Below are the first 10 and last 10 pages of uncorrected machine-read text (when available) of this chapter, followed by the top 30 algorithmically extracted key phrases from the chapter as a whole.
Intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text on the opening pages of each chapter.
Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.
Do not use for reproduction, copying, pasting, or reading; exclusively for search engines.
OCR for page 81
81
APPENDIX A
Supplemental Information
OCR for page 82
82
State laws providing for specific penalties in
connection with harming transit and school bus
employees
State Section Provision Penalty
CA Cal Pen Code 190.25 Murder of a Life without parole.
transportation
worker.
CA Cal Pen Code 212.5 Robbery of a First degree robbery.
transportation
worker.
CA Cal Pen Code 241.3 Assault of $2,000 fine, 1 year in
transportation worker jail, or both.
or passenger.
CA Cal Pen Code 243.3 Battery of $10,000 fine or 1
transportation worker year in jail, or both.
or passenger. If injury occurs, up to
3 years prison.
CA Cal Pen Code 245.2 Assault with deadly Up to 5 years prison.
weapon on
transportation
worker.
CO C.R.S. 32-9-160 Wrongfully Misdemeanor. Fine
interfering with any of not more than
RTD employee in the $300, or by
proper discharge of imprisonment in the
his duties. county jail for not more
than 90 days, or both.
CT Conn. Gen. Stat. § Assault of Public Class C felony
14-223 Transit Employee
DC §22-3751 et seq. Enhanced penalties Up to 1½ times the
for offenses committed maximum term of
against transit operators imprisonment otherwise
and Metrorail station authorized by the offense,
managers. or 1½ times the maximum
fine, or both.
OCR for page 83
83
State Section Provision Penalty
DC §22-1309 Notice of enhanced Requires WMATA to
penalties. post signs regarding
the enhanced
penalties on all buses,
trains, and at or near
Metrorail station
kiosks.
FL Fla Stat 784.07 Assault of transit 1st degree
employee. misdemeanor.
FL Fla Stat 784.07 Battery of transit 3rd degree felony.
employee.
FL Fla Stat 784.07 Aggravated assault of 2nd degree felony.
transit employee.
FL Fla Stat 784.07 Aggravated battery 1st degree felony.
of transit employee.
GA OCGA 16-5-20 Simple assault Misdemeanor of a
committed in a "high & aggravated
transit vehicle or nature."
station.
GA OCGA 16-5-21 Aggravated assault 3 to 20 years in
committed in a prison.
transit vehicle or
station.
GA OCGA 16-5-23 Simple battery Misdemeanor of a
committed in a "high & aggravated
transit vehicle or nature."
station.
GA OCGA 16-5-23.1 Battery committed in Misdemeanor of a
a transit vehicle or "high & aggravated
station. nature."
GA OCGA 16-5-24 Aggravated battery 5 to 20 years in
committed in a prison.
transit vehicle or
station.
HI HRS 711-1112 Interference with Class `C' felony.
operator of public
transit vehicle.
ID ID Code 18-1522 Disruption or Misdemeanor.
interference with
school bus driver.
OCR for page 84
84
State Section Provision Penalty
IL 625 ILCS 50/1 Requires a notice to N/A
be prominently
displayed in each
vehicle used for the
transportation of the
public for hire which
must substantially
state the following:
"Any person who
assaults or harms an
individual whom he
knows to be a driver,
operator, employee
or passenger of a
transportation facility
or system engaged in
the business of
transportation for
hire and who is then
performing in such
capacity or using such
public transportation
as a passenger, if
such individual is
assaulted, commits a
Class `A' misdemeanor,
or if such individual is
harmed, commits a
Class 3 felony."
IL 720 ILCS 5/12-2 Aggravated assault Class `A'
on a driver, operator, misdemeanor.
employee, or passenger
of any transportation
facility or system
engaged in the
business of transportation
of the public for hire.
IL 720 ILCS 5/12-4 Aggravated battery Class 3 felony.
(intentionally or
knowingly causing
great bodily harm) to
a driver, operator,
employee, or passenger
of any transportation
facility or system
engaged in the business
of transportation of the
public for hire.
LA R.S. 14:34.5.1 Battery of bus Fine not more than
operator or cable car $500 and prison for
operator while that not less than 48 hours nor
person is on duty in more than 6 months
course and scope of without benefit of
his or her probation, parole, or
employment. suspension of sentence.
