3/12/25, 3:09 PM Bill Text - AB-394 Crimes: public transportation providers. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB394 1/3 SHARE THIS:
Date Published: 02/03/2025 09:00 PM
ASSEMBLY BILL NO. 394
AB-394 Crimes: public transportation providers. (2025-2026) CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Introduced by Assembly Member Wilson
February 03, 2025
An act to amend Sections 243.3 and 369i of the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 394, as introduced, Wilson. Crimes: public transportation providers.
Existing law defines a battery as any willful and unlawful use of force or violence upon the person of another.
Existing law provides that when a battery is committed against the person of an operator, driver, or passenger on a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle, as specified, and the person who commits the offense knows or reasonably should know that the victim is engaged in the performance of their duties, the penalty is imprisonment in a county jail not exceeding one year, a fine not exceeding $10,000, or both the fine and imprisonment. Existing law also provides that if the victim is injured, the offense would be punished by a fine not exceeding $10,000, by imprisonment in a county jail not exceeding one year or in the state prison for 16 months, 2, or 3 years, or by both that fine and imprisonment.
This bill would expand this crime to apply to an employee or contractor of a public transportation provider. The bill would authorize the court, following a conviction, to impose a prohibition order barring reentry to public transit property, as specified. The bill would make a violation of a prohibition order a misdemeanor, as specified.
By expanding the scope of an existing crime and creating a new crime, the bill would impose a state-mandated local program.
Under existing law, any person who enters or remains upon any transit-related property without permission or whose entry, presence, or conduct upon the property interferes with, interrupts, or hinders the safe and efficient operation of the transit-related facility is guilty of a misdemeanor. Existing law defines “transit-related property” for this purpose as any land, facilities, or vehicles owned, leased, or possessed by a county transportation commission, transportation authority, or transit district, as defined, that are used to provide public transportation by rail or passenger bus or are directly related to that use, or any property, facilities, or vehicles upon which the San Francisco Bay Area Rapid Transit District owes policing responsibilities to a local government, as specified.
Home Bill Information California LawPublicationsOther ResourcesMy SubscriptionsMy Favorites 3/12/25, 3:09 PM Bill Text - AB-394 Crimes: public transportation providers. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB394 2/3 This bill would expand that definition to include any properties, facilities, ferries, or vehicles, upon which a county transportation commission, transportation authority, joint powers authority, or operator, as defined, owes policing responsibilities to a local government pursuant to an operations and maintenance agreement or similar interagency agreement. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. The bill would authorize state and local law enforcement officers or transit enforcement officers, as specified, to enforce the above-described provisions.
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 Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 243.3 of the Penal Code is amended to read:
243.3. When (a) If a battery is committed against the person of an operator, driver, or passenger on a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in the air, used for the transportation of persons for hire, or against a schoolbus driver, or against the person of a station agent or ticket agent for the entity providing the transportation, or against an employee or contractor of a public transportation provider, as defined in Section 243.35, and the person who commits the offense knows or reasonably should know that the victim, in the case of an operator, driver, or agent, employee, or contractor, is engaged in the performance of his or her their duties, or is a passenger the offense shall be punished by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. If an injury is inflicted on that victim, the offense shall be punished by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year or in the state prison for 16 months, or two or three years, or by both that fine and imprisonment.
(b) A person convicted of violating this section or Section 369i may be subject to a prohibition order barring reentry to public transit property as follows:
(1) Upon conviction, the prosecuting authority, transit agency, or its legal representative may petition the court for a prohibition order to restrict the individual’s access to public transit property. The petition shall include all of the following:
(A) Evidence of the conviction pursuant to this section or Section 369i. (B) A statement of facts demonstrating the need for the prohibition to protect public safety and transit operations.
(C) The proposed duration and scope of the prohibition order, not to exceed a period of 18 months. (2) The court shall hold a hearing within 30 days of receiving the petition to determine whether to issue the prohibition order. The individual subject to the order shall be provided notice and an opportunity to be heard. (3) The court may issue a prohibition order if it finds by a preponderance of the evidence both of the following:
(A) The individual poses a continuing threat to public safety or transit operations. (B) The order is necessary to prevent future violations or disruptions. (4) The scope of the prohibition order may do both of the following:
(A) Bar the individual from entering specified transit properties or facilities. (B) Limit access to transit services for a duration determined by the court, not to exceed 18 months, subject to review.
(5) Prohibition orders issued pursuant to this subdivision shall be consistent with state and federal laws protecting civil rights and public access.
(c) (1) A violation of a prohibition order issued pursuant to this section constitutes a misdemeanor. 3/12/25, 3:09 PM Bill Text - AB-394 Crimes: public transportation providers. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB394 3/3 (2) The individual subject to the prohibition order may petition the court for modification or termination of the order after demonstrating compliance and rehabilitation. (3) Transit agencies shall maintain records of issued prohibition orders and provide periodic reviews to ensure proportionality and fairness.
SEC. 2. Section 369i of the Penal Code is amended to read:
369i. (a) (1) Any person who enters or remains upon the property of any railroad without the permission of the owner of the land, the owner’s agent, or the person in lawful possession and whose entry, presence, or conduct upon the property interferes with, interrupts, or hinders, or which, if allowed to continue, would interfere with, interrupt, or hinder the safe and efficient operation of any locomotive, railway car, or train is guilty of a misdemeanor.
(2) As used in this subdivision, “property of any railroad” means any land owned, leased, or possessed by a railroad upon which is placed a railroad track and the land immediately adjacent thereto, to the distance of 20 feet on either side of the track, that is owned, leased, or possessed by a railroad. (b) (1) Any person who enters or remains upon any transit-related property without permission or whose entry, presence, or conduct upon the property interferes with, interrupts, or hinders the safe and efficient operation of the transit-related facility is guilty of a misdemeanor. (2) This subdivision may be enforced by both of the following:
(A) State and local law enforcement officers.
(B) Transit enforcement officers designated by a public transit agency, if they have completed the requisite training for issuing citations and enforcing trespass violations. (3) Transit enforcement officers may detain individuals for violations of this subdivision until law enforcement arrives or as authorized pursuant to state law.
(4) This subdivision does not apply to individuals performing official duties with lawful authority, including, but not limited to, public transit agency employees, emergency responders, and individuals granted special permission by the transit agency.
(5) Public transit agencies shall provide clear signage at restricted access points to inform the public of trespassing prohibitions and potential penalties.
(2)
(6) As used in this subdivision, “transit-related property” means any land, facilities, or vehicles owned, leased, or possessed by a county transportation commission, transportation authority, joint powers authority, or transit district, operator, as defined in Section 99170 99210 of the Public Utilities Code, that are used to provide public transportation by rail or passenger bus rail, passenger bus, or ferry, or are directly related to that use, or any property, facilities, or vehicles upon which the San Francisco Bay Area Rapid Transit District a county transportation commission, transportation authority, joint powers authority, or operator, as defined in Section 99210 of the Public Utilities Code, owes policing responsibilities to a local government pursuant to an operations and maintenance agreement or similar interagency agreement. (7) As used in this subdivision, “transit enforcement officer” means an individual designated by a public transit agency to enforce rules and regulations on transit property, including security personnel authorized to issue citations.
(c) This section does not prohibit picketing in the immediately adjacent area of the property of any railroad or transit-related property or any lawful activity by which the public is informed of the existence of an alleged labor dispute.
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.