BILL NUMBER: AB 716	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 12, 2011

INTRODUCED BY   Assembly Member Dickinson

                        FEBRUARY 17, 2011

   An act to amend  Section 369i of the Penal Code, and to amend
 Sections 99171 and 99172 of, and to amend and repeal Section
102122 of, the Public Utilities Code, relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 716, as amended, Dickinson. Transit districts: prohibition
orders: Sacramento Regional Transit District: Fresno Area Express.

   (1) Existing law makes a person guilty of a misdemeanor if the
person enters or remains upon any rail transit related property, as
defined, owned or operated by a county transportation commission or
transportation authority without permission or whose entry, presence,
or conduct upon the property interferes with, interrupts, or hinders
the safe and efficient operation of the railine or rail-related
facility.  
   This bill would instead make it a misdemeanor if a person enters
or remains upon any transit related property, as defined, that is
used to provide public transportation by rail or passenger bus,
without permission or whose entry, presence, or conduct upon the
property interferes with, interrupts, or hinders the safe and
efficient operation of the railine or rail-related or transit-related
facility.  
    Existing 
    (2)     Existing  law prohibits
certain acts by a person with respect to the property, facilities, or
vehicles of a transit district. A violation is an infraction
punishable by a fine not exceeding $75 on a first offense, or a fine
not exceeding $250 or by community service on a subsequent offense.
    Existing law, until January 1, 2012, authorizes the Sacramento
Regional Transit District and the Fresno Area Express to issue a
prohibition order to any person cited for committing one or more of
certain prohibited acts in specified transit facilities  ,
including, among other things, if a person has been cited on at least
3 separate occasions, within a period of 60 days, for specified
infractions committed in or on a vehicle,   bus stop, or
light rail station of the transit district  . Existing law
prohibits a person subject to a prohibition order from entering the
property, facilities, or vehicles of the transit district for
specified periods of time up to one year. Existing law establishes
notice requirements in that regard and provides for initial and
administrative review of the order.
   Existing law provides for creation of the Sacramento Regional
Transit District, with specified powers and duties relative to
operation of public transit services in its service area. Existing
law authorizes the board of the district to designate persons
regularly employed by the district as inspectors or supervisors with
specified authority to enforce district ordinances and specified
state laws, and sets forth the procedures to be followed in that
regard. Existing law, until January 1, 2012, expands the authority of
the persons designated by the board to incorporate additional
procedures relating to arrest and issuance of citations.
   This bill would remove the January 1, 2012, repeal date for these
provisions and would make these provisions operative indefinitely.
 The bill would authorize the Sacramento Regional Transit
District and the Fresno Area Express to issue a prohibition order to
a person who has been cited on at least 3 separate occasions, within
a period of 90 days, for specified infractions committed in or on a
vehicle, bus stop, or light rail station of the transit district.
 
   A 
    (3)    A  violation of a prohibition
order is punishable as an infraction. By extending the operative
period of a crime,  and by expanding the scope of existing
crimes,  the bill would impose a state-mandated local program.
   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 369i of the   Penal
Code   is amended to read: 
   369i.  (a) Any person who enters or remains upon the property of
any railroad without the permission of the owner of the land, the
owner's agent, or the person in lawful possession and whose entry,
presence, or conduct upon the property interferes with, interrupts,
or hinders, or which, if allowed to continue, would interfere with,
interrupt, or hinder the safe and efficient operation of any
locomotive, railway car, or train is guilty of a misdemeanor.
   As used in this subdivision, "property of any railroad" means any
land owned, leased, or possessed by a railroad upon which is placed a
railroad track and the land immediately adjacent thereto, to the
distance of 20 feet on either side of the track, which is owned,
leased, or possessed by a railroad.
   (b) Any person who enters or remains upon any  rail
 transit related property  owned or operated by a
county transportation commission or transportation authority
 without permission or whose entry, presence, or conduct
upon the property interferes with, interrupts, or hinders the safe
and efficient operation of the railine or rail-related  or
transit-related  facility is guilty of a misdemeanor.
