BILL NUMBER: SB 391 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 13, 2015
INTRODUCED BY Senator Huff
FEBRUARY 25, 2015
An act to amend Sections 241 and 243 241,
241.3, 243.3, and 1203.055 of the Penal Code, relating to
assault and battery.
LEGISLATIVE COUNSEL'S DIGEST
SB 391, as amended, Huff. Assault and battery: transit employees.
(1) Existing law defines an assault as an unlawful attempt,
coupled with present ability, to commit a violent injury on the
person of another. Under existing law, an assault committed against
specified individuals, such as a peace officer or a
lifeguard, a parking control officer 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.
This bill would also make an assault committed against a transit
employee 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 a crime, this bill would
impose a state-mandated local program.
(2) Existing law defines a battery as any willful and unlawful use
of force or violence upon the person of another. Under existing law
a battery committed against specified individuals, such as a peace
officer or a lifeguard, 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. Under existing law, if an injury is
inflicted the battery is punishable by imprisonment in a county jail
not exceeding one year, by a fine of $2,000, or by both that fine and
imprisonment, or by imprisonment in a county jail for 16 months, or
2 or 3 years.
This bill would also make a battery committed against a transit
employee 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. The bill would, if the battery results in an injury,
make the battery punishable by imprisonment in a county jail not
exceeding one year, by a fine of $2,000, or by both that fine and
imprisonment, or by imprisonment in a county jail for 16 months, or 2
or 3 years. By expanding the scope of a crime, this bill would
impose a state-mandated local program.
This bill would make an assault committed against a parking
control officer punishable by a fine not exceeding $4,000, or by
imprisonment in the county jail not exceeding 6 months, or by both
that fine and imprisonment.
(2) Existing law makes an assault committed on the property of, or
the motor vehicle of, a public transportation provider punishable by
a fine not to exceed $2,000, or by imprisonment in a county jail not
exceeding one year, or by both the fine and the imprisonment.
This bill would make an assault committed on the property of, or
the motor vehicle of, a public transportation provider punishable by
a fine not to exceed $4,000, or by imprisonment in the state prison
not to exceed 2 years, or by both that fine and imprisonment.
(3) 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, the penalty is imprisonment in a county jail not exceeding
one year, or a fine not exceeding $10,000, or both the fine and
imprisonment.
This bill would increase that punishment to imprisonment in a
prison not exceeding 4 years, or a fine not exceeding $20,000, or
both the fine and imprisonment.
(4) Existing law also provides that if the victim is injured, a
battery 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, would be punished by a fine
not exceeding $10,000, or by imprisonment in a county jail not
exceeding one year or in the state prison for 16 months, or 2 or 3
years, or by both that fine and imprisonment.
This bill would increase the punishment, if injury is inflicted,
to a fine not exceeding $20,000, or by imprisonment in the state
prison for 3, 4, or 6 years, or by both that fine and imprisonment.
The bill would also provide that a battery committed against the
person of an individual authorized to issue citations for fare
evasion or passenger conduct violations for a public transportation
provider, as defined, or against the person of a parking control
officer would be punishable by a fine not exceeding $20,000, or by
imprisonment in the state prison for 3, 4, or 6 years, or by both
that fine and imprisonment. By expanding the definition and scope of
an existing crime, this bill would impose a state-mandated local
program.
(5) Existing law requires a defendant convicted of specified
offenses against a passenger, operator, driver, or other occupant of
a public transit vehicle, who is granted probation, to serve some
period of confinement in a county jail.
This bill would prohibit courts from granting probation to persons
convicted of specified assault and battery crimes against
transportation providers.
(3)
(6) 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 of the Penal Code is amended to read:
241. (a) An assault is punishable by a fine not exceeding one
thousand dollars ($1,000), or by imprisonment in the
a county jail not exceeding six months, or by
both the fine and imprisonment.
(b) When an assault is committed against the person of a parking
control officer 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 parking control officer, the assault is
punishable by a fine not exceeding two four
thousand dollars ($2,000), ($4,000),
or by imprisonment in the a
county jail not exceeding six months, or by both the fine and
imprisonment.
(c) When an assault is committed against the person of a peace
officer, firefighter, emergency medical technician, mobile intensive
care paramedic, lifeguard, process server, traffic officer, code
enforcement officer, animal control officer, or search and rescue
member engaged in the performance of his or her duties, or a
physician or nurse engaged in rendering emergency medical care
outside a hospital, clinic, or other health care facility,
or a transit employee, and the person committing the
offense knows or reasonably should know that the victim is a peace
officer, firefighter, emergency medical technician, mobile intensive
care paramedic, lifeguard, process server, traffic officer, code
enforcement officer, animal control officer, or search and rescue
member engaged in the performance of his or her duties, or a
physician or nurse engaged in rendering emergency medical care,
or a transit employee, 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.
(d) As used in this section, the following definitions apply:
(1) Peace officer "Peace officer"
means any person defined in Chapter 4.5 (commencing with Section 830)
of Title 3 of Part 2.
