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81 APPENDIX A Supplemental Information

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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 1 times the for offenses committed maximum term of against transit operators imprisonment otherwise and Metrorail station authorized by the offense, managers. or 1 times the maximum fine, or both.

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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.

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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.

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85 State Section Provision Penalty MA Mass Ann Laws Assault & battery on 90 days to 2 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).

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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.

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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.

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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).

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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.

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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.

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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

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105 Houston METRO Pepper Gel Guideline

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