Bill Text: CA SB1320 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Transit fare evasion and passenger misconduct:

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2010-09-29 - Chaptered by Secretary of State. Chapter 493, Statutes of 2010. [SB1320 Detail]

Download: California-2009-SB1320-Introduced.html

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BILL NUMBER: SB 1320	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hancock

                        FEBRUARY 19, 2010

   An act to amend Section 640 of the Penal Code, and to amend
Section 99580 of the Public Utilities Code, relating to
transportation.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1320, as introduced, Hancock. Transit fare evasion and
passenger misconduct: administrative adjudication.
   Existing law provides that it is an infraction, punishable by a
fine not to exceed $250 and by specified community service, to evade
the payment of any fare of, or to engage in passenger misconduct on
or in a facility or vehicle of a public transportation system.
Existing law authorizes the City and County of San Francisco and the
Los Angeles County Metropolitan Transportation Authority to adopt and
enforce an ordinance to impose and enforce civil administrative
penalties for fare evasion or passenger misconduct, other than by
minors, on or in a transit facility or vehicle in lieu of the
criminal penalties, with specified administrative adjudication
procedures for the imposition and enforcement of the administrative
penalties. Fare evasion and passenger misconduct violation penalties
are deposited in the general fund of the City and County of San
Francisco or the County of Los Angeles, as applicable.
   This bill would authorize the Alameda-Contra Costa Transit
District to adopt and enforce a similar administrative adjudication
ordinance. Fare evasion and passenger misconduct violation penalties
would be deposited in the general fund of the district.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 640 of the Penal Code is amended to read:
   640.  (a) Any of the acts described in subdivision (b) is an
infraction punishable by a fine not to exceed two hundred fifty
dollars ($250) and by community service for a total time not to
exceed 48 hours over a period not to exceed 30 days, during a time
other than during his or her hours of school attendance or
employment, when committed on or in any of the following:
   (1) A facility or vehicle of a public transportation system as
defined by Section 99211 of the Public Utilities Code.
   (2) A facility of, or vehicle operated by any entity subsidized
by, the Department of Transportation.
   (3) A leased or rented facility or vehicle for which any of the
entities described in paragraph (1) or (2) incur costs of cleanup,
repair, or replacement as a result of any of those acts.
   (b) (1) Evasion of the payment of a fare of the system.
   (2) Misuse of a transfer, pass, ticket, or token with the intent
to evade the payment of a fare.
   (3) Playing sound equipment on or in a system facility or vehicle.

   (4) Smoking, eating, or drinking in or on a system facility or
vehicle in those areas where those activities are prohibited by that
system.
   (5) Expectorating upon a system facility or vehicle.
   (6) Willfully disturbing others on or in a system facility or
vehicle by engaging in boisterous or unruly behavior.
   (7) Carrying an explosive or acid, flammable liquid, or toxic or
hazardous material in a public transit facility or vehicle.
   (8) Urinating or defecating in a system facility or vehicle,
except in a lavatory. However, this paragraph shall not apply to a
person who cannot comply with this paragraph as a result of a
disability, age, or a medical condition.
   (9) (A) Willfully blocking the free movement of another person in
a system facility or vehicle.
   (B) This paragraph (9) shall not be interpreted to affect any
lawful activities permitted or first amendment rights protected under
the laws of this state or applicable federal law, including, but not
limited to, laws related to collective bargaining, labor relations,
or labor disputes.
   (10) Skateboarding, roller skating, bicycle riding, or roller
blading in a system facility, vehicle, or parking structure. This
paragraph does not apply to an activity that is necessary for
utilization of the transit facility by a bicyclist, including, but
not limited to, an activity that is necessary for parking a bicycle
or transporting a bicycle aboard a transit vehicle, if that activity
is conducted with the permission of the transit agency in a manner
that does not interfere with the safety of the bicyclist or other
patrons of the transit facility.
   (11) (A) Unauthorized use of a discount ticket or failure to
present, upon request from a transit system representative,
acceptable proof of eligibility to use a discount ticket, in
accordance with Section 99155 of the Public Utilities Code and posted
system identification policies when entering or exiting a transit
station or vehicle. Acceptable proof of eligibility must be clearly
defined in the posting.
   (B) In the event that an eligible discount ticket user is not in
possession of acceptable proof at the time of request, any citation
issued shall be held for a period of 72 hours to allow the user to
produce acceptable proof. If the proof is provided, the citation
shall be voided. If the proof is not produced within that time
period, the citation shall be processed.
   (c) Notwithstanding subdivision (a), the City and County of San
Francisco  and   ,  the Los Angeles County
Metropolitan Transportation Authority  ,   and the
Alameda-Contra Costa Transit District  may enact and enforce an
ordinance providing that any of the acts described in subdivision (b)
on or in a facility or vehicle described in subdivision (a) for
which the City and County of San Francisco  or  
,  the Los Angeles County Metropolitan Transportation Authority
 , or the Alameda-Contra Costa Transit District  has
jurisdiction shall be subject only to an administrative penalty
imposed and enforced in a civil proceeding. The ordinance for
imposing and enforcing the administrative penalty shall be governed
by Chapter 8 (commencing with Section 99580) of Part 11 of Division
10 of the Public Utilities Code and shall not apply to minors.
  SEC. 2.  Section 99580 of the Public Utilities Code is amended to
read:
   99580.  (a) Pursuant to subdivision (c) of Section 640 of the
Penal Code, the City and County of San Francisco  and
  ,  the Los Angeles County Metropolitan
Transportation Authority  , and the Alameda-Contra Costa Transit
District  may enact and enforce an ordinance to impose and
enforce an administrative penalty for any of the acts described in
subdivision (b). The ordinance shall include the provisions of this
chapter and shall not apply to minors.
   (b) (1) Evasion of the payment of a fare of the system.
   (2) Misuse of a transfer, pass, ticket, or token with the intent
to evade the payment of a fare.
   (3) Playing sound equipment on or in a system facility or vehicle.

