BILL NUMBER: SB 1320	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 19, 2010
	PASSED THE ASSEMBLY  AUGUST 16, 2010
	AMENDED IN ASSEMBLY  AUGUST 9, 2010
	AMENDED IN ASSEMBLY  JUNE 21, 2010
	AMENDED IN ASSEMBLY  JUNE 10, 2010
	AMENDED IN SENATE  APRIL 26, 2010

INTRODUCED BY   Senator Hancock
   (Coauthors: Assembly Members Beall, Eng, Hernandez, Jones, and
Bonnie Lowenthal)

                        FEBRUARY 19, 2010

   An act to amend Section 640 of the Penal Code, and to amend
Sections 99580 and 99581 of the Public Utilities Code, relating to
transportation.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1320, 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, including an initial review and opportunity for a
subsequent administrative hearing. 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 Santa Clara Valley Transportation
Authority, the Sacramento Regional Transit District, Long Beach
Transit, Foothill Transit, and 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 county in which the
citation is administered.
   This bill would make various other changes to these provisions
that would be applicable to all 7 agencies. The bill would limit the
amount of the administrative penalty to the maximum fine that may
otherwise be imposed if the conduct were to be charged as an
infraction and would provide that a person receiving an
administrative citation may not also be charged with that infraction.
The bill would require an issuing agency to adopt a written
procedure for a person receiving a citation to request an
administrative hearing without first paying the amount due, upon
satisfactory proof of an inability to pay. The bill would expand the
notification to be provided to the person by the issuing agency upon
denial of an initial review of the citation.
   This bill would incorporate changes to Section 640 of the Penal
Code made by AB 2324, to become operative only if both this bill and
AB 2324 are enacted, and this bill is enacted last.


