Bill Text: CA SB413 | 2015-2016 | Regular Session | Amended

California Senate Bill 413 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public transit: prohibited conduct.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-10 - Chaptered by Secretary of State. Chapter 765, Statutes of 2015. [SB413 Detail]

Download: California-2015-SB413-Amended.html
BILL NUMBER: SB 413	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 22, 2015
	AMENDED IN SENATE  APRIL 16, 2015

INTRODUCED BY   Senator Wieckowski

                        FEBRUARY 25, 2015

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



	LEGISLATIVE COUNSEL'S DIGEST


   SB 413, as amended, Wieckowski. Public transit: prohibited
conduct.
   Existing law makes it a crime, punishable as an infraction, for a
person to commit certain acts on or in a facility or vehicle of a
public transportation system, including disturbing another person by
loud or unreasonable noise  or selling or peddling any goods,
merchandise, property, or services of any kind whatsoever 
on the facilities, vehicles, or property of the public transportation
system, in specified circumstances.
   This bill would revise the unreasonable noise provision so that it
would apply to a person failing to comply with the warning of a
transit official related to disturbing another person by loud and
unreasonable noise, and also to a person playing sound equipment on
or in a public transportation system facility or vehicle. The bill
would also make it an infraction for a person on or in a facility or
vehicle of a public transportation system to fail to yield seating
reserved for an elderly or disabled person  if the public
transportation agency enacts an ordinance to that effect, after a
public hearing  .  The bill would make a 3rd or
subsequent violation of the prohibition against selling or peddling
goods, merchandise, property, or services, as specified, punishable
as a misdemeanor. 
   The bill would also expand the definition of a facility or vehicle
of a public transportation system for these purposes to include a
facility or vehicle of a rail authority, whether owned or leased, as
specified.
   By expanding the definitions of existing crimes and creating new
crimes, the bill would impose a state-mandated local program.
   Existing law also authorizes a public transportation agency to
adopt an ordinance to impose and enforce civil administrative
penalties for certain passenger misconduct, other than by minors, on
or in a transit facility or vehicle in lieu of the criminal penalties
otherwise applicable, with specified administrative procedures for
the imposition and enforcement of the administrative penalties,
including an initial review and opportunity for a subsequent
administrative hearing. Existing law requires the ordinance to
include the statutory provisions governing the administrative
penalties.
   This bill would authorize these administrative penalties to also
apply to a person failing to comply with the warning of a transit
official related to disturbing another person by loud and
unreasonable noise, and to a person failing to yield seating reserved
for an elderly or disabled person. The bill would authorize the
administrative penalties to be applied to minors and would delete the
requirement for the ordinance to include the statutory 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.
State-mandated local program: yes.