(2) "Emergency medical technician" means a person possessing a
valid course completion certificate from a program approved by the
State Department of Health Care Services for the medical training and
education of ambulance personnel, and who meets the standards of
Division 2.5 (commencing with Section 1797) of the Health and Safety
Code.
(3) "Mobile intensive care paramedic" refers to those persons who
meet the standards set forth in Division 2.5 (commencing with Section
1797) of the Health and Safety Code.
(4) "Nurse" means a person who meets the standards of Division 2.5
(commencing with Section 1797) of the Health and Safety Code.
(5) "Lifeguard" means a person who is:
(A) 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.
(B) Wearing distinctive clothing which includes written
identification of the person's status as a lifeguard and which
clearly identifies the employing organization.
(6) "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.
(7) "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.
(8) "Animal control officer" means any person employed by a county
or city for purposes of enforcing animal control laws or
regulations.
(9) (A) "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, rule, regulation, or standard, and
who is authorized to issue citations, or file formal complaints.
(B) "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).
(10) "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.
(11) "Search and rescue member" means any person who is part of an
organized search and rescue team managed by a governmental agency.
(12) "Transit employee" means any employee of an operator as
defined in Section 99210 of the Public Utilities Code.
SEC. 2. Section 241.3 of the Penal Code
is amended to read:
241.3. (a) When an assault is committed against any person on the
property of, or on a motor vehicle of, a public transportation
provider, the offense shall be punished by a fine not to exceed
two four thousand dollars
($2,000), ($4,000), or by imprisonment in
a county jail not to exceed one year, the
state prison not exceeding two years, or by both the fine and
imprisonment.
(b) As used in this section, "public transportation provider"
means a publicly or privately owned entity that operates, for the
transportation of persons for hire, 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 air,
or that operates a schoolbus.
(c) As used in this section, "on the property of" means the entire
station where public transportation is available, including the
parking lot reserved for the public who utilize the transportation
system.
SEC. 2. Section 243 of the Penal Code is
amended to read:
243. (a) 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.
(b) 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, or search and rescue member engaged in the performance of
his or her duties, whether on or off duty, including when the peace
officer is in a police uniform and is concurrently performing the
duties required of him or her 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 his or her 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
transit employee, 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, or search and
rescue member engaged in the performance of his or her duties,
nonsworn employee of a probation department, or a physician or nurse
engaged in rendering emergency medical care, or a transit employee,
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.
(c) (1) 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 his or her duties, whether on or off duty, or a
nonsworn employee of a probation department engaged in the
performance of his or her 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
transit employee, 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 his or her
duties, or a physician or nurse engaged in rendering emergency
medical care, or a transit employee, 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.
(2) When the battery specified in paragraph (1) is committed
against a peace officer engaged in the performance of his or her
duties, whether on or off duty, including when the peace officer is
in a police uniform and is concurrently performing the duties
required of him or her 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 his or her 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.
(d) 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.
(e) (1) 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 B of the California
Constitution.
(2) 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:
(A) That the defendant make payments to a battered women's
shelter, up to a maximum of five thousand dollars ($5,000).
(B) 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.
For any order to pay a fine, make payments to a battered women's
shelter, 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
battered women's shelter 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 his or her 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.
(3) 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 and sentenced under paragraph (1), 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.
(4) 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.
(5) If a peace officer makes an arrest for a violation of
paragraph (1), the peace officer is not required to inform the victim
of his or her right to make a citizen's arrest pursuant to
subdivision (b) of Section 836.
(f) As used in this section:
(1) "Peace officer" means any person defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.
(2) "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 in accordance with the standards of Division
2.5 (commencing with Section 1797) of the Health and Safety Code.
(3) "Nurse" means a person who meets the standards of Division 2.5
(commencing with Section 1797) of the Health and Safety Code.
(4) "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.
(5) "Injury" means any physical injury which requires professional
medical treatment.
(6) "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.
(7) "Lifeguard" means a person defined in paragraph (5) of
subdivision (d) of Section 241.
(8) "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.
(9) "Animal control officer" means any person employed by a city,
county, or city and county for purposes of enforcing animal control
laws or regulations.
(10) "Dating relationship" means frequent, intimate associations
primarily characterized by the expectation of affectional or sexual
involvement independent of financial considerations.
(11) (A) "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.
(B) "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).
(12) "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.
(13) "Search and rescue member" means any person who is part of an
organized search and rescue team managed by a government agency.
(14) "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.
(15) "Transit employee" means any employee of an operator as
defined in Section 99210 of the Public Utilities Code.
(g) 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.