   As used in this subdivision,  "rail transit  
"transit  related property" means any land  or
  ,  facilities  , or vehicles  owned,
leased, or possessed by a county transportation commission 
or   ,  transportation authority  , or transit
district, as defined in Section 99170 of the Public Utilities Code,
that is used to provide public transportation by rail or passenger
bus or is related to that use  .
   (c) This section does not prohibit picketing in the immediately
adjacent area of the property of any railroad or rail transit related
property or any lawful activity by which the public is informed of
the existence of an alleged labor dispute.
   SECTION 1.   SEC. 2.   Section 99171 of
the Public Utilities Code is amended to read:
   99171.  (a) (1) A transit district may issue a prohibition order
to any person to whom either of the following applies:
   (A) On at least three separate occasions within a period of
 60   90  consecutive days, the person is
cited for an infraction committed in or on a vehicle, bus stop, or
light rail station of the transit district for any act that is a
violation of paragraph (2) or (5) of subdivision (a) of Section 99170
of this code or paragraph (6), (7), (8), or (9) of subdivision (b)
of Section 640 or Section 640.5 of the Penal Code.
   (B) The person is arrested or convicted for a misdemeanor or
felony committed in or on a vehicle, bus stop, or light rail station
of the transit district for acts involving violence, threats of
violence, lewd or lascivious behavior, or possession for sale or sale
of a controlled substance.
   (C) The person is convicted of a violation of Section 11532 of the
Health and Safety Code or Section 653.22 of the Penal Code.
   (2) A person subject to a prohibition order may not enter the
property, facilities, or vehicles of the transit district for a
period of time deemed appropriate by the transit district, provided
that the duration of a prohibition order shall not exceed the
following, as applicable:
   (A) Thirty days if issued pursuant to subparagraph (A) of
paragraph (1), provided that a second prohibition order within one
year may not exceed 90 days, and a third or subsequent prohibition
order within one year may not exceed 180 days.
   (B) Thirty days if issued pursuant to an arrest pursuant to
subparagraph (B) of paragraph (1). Upon conviction of a misdemeanor
offense, the duration of the prohibition order for the conviction,
when added to the duration of the prohibition order for the initial
arrest, if any, may not exceed 180 days. Upon conviction of a felony
offense, the duration of the prohibition order for the conviction,
when added to the duration of the prohibition order for the initial
arrest, if any, may not exceed one year.
   (3) No prohibition order issued under this subdivision shall be
effective unless the transit district first affords the person an
opportunity to contest the transit district's proposed action in
accordance with procedures adopted by the transit district for this
purpose. A transit district's procedures shall provide, at a minimum,
for the notice and other protections set forth in subdivisions (b)
and (c), and the transit district shall provide reasonable
notification to the public of the availability of those procedures.
   (b) (1) A notice of a prohibition order issued under subdivision
(a) shall set forth a description of the conduct underlying the
violation or violations giving rise to the prohibition order,
including reference to the applicable statutory provision, ordinance,
or transit district rule violated, the date of the violation, the
approximate time of the violation, the location where the violation
occurred, the period of the proposed prohibition, and the scope of
the prohibition. The notice shall include a clear and conspicuous
statement indicating the procedure for contesting the prohibition
order. The notice of prohibition order shall be personally served
upon the violator. The notice of prohibition order, or a copy, shall
be considered a record kept in the ordinary course of business of the
transit district and shall be prima facie evidence of the facts
contained in the notice establishing a rebuttable presumption
affecting the burden of producing evidence. For purposes of this
paragraph, "clear and conspicuous" means in larger type than the
surrounding text, or in contrasting type, font, or color to the
surrounding text of the same size, or set off from the surrounding
text of the same size by symbols or other marks that call attention
to the language.
