR.
02/18/16 Referred to Com. on PUB. S.
01/20/16 From printer. May be heard in committee February 19.
01/19/16 Read first time. To print.
08/01/16 From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
06/22/16 From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 21). Re-referred to Com. on APPR.
05/19/16 Referred to Com. on PUB. S.
05/09/16 In Senate. Read first time. To Com. on RLS. for assignment.
05/09/16 Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 4717.)
05/05/16 Read third time and amended. Ordered to third reading. (Page 4674.)
04/21/16 Ordered to third reading.
04/21/16 From Consent Calendar.
04/14/16 Read second time. Ordered to Consent Calendar.
04/13/16 From committee: Do pass. To Consent Calendar. (Ayes 20. Noes 0.) (April 13).
03/28/16 From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 15). Re-referred to Com. on APPR.
02/18/16 Referred to Com. on PUB. S.
01/20/16 From printer. May be heard in committee February 19.
01/19/16 Read first time. To print.
06/22/16 From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 21). Re-referred to Com. on APPR.
05/19/16 Referred to Com. on PUB. S.
05/09/16 In Senate. Read first time. To Com. on RLS. for assignment.
05/09/16 Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 4717.)
05/05/16 Read third time and amended. Ordered to third reading. (Page 4674.)
04/21/16 Ordered to third reading.
04/21/16 From Consent Calendar.
04/14/16 Read second time. Ordered to Consent Calendar.
04/13/16 From committee: Do pass. To Consent Calendar. (Ayes 20. Noes 0.) (April 13).
03/28/16 From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 15). Re-referred to Com. on APPR.
02/18/16 Referred to Com. on PUB. S.
01/20/16 From printer. May be heard in committee February 19.
01/19/16 Read first time. To print.
06/21/16 From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 21). Re-referred to Com. on APPR.
05/19/16 Referred to Com. on PUB. S.
05/09/16 In Senate. Read first time. To Com. on RLS. for assignment.
05/09/16 Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 4717.)
05/05/16 Read third time and amended. Ordered to third reading. (Page 4674.)
04/21/16 Ordered to third reading.
04/21/16 From Consent Calendar.
04/14/16 Read second time. Ordered to Consent Calendar.
04/13/16 From committee: Do pass. To Consent Calendar. (Ayes 20. Noes 0.) (April 13).
03/28/16 From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 15). Re-referred to Com. on APPR.
02/18/16 Referred to Com. on PUB. S.
01/20/16 From printer. May be heard in committee February 19.
01/19/16 Read first time. To print.
05/09/16 In Senate. Read first time. To Com. on RLS. for assignment.
05/09/16 Read third time. Passed. Ordered to the Senate.
05/05/16 Read third time and amended. Ordered to third reading.
04/21/16 Ordered to third reading.
04/21/16 From Consent Calendar.
04/14/16 Read second time. Ordered to Consent Calendar.
04/13/16 From committee: Do pass. To Consent Calendar. (Ayes 20. Noes 0.) (April 13).
03/28/16 From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 15). Re-referred to Com. on APPR.
02/18/16 Referred to Com. on PUB. S.
01/20/16 From printer. May be heard in committee February 19.
01/19/16 Read first time. To print.
05/05/16 Read third time and amended. Ordered to third reading.
04/21/16 Ordered to third reading.
04/21/16 From Consent Calendar.
04/14/16 Read second time. Ordered to Consent Calendar.
04/13/16 From committee: Do pass. To Consent Calendar. (Ayes 20. Noes 0.) (April 13).
03/28/16 From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 15). Re-referred to Com. on APPR.
02/18/16 Referred to Com. on PUB. S.
01/20/16 From printer. May be heard in committee February 19.
01/19/16 Read first time. To print.
04/21/16 Ordered to third reading.
04/21/16 From Consent Calendar.
04/14/16 Read second time. Ordered to Consent Calendar.
04/13/16 From committee: Do pass. To Consent Calendar. (Ayes 20. Noes 0.) (April 13).
03/28/16 From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 15). Re-referred to Com. on APPR.
02/18/16 Referred to Com. on PUB. S.
01/20/16 From printer. May be heard in committee February 19.
01/19/16 Read first time. To print.
04/14/16 Read second time. Ordered to Consent Calendar.
04/13/16 From committee: Do pass. To Consent Calendar. (Ayes 20. Noes 0.) (April 13).
03/28/16 From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 15). Re-referred to Com. on APPR.
02/18/16 Referred to Com. on PUB. S.
01/20/16 From printer. May be heard in committee February 19.
01/19/16 Read first time. To print.
04/13/16 From committee: Do pass. To Consent Calendar. (Ayes 20. Noes 0.) (April 13).
03/28/16 From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 15). Re-referred to Com. on APPR.
02/18/16 Referred to Com. on PUB. S.
01/20/16 From printer. May be heard in committee February 19.
01/19/16 Read first time. To print.
03/28/16 From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 15). Re-referred to Com. on APPR.
02/18/16 Referred to Com. on PUB. S.
01/20/16 From printer. May be heard in committee February 19.
01/19/16 Read first time. To print.
02/18/16 Referred to Com. on PUB. S.
01/20/16 From printer. May be heard in committee February 19.
01/19/16 Read first time. To print.
01/20/16 From printer. May be heard in committee February 19.
01/19/16 Read first time. To print.
01/19/16 Read first time. To print.

Bill Analysis

Date Analysis
06/20/16 Senate Public Safety
05/06/16 Assembly Floor Analysis
04/22/16 Assembly Floor Analysis
04/11/16 Assembly Appropriations
03/14/16 Assembly Public Safety

Today's Law as Amended

Status

Bill Status
Measure: AB-1680
Lead Authors: Rodriguez
Principal Coauthors: -
Coauthors: -
Topic: Crimes: emergency personnel.
31st Day in Print: 02/19/16
Title: An act to amend Section 402 of the Penal Code, relating to crimes.
House Location: Senate
Introduced Date: 01/19/16
Type of Measure
Active Bill - In Committee Process
Majority Vote Required
Non-Appropriation
Fiscal Committee
Local Program
Non-Urgency
Non-Tax Levy
Last 5 History Actions
Date Action
08/02/16 Read second time. Ordered to third reading.
08/01/16 From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
06/22/16 From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 21). Re-referred to Com. on APPR.
05/19/16 Referred to Com. on PUB. S.
05/09/16 In Senate. Read first time. To Com. on RLS. for assignment.

Comments to Author