Bill Text: CA SB882 | 2015-2016 | Regular Session | Chaptered
Bill Title: Crimes: public transportation: minors.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2016-08-22 - Chaptered by Secretary of State. Chapter 167, Statutes of 2016. [SB882 Detail]
Download: California-2015-SB882-Chaptered.html
BILL NUMBER: SB 882 CHAPTERED
BILL TEXT
CHAPTER 167
FILED WITH SECRETARY OF STATE AUGUST 22, 2016
APPROVED BY GOVERNOR AUGUST 22, 2016
PASSED THE SENATE JUNE 2, 2016
PASSED THE ASSEMBLY AUGUST 4, 2016
AMENDED IN SENATE MAY 31, 2016
INTRODUCED BY Senator Hertzberg
(Coauthors: Senators Beall and Wieckowski)
(Coauthors: Assembly Members Dababneh and Cristina Garcia)
JANUARY 15, 2016
An act to amend Section 640 of the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
SB 882, Hertzberg. Crimes: public transportation: minors.
Existing law makes it an infraction or a misdemeanor to evade the
payment of a fare on a public transit system, to misuse a transfer,
pass, ticket, or token with the intent to evade the payment of a
fare, or to use a discount ticket without authorization or fail to
present, upon request from a transit system representative,
acceptable proof of eligibility to use a discount ticket.
This bill would prohibit a minor from being charged with an
infraction or a misdemeanor for those acts.
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. Except as provided in subdivision
(g), 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. Except as provided in subdivision (g), 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 unreasonably loud 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) 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) If an eligible discount ticket user is not in possession of
acceptable proof at the time of request, a 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.
(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 a facility or vehicle of a public
transportation system.
(e) Notwithstanding subdivision (a) or (g), a public
transportation agency, as defined in paragraph (4) of subdivision (c)
of Section 99580 of the Public Utilities Code, may 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, "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, an 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.
(g) A minor shall not be charged with an infraction or a
misdemeanor for violation of paragraphs (1) to (3), inclusive, of
subdivision (c). Nothing in this subdivision shall limit the ability
of a public transportation agency to assess an administrative penalty
as established in paragraph (1) of subdivision (e) and in Section
99580 of the Public Utilities Code, not to exceed two hundred fifty
dollars ($250) upon a first or second violation and not to exceed
four hundred dollars ($400) upon a third or subsequent violation.