   (2) For purposes of this section, "personal service" means any of
the following:
   (A) In-person delivery.
   (B) Delivery by any form of mail providing for delivery
confirmation, postage prepaid, to at least one address provided by
the person being served, including, but not limited to, the address
set forth in any citation or in court records.
   (C) Any alternate method approved in writing by the transit
district and the person being served.
   (3) If a person served with a notice of prohibition order is not
able, or refuses, to provide a mailing address, the notice of
prohibition order shall set forth the procedure for obtaining any
letters, notices, or orders related to the prohibition order from the
administrative offices of the transit district. For purposes of this
section, delivery shall be deemed to have been made on the following
date, as applicable:
   (A) On the date of delivery, if delivered in person.
   (B) On the date of confirmed delivery, for any delivery by mail.
   (C) For any alternate method of service, as provided in the
writing specifying the alternate method.
   (4) Proof of service of the notice shall be filed with the transit
district.
   (5) If a person contests a notice of prohibition order, the
transit district shall proceed in accordance with subdivision (c). If
the notice of prohibition order is not contested within 10 calendar
days after delivery by personal service, the prohibition order shall
be deemed final and shall go into effect, without further action by
the transit district, for the period of time set forth in the order.
   (6) All prohibition orders shall be subject to an automatic stay
and shall not take effect until the latest of the following:
   (A) Eleven calendar days after delivery of the prohibition order
by personal service.
   (B) If an initial review is timely requested under paragraph (1)
of subdivision (c), 11 calendar days after delivery by personal
service of the results of the review.
   (C) If an administrative hearing is timely requested under
paragraph (3) of subdivision (c), the date the hearing officer's
decision is delivered by personal service.
   (c) (1) For a period of 10 calendar days from the delivery of the
prohibition order by personal service, the person may request an
initial review of the prohibition order by the transit district. The
request may be made by telephone, in writing, or in person. There
shall be no charge for this review. In conducting its review and
reaching a determination, the transit district shall determine
whether the prohibition order meets the requirements of subdivision
(a) and, unless the person has been convicted of the offense or
offenses, whether the offense or offenses for which the person was
cited or arrested are proven by a preponderance of the evidence. If,
following the initial review, based on these findings, the transit
district determines that the prohibition order is not adequately
supported or that extenuating circumstances make dismissal of the
prohibition order appropriate in the interest of justice, the transit
district shall cancel the notice. If, following the initial review,
based on these findings, the transit district determines that the
prohibition order should be upheld in whole or in part, the transit
district shall issue a written statement to that effect, including
any modification to the period or scope of the prohibition order. The
transit district shall serve the results of the initial review to
the person contesting the notice by personal service.
   (2) The transit district may modify or cancel a prohibition order
in the interest of justice. The transit district shall cancel a
prohibition order if it determines that the person did not understand
the nature and extent of his or her actions or did not have the
ability to control his or her actions. If the person is dependent
upon the transit system for trips of necessity, including, but not
limited to, travel to or from medical or legal appointments, school
or training classes, places of employment, or obtaining food,
clothing, and necessary household items, the transit district shall
modify a prohibition order to allow for those trips. A person
requesting a cancellation or modification in the interest of justice
shall have the burden of establishing the qualifying circumstances by
a preponderance of the evidence.
   (3) If the person is dissatisfied with the results of the initial
review, the person may request an administrative hearing of the
prohibition order no later than 10 calendar days after the results of
the initial review are delivered by personal service. The request
may be made by telephone, in writing, or in person. An administrative
hearing shall be held within 30 calendar days after the receipt of a
request for an administrative hearing. The person requesting the
hearing may request one continuance, not to exceed seven calendar
days.
   (4) The administrative hearing process shall include all of the
following:
   (A) The person requesting the 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 transit district.
   (B) The administrative hearing shall be conducted in accordance
with written procedures established by the transit district and
approved by the governing body or chief executive officer of the
transit district. The hearing shall provide an independent,
objective, fair, and impartial review of the prohibition order.