OCR for page 85
85
State Section Provision Penalty
MA Mass Ann Laws Assault & battery on 90 days to 2½ years
Ch.265, Sect 13 D certain public prison or fine of $500
officers & employees to $5000.
(including bus,
trackless trolley, rail,
or rapid transit
motorman, operator,
gateman, guard, or
collector).
MD Md. Transportation Prohibited Acts: Misdemeanor subject
Code Ann. § 7-705 Obstruct, hinder, or to a fine of not more
interfere with the than $1,000,
operation or operator imprisonment not
of a transit vehicle, or exceeding 90 days, or
railroad passenger both.
car, or a person
engaged in official
duties as a station
agent, conductor, or
station attendant.
MN Minn Stat 609.855 Unlawful Up to 3 years in
interference with prison or $5000 fine,
transit operator. or both if violation
was accompanied by
force or violence or a
communication of a
threat of force or
violence. If no force
or violence or threat
of force or violence,
up to 90 days in jail
or fine not to exceed
$700.
MO 578.305 R.S. Mo Assault with intent to Class `C' felony.
commit bus hijacking Class `A' felony if a
(intimidation, threat, dangerous weapon is
assault or battery employed.
toward any driver,
attendant, or guard of
a bus so as to
interfere with the
performance of
duties by such
person).
MO 578.305 R.S. Mo Bus hijacking Class `B' felony.
(seizure or exercise
of control, by force
or violence, or threat
of force or violence,
of any bus).
OCR for page 86
86
State Section Provision Penalty
NC G.S. 14-33(c)(7) Assault on a public Class A1
transit operator, Misdemeanor.
including a public
employee or a private
contractor employed
as a transit operator,
when the operator is
discharging or
attempting to
discharge his or her
duties.
NV Nev Rev Stat Ann Felony committed on Imprisonment for a
193.161 a school bus while term equal to & in
bus operator engaged addition to term
in official duties. prescribed by statute
for that crime.
NV Nev Rev Stat Ann Murder of the first Class `A' felony.
200.030 degree. Among other
types of murder, it
includes murder
committed on a
school bus while the
bus operator was
engaged in official
duties.
NV Nev Rev Stat Ann Assault on a transit Gross misdemeanor.
200.471 operator. If assault is made
with a deadly
weapon, or the
present ability to use
a deadly weapon,
upgraded to a `B'
felony (16 years
prison or up to $5000
fine, or both).
NV Nev Rev Stat Ann Battery of transit Class `B' felony
200.481 operator who sustains (minimum 210 years
substantial bodily prison or up to
harm. $10,000 fine, or
both). No substantial
bodily harm needed
if deadly weapon
used. Gross
misdemeanor if no
substantial bodily
harm & no deadly
weapon.
OCR for page 87
87
State Section Provision Penalty
NM NM Stat Ann Seizure or exercising 3rd degree felony.
30-7-12 control of a bus by
force or violence or
by threat of force or
violence.
NM NM Stat Ann Intimidating, 4th degree felony.
30-7-12 threatening, or
assaulting any driver
of a bus with intent
of seizing or
exercising control of
bus.
NJ NJ Stat 2C:12-1 Simple assault upon Upgraded to 3rd
any operator of a degree aggravated
motorbus or any assault if victim
employee of a rail suffers bodily injury.
passenger service, or 4th degree aggravated
school bus driver. assault if no injury.
NY NY Penal Law Assault on train 2nd degree assault.
120.05, sub. 11 operator, ticket
inspector, conductor,
bus operator, or
station agent while
such employee is
performing an
assigned duty on, or
directly related to,
the operation of a
train or bus.
OH ORC Ann. 2903.13 Assault of a school 5th degree felony.
bus driver.
OK 21 Okl St. 1903 Using force or Felony (up to 20
violence or threat of years prison or
force or violence to $20,000 fine, or both).
seize or exercise Intent to seize control
control over a bus. of bus by
intimidation, threat,
or assault punishable
by `A' felony (up to
10 years prison or
$5,000 fine, or both).
For either offense,
the more severe
penalty applies if
deadly weapon is
used.