SEC. 3. Section 243.3 of the Penal Code
is amended to read:
243.3. (a) 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, 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 hire, against a
schoolbus driver, or driver, against
the person of a station agent or ticket agent for the entity
providing the transportation, transportation,
against the person of an individual authorized to issue citations
for fare evasion or passenger conduct violations for a public
transportation provider, or against the person of a parking control
officer, and the person who commits the offense knows or
reasonably should know that the victim, in the case of an operator,
driver, or agent, individual authorized to
issue citations for fare evasion or passenger conduct violations, or
parking control officer, is engaged in the performance of his
or her duties, or is a passenger the offense shall be punished by a
fine not exceeding ten twenty thousand
dollars ($10,000), ($20,000), or by
imprisonment in a county jail not exceeding one year,
the state prison not exceeding four years,
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 twenty thousand dollars
($10,000), or by imprisonment in a county jail not exceeding
one year ($20,000), or by imprisonment
in the state prison for 16 months, or two
three, four, or three six
years, or by both that fine and imprisonment.
(b) As used in this section, "public transportation provider"
means a publicly or privately owned entity that operates, for the
transportation of persons for hire, 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 air,
or that operates a schoolbus.
SEC. 4. Section 1203.055 of the Penal
Code is amended to read:
1203.055. (a) Notwithstanding any other law, in sentencing a
person convicted of committing or of attempting to commit one or more
of the offenses listed in subdivision (b) against a person who is a
passenger, operator, driver, or other occupant of any public transit
vehicle whether the offense or attempt is committed within the
vehicle or directed at the vehicle, the court shall require that the
person serve some period of confinement. If probation is granted, it
shall be a condition of probation that the person shall be confined
in the county jail for some period of time. If the time spent in jail
prior to arraignment is less than 24 hours, it shall not be
considered to satisfy the requirement that some period of confinement
be imposed.
As used in this subdivision, "public transit vehicle" means any
motor vehicle, streetcar, trackless trolley, bus, shuttle, light rail
system, rapid transit system, subway, train, taxi cab, or jitney,
which transports members of the public for hire.
(b) Subdivision (a) applies to the following crimes:
(1) Murder.
(2) A violation of Section 241, 241.3, 241.4, 244, 245, 245.2, or
246.
(3) Robbery, in violation of Section 211.
(4) Kidnapping, in violation of Section 207.
(5) Kidnapping, in violation of Section 209.
(6) Battery, in violation of Section 243, 243.1, or 243.3.
(7) Rape, in violation of Section 261, 262, 264, or 264.1.
(8) Assault with intent to commit rape or sodomy, in violation of
Section 220.
(9) Any other offense in which the defendant inflicts great bodily
injury on any person other than an accomplice. As used in this
paragraph, "great bodily injury" means "great bodily injury" as
defined in Section 12022.7.
(10) Grand theft, in violation of subdivision (1) of Section 487.
(11) Throwing of a hard substance or shooting a missile at a
transit vehicle, in violation of Section 219.2.
(12) Unlawfully causing a fire, in violation of Section 452.
(13) Drawing, exhibiting, or using a firearm or deadly weapon, in
violation of Section 417.
(14) A violation of Section 214.
(15) A violation of Section 215.
(16) Kidnapping, in violation of Section 209.5.
(c) Probation shall not be granted to, nor shall the execution or
imposition of sentence be suspended for, any person convicted of a
felony offense falling within this section if the person has been
previously convicted and sentenced pursuant to this section.
section, or for any person convicted of a violation
of Section 241.3, 243.3, or 245.2.
(d) (1) The existence of any fact which would make a person
ineligible for probation under subdivisions (a) and (c) shall be
alleged in the accusatory pleading, and either admitted by the
defendant in open court, or found to be true by the jury trying the
issue of guilt or by the court where guilt is established by a plea
of guilty or nolo contendere or by a trial by the court sitting
without a jury.
A finding bringing the defendant within this section shall not be
stricken pursuant to Section 1385 or any provision of law.
(2) This subdivision does not prohibit the adjournment of criminal
proceedings pursuant to Division 3 (commencing with Section 3000) or
Division 6 (commencing with Section 6000) of the Welfare and
Institutions Code.
(e) The court shall require, as a condition of probation for any
person convicted of committing a crime which took place on a public
transit vehicle, except in any case in which the court makes a
finding and states on the record clear and compelling reasons why the
condition would be inappropriate, that the person make restitution
to the victim. If restitution is found to be inappropriate, the court
shall require as a
condition of probation, except in any case in which the court makes a
finding and states on the record its reasons that the condition
would be inappropriate, that the defendant perform specified
community service. Nothing in this subdivision shall be construed to
limit the authority of a court to provide additional conditions of
probation.
(f) In any case in which a person is convicted of committing a
crime which took place on a public transit vehicle, the probation
officer shall immediately investigate and report to the court at a
specified time whether, as a result of the crime, property damage or
loss or personal injury was caused by the defendant, the amount of
the damage, loss, or injury, and the feasibility of requiring
restitution to be made by the defendant. When a probation report is
required pursuant to Section 1203 the information required by this
subdivision shall be added to that probation report.
SEC. 3. SEC. 5. 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.