   (C) The administrative review shall be conducted before a hearing
officer designated to conduct the review by the transit district's
governing body or chief executive officer. In addition to any other
requirements, a hearing officer shall demonstrate the qualifications,
training, and objectivity prescribed by the transit agency's
governing body or chief executive officer as are necessary to fulfill
and that are consistent with the duties and responsibilities set
forth in this subdivision. The hearing officer's continued service,
performance evaluation, compensation, and benefits, as applicable,
shall not be directly or indirectly linked to the number of
prohibition orders upheld by the hearing officer.
   (D) The person who issued the notice of prohibition order shall
not be required to participate in an administrative hearing, unless
participation is requested by the person requesting the hearing. The
request for participation must be made at least five calendar days
prior to the date of the hearing and may be made by telephone, in
writing, or in person. The notice of prohibition order, in proper
form, shall be prima facie evidence of the violation or violations
pursuant to subdivision (a) establishing a rebuttable presumption
affecting the burden of producing evidence.
   (E) In issuing a decision, the hearing officer shall determine
whether the prohibition order meets the requirements of subdivision
(a) and, unless the person has been convicted of the offense or
offenses, whether the offense or offenses for which the person was
cited or arrested are proven by a preponderance of the evidence.
Based upon these findings, the hearing officer may uphold the
prohibition order in whole, determine that the prohibition order is
not adequately supported, or cancel or modify the prohibition order
in the interest of justice. The hearing officer shall cancel a
prohibition order if he or she determines that the person did not
understand the nature and extent of his or her actions or did not
have the ability to control his or her actions. If the person is
dependent upon the transit system for trips of necessity, including,
but not limited to, travel to or from medical or legal appointments,
school or training classes, places of employment, or obtaining food,
clothing, and necessary household items, the transit district shall
modify a prohibition order to allow for those trips. A person
requesting a cancellation or modification in the interest of justice
shall have the burden of establishing the qualifying circumstances by
a preponderance of the evidence.
   (F) The hearing officer's decision following the administrative
hearing shall be delivered by personal service.
   (G) A person aggrieved by the final decision of the hearing
officer may seek judicial review of the decision within 90 days of
the date of delivery of the decision by personal service, as provided
by Section 1094.6 of the Code of Civil Procedure.
   (d) A person issued a prohibition order under subdivision (a) may,
within 10 calendar days of the date the order goes into effect under
paragraph (6) of subdivision (b), request a refund for any prepaid
fare media rendered unusable in whole or in part by the prohibition
order, including, but not limited to, monthly passes. If the fare
media remain usable for one or more days outside the period of the
prohibition order, the refund shall be prorated based on the number
of days the fare media will be unusable. The issuance of a refund may
be made contingent on surrender of the fare media.
   (e) For purposes of this section "transit district" means the
Sacramento Regional Transit District or the Fresno Area Express.
   SEC. 2.   SEC. 3.   Section 99172 of the
Public Utilities Code is amended to read:
   99172.  (a) Prior to exercising the authority given in subdivision
(a) of Section 99171 to issue prohibition orders, a transit district
shall do all of the following:
   (1) Establish an advisory committee for the purpose of evaluating
the procedures for and issuance of prohibition orders and
recommending a course of training for personnel charged with issuance
and enforcement of prohibition orders.
   (2) Ensure that personnel to be charged with issuance and
enforcement of prohibition orders have received training as
recommended by the advisory committee.
   (3) Provide reasonable notification to transit district riders
that persons who  engaged   engage  in
disorderly conduct may be subject to a prohibition order barring the
person from the transit district's property, facilities, or vehicles
for a period of up to one year. "Reasonable notification" may
include, but is not limited to, information on the transit district's
Internet Web site, in written materials, at transit stations  ,
 and on citations issued by the transit district of the types of
conduct that may result in issuance of a prohibition order.
