BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 716|
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                                 THIRD READING


          Bill No:  AB 716
          Author:   Dickinson (D), et al
          Amended:  8/18/11 in Senate
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  7-0, 6/21/11
          AYES:  DeSaulnier, Gaines, Huff, Kehoe, Lowenthal, Rubio, 
            Simitian
          NO VOTE RECORDED:  Harman, Pavley

           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 7/5/11
          AYES:  Hancock, Anderson, Calderon, Harman, Liu, Price, 
            Steinberg

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR :  66-8, 5/19/11 - See last page for vote


           SUBJECT  :    Transit districts:  prohibition orders

           SOURCE  :     Sacramento Regional Transit District


           DIGEST  :    This bill eliminates the sunset date on the law 
          that allows Sacramento Regional Transit and Fresno Area 
          Express to issue prohibition orders banning persons from 
          entering district property for determined periods of time 
          for specified offenses, and adds the San Francisco Bay Area 
          Rapid Transit District, until January 1, 2015, to the 
          program.

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           Senate Floor Amendments  of 8/18/11 specify that one of the 
          five members of the currently required advisory committee 
          on policies and procedures regarding prohibition orders be 
          a person with some law enforcement experience.

           ANALYSIS  :    SB 1561 (Steinberg), Chapter 528, Statutes of 
          2008 allows Sacramento Regional Transit (RT) and Fresno 
          Area Express (FAX), until January 1, 2012, to issue 
          prohibition orders banning persons from entering the 
          property, facilities, or vehicles of the transit district 
          for determined periods of time for specified offenses.  
          Specifically, existing law allows RT and FAX to issue a 
          prohibition order to a person who has been cited on at 
          least three separate occasions within a period of 60 days 
          for any of the following infractions committed in or on a 
          transit vehicle, bus stop, or station of the transit 
          district:

           Interfering with the operator or operation of a transit 
            vehicle, or impeding the safe boarding or alighting of 
            passengers.

           Committing any act or engaging in any behavior that may, 
            with reasonable foreseeability, cause harm or injury to 
            any person or property.

           Willfully disturbing others on or in a transit facility 
            or vehicle by engaging in boisterous or unruly behavior.

           Carrying an explosive or acid, flammable liquid, or toxic 
            or hazardous material in a public transit facility or 
            vehicle.

           Urinating or defecating in a transit facility or vehicle, 
            except in a lavatory. 

           Willfully blocking the free movement of another person in 
            a transit facility or vehicle. 

           Defacing with graffiti the interior or exterior of the 
            facilities or vehicles of a public transportation system. 
             

          Existing law also allows RT and FAX to issue a prohibition 

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          order to a person who has been arrested or convicted once 
          for any of the following misdemeanors or felonies committed 
          in or on a vehicle, bus stop, or station of the transit 
          district:

           Acts involving violence, threats of violence, lewd or 
            lascivious behavior, or possession or sale of any illegal 
            substance.

           Loitering with the intent to engage in drug-related 
            activity.

           Loitering with the intent to commit prostitution.

          The maximum duration of a prohibition order is as follows:

           30 days for a first order, 90 days for a second order 
            within one year, and 180 days for a third order within 
            one year related to infractions.

           30 days if issued pursuant to an arrest for a misdemeanor 
            or felony offense.  Upon conviction for the offense the 
            order may be extended to a total of 180 days for a 
            misdemeanor and one year for a felony.

          A prohibition order is effective eleven days after delivery 
          is deemed complete unless the person contests the proposed 
          order within 10 days in accordance with procedures adopted 
          by the transit district.  The procedures must include, 
          among other things, an opportunity to request an initial 
          review and the opportunity, if the person is dissatisfied 
          with the results of the initial review, to request an 
          administrative hearing.  The hearing must provide an 
          independent, objective, fair, and impartial review of the 
          prohibition order, and the hearing officer's employment and 
          compensation may not be directly or indirectly linked to 
          the number of prohibition orders upheld.  If the transit 
          district or hearing officer 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, 
          the prohibition order shall be canceled.  If the person is 
          dependent upon the transit system for trips of necessity, 
          including travel to or from medical or legal appointments, 
          school or training classes, places of employment, or 

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          obtaining food, clothing, and necessary household items, 
          the transit district or hearing officer must modify the 
          prohibition order to allow for those trips.  If the person 
          is dissatisfied with the result of the administrative 
          hearing, he or she may seek judicial review of the 
          administrative hearing decision within 90 days.

          Prior to implementing the prohibition order program, the 
          transit district must establish an advisory commission that 
          is tasked, among other things, with monitoring the issuance 
          of prohibition orders to ensure compliance with 
          anti-discrimination laws and with providing the governing 
          board of the transit district and the Legislature with an 
          annual report on the program.

          Separate from the SB 1561 provisions, current law makes it 
          a misdemeanor for a person to enter or remain upon without 
          permission any rail transit related property owned or 
          operated by a county transportation commission or 
          transportation authority or for a person to interfere with, 
          interrupt, or hinder the safe and efficient operation of 
          the rail-related facility.

          Existing law also provides generally that a peace officer, 
          when arresting a person for an infraction, may only require 
          the arrestee to present his or her driver's license or 
          identification for examination and to sign a written 
          promise to appear.  Until January 1, 2012, a transit 
          district inspector or supervisor whose duties include 
          enforcement of district ordinances may arrest and issue 
          citations pursuant to the peace officer provisions but may 
          not make custodial arrests.