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) (1) Any of the acts described in paragraphs (1) to (6),
inclusive, of 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 the violator's hours
of school attendance or employment. Any of the acts described in
paragraphs (1) to (3), inclusive, of subdivision (c), upon a first or
second violation, 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 the violator's hours of school
attendance or employment. A third or subsequent violation of any of
the acts described in paragraphs (1) to (3), inclusive, of
subdivision (c) is a misdemeanor punishable by a fine of not more
than four hundred dollars ($400) or by imprisonment in a county jail
for a period of not more than 90 days, or by both that fine and
imprisonment. Any of the acts described in subdivision (d) shall be
punishable by a fine of not more than four hundred dollars ($400), by
imprisonment in a county jail for a period of not more than 90 days,
or by both that fine and imprisonment.
   (2) This section shall apply only to acts committed on or in a
facility or vehicle of a public transportation system.
   (b) (1) Eating or drinking in or on a system facility or vehicle
in areas where those activities are prohibited by that system.
   (2) Playing sound equipment on or in a system facility or vehicle,
or failing to comply with the warning of a transit official related
to disturbing another person by loud or unreasonable noise.
   (3) Smoking in or on a system facility or vehicle in areas where
those activities are prohibited by that system.
   (4) Expectorating upon a system facility or vehicle.
   (5) Skateboarding, roller skating, bicycle riding, roller blading,
or operating a motorized scooter or similar device, as defined in
Section 407.5 of the Vehicle Code 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.
   (6)  Failing to yield seating reserved for an elderly or
disabled person.   Selling or peddling any goods,
merchandise, property, or services of any kind whatsoever on the
facilities, vehicles, or property of the public transportation
system, if the public transportation system has prohibited those acts
and neither the public transportation system nor its   duly
authorized representatives have granted written consent to engage in
those acts. 
   (c) (1) Evasion of the payment of a fare of the system. For
purposes of this section, fare evasion includes entering an enclosed
area of a public transit facility beyond posted signs prohibiting
entrance without obtaining valid fare, in addition to entering a
transit vehicle without valid fare.
   (2) Misuse of a transfer, pass, ticket, or token with the intent
to evade the payment of a fare.
   (3) (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. 
   (4) Selling or peddling any goods, merchandise, property, or
services of any kind whatsoever on the facilities, vehicles, or
property of the public transportation system, if the public
transportation system has prohibited those acts and neither the
public transportation system nor its duly authorized representatives
have granted written consent to engage in those acts. 
   (d) (1) Willfully disturbing others on or in a system facility or
vehicle by engaging in boisterous or unruly behavior.
   (2) Carrying an explosive, acid, or flammable liquid in a public
transit facility or vehicle.
   (3) 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.
   (4) Willfully blocking the free movement of another person in a
system facility or vehicle. 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.
   (5) Willfully tampering with, removing, displacing, injuring, or
destroying any part of any facility or vehicle of a public
transportation system.
   (e) Notwithstanding subdivision (a), a public transportation
agency, as defined in paragraph (4) of subdivision (c) of Section
99580 of the Public Utilities Code, may  enact  
do either of the following:
    (1)     Enact  and enforce an
ordinance providing that a person who is the subject of a citation
for any of the acts described in subdivision (b) of Section 99580 of
the Public Utilities Code on or in a facility or vehicle described in
subdivision (a) for which the public transportation agency has
jurisdiction shall, under the circumstances set forth by the
ordinance, be afforded an opportunity to complete an administrative
process that imposes only an administrative penalty 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. 
   (2) Enforce as an infraction pursuant to subdivision (b) the act
of failing to yield seating reserved for an elderly or disabled
person in a facility or vehicle for which the public transportation
agency has jurisdiction, provided that the governing board of the
public transportation agency enacts an ordinance to that effect after
a public hearing on the issue. 
   (f) For purposes of this section, a "facility or vehicle of a
public transportation system" means 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 facility or vehicle of a rail authority, whether owned or
leased, including, but not limited to, any part of a railroad, or
track of a railroad, or any branch or branchway, switch, turnout,
bridge, viaduct, culvert, embankment, station house, or other
structure or fixture, or any part thereof, attached or connected to a
railroad.
   (4) A leased or rented facility or vehicle for which any of the
entities described in paragraph (1), (2), or (3) incurs costs of
cleanup, repair, or replacement as a result of any of those acts.
  SEC. 2.  Section 99580 of the Public Utilities Code is amended to
read:
   99580.  (a) Pursuant to subdivision (e) of Section 640 of the
Penal Code, a public transportation agency may enact and enforce an
ordinance to impose and enforce an administrative penalty for any of
the acts described in subdivision (b).
   (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,
or failing to comply with the warning of a transit official related
to disturbing another person by loud or unreasonable noise.
   (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   If   
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.
   (12) Selling or peddling any goods, merchandise, property, or
services of any kind whatsoever on the facilities, vehicles, or
property of the public transportation system without the express
written consent of the public transportation system or its duly
authorized representatives.
   (13) Failing to yield seating reserved for an elderly or disabled
person.
   (c) (1) The public transportation agency may contract with a
private vendor or governmental agency 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) For the purpose of this chapter, "public transportation agency"
shall mean a public agency that provides public transportation as
defined in paragraph (1) of subdivision (f) of Section 1 of Article
XIX A of the California Constitution.
   (5) All fare evasion and passenger conduct violation penalties
collected pursuant to this chapter shall be deposited in the general
fund of the county in which the citation is administered.
   (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, after a notice of fare evasion or passenger conduct
violation is issued pursuant to this section, the issuing officer
determines that there is incorrect data on the notice, including, but
not limited to, the date or time, the issuing officer may indicate
in writing on a form attached to the original notice the necessary
correction to allow for the timely entry of the corrected notice on
the processing agency's data system. A copy of the correction shall
be mailed to the address provided by the person cited at the time the
original notice of fare evasion or passenger conduct violation was
served.
   (4) If a person contests a notice of fare evasion or passenger
conduct violation, the issuing agency shall proceed in accordance
with Section 99581.
   (e) In setting the amounts of administrative penalties for the
violations listed in subdivision (b), the public transportation
agency shall not establish penalty amounts that exceed the maximum
fine amount set forth in Section 640 of the Penal Code.
   (f) A person who receives a notice of fare evasion or passenger
conduct violation pursuant to this section shall not be subject to
citation for a violation of Section 640 of the Penal Code.
   (g) If an entity enacts an ordinance pursuant to this section it
shall, both two years and five years after enactment of the
ordinance, report all of the following information to the Senate
Committee on Transportation and Housing and the Assembly Committee on
Transportation:
   (1) A description of the ordinance, including the circumstances
under which an alleged violator is afforded the opportunity to
complete the administrative process.
   (2) The amount of the administrative penalties.
   (3) The number and types of citations administered pursuant to the
ordinance.
   (4) To the extent available, a comparison of the number and types
of citations administered pursuant to the ordinance with the number
and types of citations issued for similar offenses and administered
through the courts both in the two years prior to the ordinance and,
if any, since enactment of the ordinance.
   (5) A discussion of the effect of the ordinance on passenger
behavior.
   (6) A discussion of the effect of the ordinance on revenues to the
entity described in subdivision (a) and, in consultation with the
superior courts, the cost savings to the county courts. The superior
courts are encouraged to collaborate on and provide data for this
report.
  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.