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 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, the Los Angeles County Metropolitan Transportation
Authority, the Santa Clara Valley Transportation Authority, the
Sacramento Regional Transit District, Long Beach Transit, Foothill
Transit, 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, the
Los Angeles County Metropolitan Transportation Authority, the Santa
Clara Valley Transportation Authority, the Sacramento Regional
Transit District, Long Beach Transit, Foothill Transit, 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. 1.5.  Section 640 of the Penal Code is amended to read:
   640.  (a) (1) Any of the acts described in paragraphs (1) to (5),
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) 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.
   (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.
   (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), the City and County of San
Francisco, the Los Angeles County Metropolitan Transportation
Authority, the Santa Clara Valley Transportation Authority, the
Sacramento Regional Transit District, Long Beach Transit, Foothill
Transit, and the Alameda-Contra Costa Transit District may enact and
enforce an ordinance providing that any of the acts described in
subdivision (b) or (c) on or in a facility or vehicle described in
subdivision (a) for which the City and County of San Francisco, the
Los Angeles County Metropolitan Transportation Authority, the Santa
Clara Valley Transportation Authority, the Sacramento Regional
Transit District, Long Beach Transit, Foothill Transit, 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.
   (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 leased or rented facility or vehicle for which any of the
entities described in paragraph (1) or (2) 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 (c) of Section 640 of the
Penal Code, the City and County of San Francisco, the Los Angeles
County Metropolitan Transportation Authority, the Santa Clara Valley
Transportation Authority, the Sacramento Regional Transit District,
Long Beach Transit, Foothill Transit, 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, the Los Angeles
County Metropolitan Transportation Authority, the Santa Clara Valley
Transportation Authority, the Sacramento Regional Transit District,
Long Beach Transit, Foothill Transit, 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, Long Beach Transit, or Foothill Transit 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 Santa Clara Valley Transportation Authority shall be
deposited in the general fund of the County of Santa Clara.
   (7) All fare evasion and passenger conduct violation penalties
collected by the Sacramento Regional Transit District shall be
deposited in the general fund of the County of Sacramento.
   (8) 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 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 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 City and County of San
Francisco, the Los Angeles County Metropolitan Transportation
Authority, the Santa Clara Valley Transportation Authority, the
Sacramento Regional Transit District, Long Beach Transit, Foothill
Transit, and the Alameda-Contra Costa Transit District 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.
  SEC. 3.  Section 99581 of the Public Utilities Code is amended to
read:
   99581.  (a) For a period of 21 calendar days from the issuance to
a person of the notice of fare evasion or passenger conduct
violation, the person may request an initial review of the violation
by the issuing agency. The request may be made by telephone, in
writing, or in person. There shall be no charge for this review. If,
following the initial review, the issuing agency is satisfied that
the violation did not occur or that extenuating circumstances make
dismissal of the administrative penalty appropriate in the interest
of justice, the issuing agency shall cancel the notice. The issuing
agency shall advise the processing agency, if any, of the
cancellation. The issuing agency or the processing agency shall mail
the results of the initial review to the person contesting the notice
and if following that review, cancellation of the notice does not
occur, the agency shall include a reason for that denial,
notification of the ability to request an administrative hearing, and
notice of the procedure adopted pursuant to subdivision (b) for
waiving prepayment of the penalty based upon inability to pay.
   (b) If the person is dissatisfied with the results of the initial
review, the person may request an administrative hearing of the
violation no later than 21 calendar days following the mailing of the
results of the issuing agency's initial review. The request may be
made by telephone, in writing, or in person. The person requesting an
administrative hearing shall deposit with the processing agency the
amount due under the notice for which the administrative hearing is
requested. The issuing agency shall adopt a written procedure to
allow a person to request an administrative hearing without payment
of the amount due upon satisfactory proof of an inability to pay the
amount due. An administrative hearing shall be held within 90
calendar days following the receipt of a request for an
administrative hearing, excluding time tolled pursuant to this
chapter. The person requesting the hearing may request one
continuance, not to exceed 21 calendar days.
   (c) The administrative hearing process shall include all of the
following:
   (1) The person requesting a hearing shall have the choice of a
hearing by mail or in person. An in-person hearing shall be conducted
within the jurisdiction of the issuing agency. If an issuing agency
contracts with a private vendor pursuant to paragraph (1) of
subdivision (c) of Section 99580, hearings shall be held within the
jurisdiction of the issuing agency.
   (2) The administrative hearing shall be conducted in accordance
with written procedures established by the issuing agency and
approved by the governing body or chief executive officer of the
issuing agency. The hearing shall provide an independent, objective,
fair, and impartial review of contested violations.
   (3) The administrative review shall be conducted before a hearing
officer designated to conduct the review by the issuing agency's
governing body or chief executive officer. In addition to any other
requirements of employment, a hearing officer shall demonstrate those
qualifications, training, and objectivity prescribed by the issuing
agency's governing body or chief executive as are necessary and which
are consistent with the duties and responsibilities set forth in
this chapter. The hearing officer's continued employment, performance
evaluation, compensation, and benefits shall not be directly or
indirectly linked to the amount of fare evasion or passenger conduct
violation penalties imposed by the hearing officer.
   (4) The person who issued the notice of fare evasion or passenger
conduct violation shall not be required to participate in an
administrative hearing. The issuing agency shall not be required to
produce any evidence other than the notice of fare evasion or
passenger conduct violation. The documentation in proper form shall
be prima facie evidence of the violation pursuant to paragraph (1) of
subdivision (d) of Section 99580.
   (5) The hearing officer's decision following the administrative
hearing may be personally delivered to the person by the hearing
officer or sent by first-class mail.
   (6) Following a determination by the hearing officer that a person
committed the violation, the hearing officer may allow payment of
the fare evasion or passenger conduct penalty in installments or
deferred payment if the person provides satisfactory evidence of an
inability to pay the fare evasion or passenger conduct penalty in
full. If authorized by the issuing agency, the hearing officer may
permit the performance of community service in lieu of payment of the
fare evasion or passenger conduct penalty.
  SEC. 4.  Section 1.5 of this bill incorporates amendments to
Section 640 of the Penal Code proposed by both this bill and AB 2324.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2011, (2) each bill amends
Section 640 of the Penal Code, and (3) this bill is enacted after AB
2324, in which case Section 1 of this bill shall not become
operative.