          This bill:

          1.Eliminates the sunset on the law described above that 
            allows RT and FAX to issue prohibition orders banning 
            persons from entering district property for determined 
            periods of time for specified offenses.

          2.Grants, until January 1, 2015, the same authority to Bay 
            Area Rapid Transit District to issue such prohibition 
            orders. 


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          3.Allows a transit district to issue a prohibition order to 
            a person who has been cited on at least three separate 
            occasions within a period of 90 days, as opposed to 60 
            days, for specified infractions committed in or on a 
            vehicle, bus stop, or station of the transit district.

          4.Expands the current prohibition on trespassing or 
            interfering with safe operation of a train on rail 
            transit-related properties to include all transit-related 
            property or vehicles.

          5.Removes the sunset on the provision of law authorizing 
            the Sacramento RT board to enact ordinances, punishable 
            as infractions, prohibiting: 

             A.   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.

             B.   Unauthorized operation of, interference with, 
               entry into, climbing upon, attaching to, or 
               loitering on or in transit facilities or other 
               transit property.

             C.   The removal, displacement, injury, destruction, 
               or obstruction of any part of any track, switch, 
               turnout, bridge, culvert, or any other district 
               structure or fixture.

             D.   Specifying conditions under which a passenger may 
               board a district vehicle with a bicycle and where 
               the bicycle may be stowed.

             E.   This provision authorizes the board to provide 
               that a violation of any such ordinance adopted is an 
               infraction punishable by a fine not exceeding $75, 
               and that a violation by a person after the second 
               conviction is punishable by a fine not to exceed 
               $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.

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          6.Recasts provisions in current law allowing Sacramento RT 
            District inspectors or supervisors whose duties include 
            enforcement of district ordinances to issue citations for 
            specified infractions and any ordinance adopted by the 
            district, and requires those persons to receive specified 
            training appropriate to those duties.

          7.Specifies that one of the five members of the currently 
            required advisory committee on policies and procedures 
            regarding prohibition orders be a person with some law 
            enforcement experience.

          8.Makes other technical, non-substantive changes to update 
            cross-references to recently amended code sections.

           Background
           
           Reports on Existing Programs  .  In its recent annual report, 
          RT indicates that it issued nine prohibition orders based 
          on misdemeanor or felony arrests between October 1, 2009 
          and October 31, 2010.   None of the alleged violators 
          contested the order.  In addition, RT issued 129 
          infractions over this same period for violations on the 
          list of infractions eligible for a prohibition order.  The 
          top three violations included:  

           Willfully disturbing others on or in a system facility or 
            vehicle by engaging in boisterous or unruly behavior 
            (59%).  

           Urinating or defecating in a system facility, except in a 
            lavatory (17%).  

           Interfering with the operator of the transit vehicle and 
            impeding the safe boarding or alighting of passengers 
            (12%).

          None of the cited offenders repeated the violations three 
          or more times within the 60 day period.  

          FAX began implement its exclusion order program on February 
          1, 2010.  In its annual report for 2010, FAX stated that it 
          has issued 26 prohibition orders, all for misdemeanor and 

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          felony acts, with over half relating to battery of public 
          transit employee or passenger.  None of the orders was 
          appealed, however FAX modified three orders and dismissed 
          two.  In the cover letter accompanying the report, FAX 
          states, "It is very apparent to us that this law has helped 
          reduce some of the behavioral issues aboard FAX buses."

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

           SUPPORT  :   (Verified  8/15/11)

          Sacramento Regional Transit District (source)
          California Transit Association
          City of Fresno
          Ridership for the Masses
          Sacramento Area Council of Governments
          San Francisco Bay Area Rapid Transit District
          Santa Clara Valley Transportation Authority

           ARGUMENTS IN SUPPORT  :    According to the author, "ÝO]ver 
          the years RT has received a high number of complaints from 
          rider regarding the safety of RT vehicles, parking lots, 
          and passenger waiting areas.  To encourage ridership and to 
          reduce emissions associated with daily commuting, potential 
          passengers need to feel that transit services are a safe 
          alternative to driving.  SB 1561 allowed RT and FAX to 
          exclude passengers cited for certain offenses, helping to 
          reduce passenger disruptions and improve overall service. . 
          . .ÝT]he Legislature should make the program permanent and 
          improve the program by authorizing prohibition orders for 
          repeat offenses over a longer period of time and, most 
          importantly, creating a consequence for failure to obey a 
          prohibition order."


           ASSEMBLY FLOOR  :  66-8, 5/19/11
          AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Block, 
            Blumenfield, Bonilla, Bradford, Brownley, Buchanan, 
            Butler, Charles Calderon, Campos, Carter, Cedillo, 
            Chesbro, Conway, Cook, Davis, Dickinson, Eng, Feuer, 
            Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, 
            Gatto, Gordon, Halderman, Hall, Harkey, Hayashi, Roger 
            Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, 

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            Lara, Bonnie Lowenthal, Mendoza, Miller, Mitchell, 
            Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel 
            Pérez, Portantino, Silva, Skinner, Smyth, Solorio, 
            Swanson, Torres, Valadao, Wieckowski, Williams, Yamada, 
            John A. Pérez
          NOES: Bill Berryhill, Donnelly, Grove, Hagman, Knight, 
            Mansoor, Morrell, Wagner
          NO VOTE RECORDED: Alejo, Garrick, Gorell, Logue, Ma, 
            Monning


          JJA:do  8/18/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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