   (b) The advisory committee shall be composed of at least five
members appointed by the legislative body of the transit district. At
least one of the members of the advisory committee shall have
experience working with individuals with psychiatric, developmental,
or other disabilities and at least one member shall be a youth
advocate.
   (c) The advisory committee shall be tasked, at a minimum, with all
of the following:
   (1) Providing recommendations, in consultation with the county
mental health director within the service area of the transit
district, regarding the type and extent of training that should be
undertaken by individuals with responsibility for issuance and
enforcement of prohibition orders, with particular emphasis on
training designed to assist those individuals in identifying and
interacting with persons who are homeless or who have psychiatric,
developmental, or other disabilities.
   (2) Identifying, in consultation with the county mental health
director within the service area of the transit district, services
and programs to which persons who are homeless or who have
psychiatric, developmental, or other disabilities may be referred by
transit district enforcement personnel prior to or in conjunction
with issuance of a prohibition order.
   (3) Monitoring the issuance of prohibition orders to assist the
transit district in ensuring compliance with Section 51 of the Civil
Code.
   (4) Providing the governing board of the transit district and the
Legislature with an annual report summarizing the number of
prohibition orders that were issued by the transit district during
the preceding year, including, but not limited to, the types and
numbers of citations by category, and the number of exclusion orders
appealed, the appeals granted, the reasons granted, and other
relevant information directly related to those orders.
   (d) The transit district may use an existing advisory committee to
fulfill the requirements of this section, provided that the
composition and purpose of the existing advisory committee meet or
are modified to meet the requirements of this section. 
   (e) Any person violating a prohibition order issued pursuant to
subdivision (a) of Section 99171 is guilty of a misdemeanor as
provided under Section 369i of the Penal Code.  
   (e) 
    (f)  For purposes of this section "transit district"
means the Sacramento Regional Transit District or the Fresno Area
Express.
   SEC. 3.   SEC. 4.   Section 102122 of
the Public Utilities Code, as amended by Section 3 of Chapter 528 of
the Statutes of 2008, is amended to read:
   102122.  (a) The board of directors may adopt ordinances that do
any of the following:
   (1) Prohibit persons from knowingly giving false identification to
a district employee engaged in the enforcement of district
ordinances or state laws, or otherwise obstructing the issuance of a
citation for violation of district ordinances or state law.
   (2) Prohibit unauthorized operation of, interference with, entry
into, climbing upon, attaching to, or loitering on or in transit
facilities or other transit property.
   (3) Prohibit the removal, displacement, injury, destruction, or
obstruction of any part of any track, switch, turnout, bridge,
culvert, or any other district structure or fixture.
   (4) Specify conditions under which a passenger may board a
district vehicle with a bicycle and where the bicycle may be stowed.
   (b) The board may provide that a violation of any ordinance
adopted pursuant to subdivision (a) is an infraction punishable by a
fine not exceeding seventy-five dollars ($75), and that a violation
by a person after the second conviction is 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 which do not conflict with the violator's hours of school
attendance or employment.
   (c) The board may designate persons regularly employed by the
district as inspectors or supervisors whose duties shall include
enforcement of district ordinances adopted under subdivision (a),
Sections 640 and 640.5 of the Penal Code, and Section 22656 of the
Vehicle Code. The designated persons shall have the authority to
arrest and to issue citations for misdemeanors and infractions as set
forth in Sections 836.5 and 853.5 of the Penal Code, but shall not
have authority to make custodial arrests.
   (d) This section does not prohibit any person from engaging in
activities that are protected under the laws of the United States or
of California, including, but not limited to, picketing,
demonstrating, or distributing handbills.
   SEC. 4.   SEC. 5.   Section 102122 of
the Public Utilities Code, as added by Section 4 of Chapter 528 of
the Statutes of 2008, is repealed.
   SEC. 5.   SEC. 6.   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.