   (4) Smoking, eating, or drinking in or on a system facility or
vehicle in those areas where those activities are prohibited by that
system.
   (5) Expectorating upon a system facility or vehicle.
   (6) Willfully disturbing others on or in a system facility or
vehicle by engaging in boisterous or unruly behavior.
   (7) Carrying an explosive or acid, flammable liquid, or toxic or
hazardous material in a system facility or vehicle.
   (8) Urinating or defecating in a system facility or vehicle,
except in a lavatory. However, this paragraph shall not apply to a
person who cannot comply with this paragraph as a result of a
disability, age, or a medical condition.
   (9) (A) Willfully blocking the free movement of another person in
a system facility or vehicle.
   (B) This paragraph shall not be interpreted to affect any lawful
activities permitted or first amendment rights protected under the
laws of this state or applicable federal law, including, but not
limited to, laws related to collective bargaining, labor relations,
or labor disputes.
   (10) Skateboarding, roller skating, bicycle riding, or roller
blading in a system facility, including a parking structure, or in a
system vehicle. This paragraph does not apply to an activity that is
necessary for utilization of a system facility by a bicyclist,
including, but not limited to, an activity that is necessary for
parking a bicycle or transporting a bicycle aboard a system vehicle,
if that activity is conducted with the permission of the agency of
the system in a manner that does not interfere with the safety of the
bicyclist or other patrons of the system facility.
   (11) (A) Unauthorized use of a discount ticket or failure to
present, upon request from a system representative, acceptable proof
of eligibility to use a discount ticket, in accordance with Section
99155, and posted system identification policies when entering or
exiting a system station or vehicle. Acceptable proof of eligibility
must be clearly defined in the posting.
   (B) In the event that an eligible discount ticket user is not in
possession of acceptable proof at the time of request, an issued
notice of fare evasion or passenger conduct violation shall be held
for a period of 72 hours to allow the user to produce acceptable
proof. If the proof is provided, that notice shall be voided. If the
proof is not produced within that time period, that notice shall be
processed.
   (c) (1) The City and County of San Francisco  and
  ,  the Los Angeles County Metropolitan
Transportation Authority  , and the Alameda-Contra Costa Transit
District  may contract with a private vendor for the processing
of notices of fare evasion or passenger conduct violation, and
notices of delinquent fare evasion or passenger conduct violation
pursuant to Section 99581.
   (2) For the purpose of this chapter, "processing agency" means
either of the following:
   (A) The agency issuing the notice of fare evasion or passenger
conduct violation and the notice of delinquent fare evasion or
passenger conduct violation.
   (B) The party responsible for processing the notice of fare
evasion or passenger conduct violation and the notice of delinquent
violation, if a contract is entered into pursuant to paragraph (1).
   (3) For the purpose of this chapter, "fare evasion or passenger
conduct violation penalty" includes, but is not limited to, a late
payment penalty, administrative fee, fine, assessment, and costs of
collection as provided for in the ordinance.
   (4) All fare evasion and passenger conduct violation penalties
collected by the processing agency in the City and County of San
Francisco shall be deposited to the general fund of the City and
County of San Francisco.
   (5) All fare evasion and passenger conduct violation penalties
collected by the Los Angeles County Metropolitan Transportation
Authority shall be deposited in the general fund of the County of Los
Angeles. 
   (6) All fare evasion and passenger conduct violation penalties
collected by the Alameda-Contra Costa Transit District shall be
deposited in the general fund of the district. 
   (d) (1) If a fare evasion or passenger conduct violation is
observed by a person authorized to enforce the ordinance, a notice of
fare evasion or passenger conduct violation shall be issued. The
notice shall set forth the violation, including reference to the
ordinance setting forth the administrative penalty, the date of the
violation, the approximate time, and the location where the violation
occurred. The notice shall include a printed statement indicating
the date payment is required to be made, and the procedure for
contesting the notice. The notice shall be served by personal service
upon the violator. The notice, or copy of the notice, shall be
considered a record kept in the ordinary course of business of the
issuing agency and the processing agency, and shall be prima facie
evidence of the facts contained in the notice establishing a
rebuttable presumption affecting the burden of producing evidence.
   (2) When a notice of fare evasion or passenger conduct violation
has been served, the person issuing the notice shall file the notice
with the processing agency.
   (3) If a person contests a notice of fare evasion or passenger
conduct violation, the issuing agency shall proceed in accordance
with Section 99581.