OCR for page 88
88
State Section Provision Penalty
OR ORS 163.165 Assault in the third Class C felony.
degree (including the
causing of physical
injury to the operator
of a public transit
vehicle while the
operator is in control
of or operating the
vehicle).
PA 18 Pa.C.S. § 2702 Intentionally, Felony of the 1st
knowingly, or degree.
recklessly causing
serious bodily injury
to an employee of an
agency, company, or
other entity engaged
in public
transportation, while
in the performance of
duty.
RI RI Gen Laws 11-5-5 Assault of public Felony punishable by
officials (including up to 3 years prison
Rhode Island Public or $1,500 fine, or
Transit Authority bus both.
drivers).
SC SC Code Ann Student committing Misdemeanor
16-3-612 assault & battery punishable by up to 1
against school year in prison or up
personnel (including to $1,000 fine, or
bus drivers). both.
SC SC Code Ann Obstructing, Misdemeanor. First
58-23-1830 hindering, offense: Up to 30
interference with, or days jail or $200
otherwise disrupting fine. Second offense:
or disturbing the Up to 60 days jail, or
operation or operator $500 fine, or both.
of a public Third or subsequent
transportation offense: Up to 90
vehicle. days jail or $1,000
fine, or both.
SC SC Code Ann Interference with Misdemeanor ($100
59-67-245 operation of a school fine or 30 days jail).
bus (includes threats
to driver).
OCR for page 89
89
State Section Provision Penalty
TN TN Code Ann Aggravated assault Class A
39-13-102 with intent to cause misdemeanor.
physical injury to an
employee of a
transportation system
while the
transportation system
employee is
performing an
assigned duty on, or
directly related to,
the operation of a
transit vehicle.
UT UT Code Ann Assault with intent to 2nd degree felony. 1st
76-10-1504 commit bus hijacking degree felony if
(intimidation, threat, dangerous weapon
assault, or battery used.
toward any driver,
attendant, or guard of
a bus so as to
interfere with the
performance of
duties by such
person).
UT UT Code Ann Bus hijacking 1st degree felony.
76-10-1504 (seizure or exercise
of control, by force
or violence, or threat
of force or violence,
of any bus).
WA Rev Code Wash Interference with the Public nuisance.
(ARCW) 7.48.140 provision or use of
public transportation
services, or
obstructing or
impeding a municipal
transit driver,
operator, or
supervisor in
performance of
duties.
WA Rev Code Wash Interference with Public nuisance.
(ARCW) 9.66.010 municipal transit
vehicle or station.
OCR for page 90
90
State Section Provision Penalty
WA Rev Code Wash Unlawful bus Misdemeanor.
(ARCW) 9.91.025 conduct (includes
intentional
obstruction of
municipal transit
vehicles or
interference with
provision of public
transportation
services.
WA Rev Code Wash Assault upon a 3rd degree assault
(ARCW) 9A.36.031 person employed as a (Class `C' felony).
transit operator or
driver, immediate
supervisor,
mechanic, or security
officer. Includes
public or private
transit company or a
contracted transit
service provider.
Also includes assault
on a school bus
driver or mechanic
employed by a school
district transportation
service.
WI Wis Stat 940.20 Battery to public Class `E' felony.
transit vehicle
operator, driver, or
passenger.(Occurring
on the vehicle, if
offender forces
victim to leave
vehicle, or if victim
is prevented from
gaining access to the
vehicle).
WV W. Va. Code § 61-2-10b Assault, battery, Jail time ranges from
unlawful assault, or 24 hours to 15 years,
malicious assault on depending on
an employee of a severity and number
mass transportation of violations.
system acting in his
or her official
capacity.
OCR for page 91
91
State Section Provision Penalty
WV W. Va . Code § 61-2-16a Malicious assault; Up to 15 years in
unlawful assault; prison.
battery and
recidivism of battery;
assault on a driver,
conductor,
motorman, captain,
pilot, or other person
in charge of any
vehicle used for
public conveyance.
Prepared by ATU Legislative Department
Updated July 26, 2010
OCR for page 105
105
Houston METRO Pepper Gel Guideline
OCR for page 106
106
OCR for page 107
107
OCR for page 108
108
OCR for page 109
109
OCR for page 110
110
OCR for page 111
111
OCR for page 112
112
OCR for page 113
113
OCR for page 114
114
OCR for page 115
115
