BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 869


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          Date of Hearing:  April 6, 2015


                        ASSEMBLY COMMITTEE ON TRANSPORTATION


                                 Jim Frazier, Chair


          AB 869  
          (Cooper) - As Introduced February 26, 2015


          SUBJECT:  Public transportation agencies:  fare evasion and  
          prohibited conduct


          SUMMARY:  Authorizes a public transit district with a civil  
          adjudication procedure for minor transit-related offenses  
          committed by adults to instead pursue criminal penalties if a  
          person fails to pay the administrative penalty or successfully  
          complete the civil administrative process. Specifically, this  
          bill:  


          1)Prohibits a person who receives a notice of fare evasion or  
            passenger conduct violation from a transit agency from being  
            charged with an infraction or misdemeanor if the person pays  
            the administrative penalty when due or successfully completes  
            the civil administrative process.


          2)Authorizes a person who fails to pay the administrative  
            penalty when due or successfully complete the civil  
            administrative process to be charged with an infraction or  
            misdemeanor.


          3)Requires a notice of fare evasion or passenger conduct  








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            violation to include a printed statement that the person may  
            be charged with an infraction or misdemeanor if the  
            administrative penalty is not paid when due or dismissed  
            pursuant to the procedure for contesting the notice.


          EXISTING LAW:  


          1)Makes it a criminal infraction for a person to engage in any  
            of the following activities in a public transit vehicle or  
            facility:


             a)   Fare evasion.


             b)   Misuse of a transfer, pass, ticket, or token with the  
               intent to evade the payment of a fare.


             c)   Disturbing another person by loud or unreasonable noise.


             d)   Smoking, eating, or drinking where those activities are  
               prohibited by the transit provider.


             e)   Expectorating.


             f)   Willfully disturbing others by engaging in boisterous or  
               unruly behavior.


             g)   Carrying an explosive or acid, flammable liquid, or  
               toxic or hazardous material.










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             h)   Urinating or defecating except in a lavatory. 


             i)   Willfully blocking the free movement of another person  
               unless permitted by First Amendment rights.


             j)   Skateboarding, roller skating, bicycle riding,  
               rollerblading, or operating a motorized scooter, except as  
               necessary for utilization of the transit facility by a  
               bicyclist.


             aa)  Unauthorized use of a discount ticket or failure to  
               present acceptable proof of eligibility to use a discount  
               ticket.


             bb)  Selling goods or services if those activities are  
               prohibited by the transit provider.


             cc)  Willfully tampering with, removing, displacing,  
               injuring, or destroying part of a transit vehicle or  
               facility.


          2)Authorizes transit agencies to adopt civil adjudication  
            procedures and impose and enforce administrative penalties for  
            any of the above-listed offenses that are committed by adults.  



          3)Allows transit agencies to set their own administrative  
            penalty amounts but prohibits the amounts from exceeding the  
            maximum statutory criminal penalties for the same offenses.


          4)Prohibits a person who receives a notice of fare evasion or  








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            passenger conduct violation from a transit agency from also  
            being cited for a criminal infraction for the same offense.


          FISCAL EFFECT:  Unknown


          COMMENTS:  Penal Code Section 640 makes it a criminal infraction  
          for a person to engage in a variety of specified activities in a  
          transit vehicle or facility.  The standard process for enforcing  
          these criminal infractions is for the transit officer citing the  
          offense to give the alleged violator a citation with a court  
          date, which the alleged violator signs promising to appear.  The  
          court later sends a notice to the alleged violator, reminding  
          him or her of the court date, listing the bail amount, and  
          stating that he or she must appear unless the bail is paid.  On  
          the day the case is set for a hearing in court, the defendant  
          enters a plea.  If the plea is "guilty" or "no contest," the  
          judge or magistrate fixes the penalty amount.  If the plea is  
          "not guilty," the court generally assigns a later trial date.   
          At the trial, the officer is subpoenaed and must appear.  In  
          some counties, the defendant may enter a plea with the court  
          clerk or even online, instead of in court.  In some counties,  
          the plea hearing and trial may be held at the same time.  


          State law generally provides that these criminal offenses are  
          punishable by a maximum base fine not to exceed $250 (which  
          becomes $950 when mandatory assessments are added on) and 48  
          hours of community service for the first and second offense.   
          The judges in each county, however, set the bail schedule  
          annually.  In Los Angeles County, the actual base fines range  
          from $25 for a first offense to $100 for repeated offenses for  
          most violations and from $100 to $250 for defecating/urinating  
          and carrying explosives. 


          Rather than citing alleged violators under Penal Code Section  
          640, public transit agencies have the option to adopt and impose  








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          an administrative process for adjudicating offenses committed by  
          adults that is similar to the process for issuing and enforcing  
          parking tickets.  The issuing officer serves the alleged  
          violator with a "notice of fare evasion or passenger misconduct  
          violation," which includes the date, time, location, and nature  
          of the violation; the administrative penalty amount; the date by  
          which the penalty must be paid; and the process for contesting  
          the citation. Transit agencies may set their own fines, which by  
          law cannot exceed the maximum base fine established for the  
          offense under Penal Code Section 640.  Under an administrative  
          process, transit agencies have the flexibility to establish  
          diversion programs to address repeat offenders. 


          Under current law, a transit agency can cite an alleged violator  
          either under its administrative process, if it has established  
          one, or under Penal Code 640.  This bill would allow transit  
          agencies to first cite an alleged violator under an  
          administrative process but then switch to the criminal process  
          under Penal Code Section 640 if the alleged violator fails to  
          pay the fine or otherwise complete the administrative process.  
          This bill requires the original notice of fare evasion or  
          passenger conduct violation to include a printed statement that  
          the person may be charged with an infraction or misdemeanor if  
          he or she fails to pay the fine when due or complete the  
          administrative process. An individual could not be cited under  
          an administrative process and Penal Code Section 640 at the same  
          time, but rather this bill would give the option of escalating  
          to a Penal Code Section 640 citation if the administrative  
          process fails to resolve the matter.


          An administrative process for dealing with minor transit  
          offenses can be beneficial to both individuals who receive  
          citations and to the local courts.  For cited individuals, the  
          cost is far lower because an administrative fine does not  
          include all of the additional fees and assessments that are  
          added on to the base fine in a criminal proceeding.  In  
          addition, an administrative process may include diversion  








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          programs or other options for chronic violators who are unable  
          to pay their fines.  Removing these minor matters from the local  
          court system saves money and frees up time and resources to  
          address more serious offenses.  


          The sponsor of the bill, the Sacramento Regional Transit  
          District (RT) would like to adopt an administrative process to  
          address fare evasion and other minor offenses but feels that the  
          existing statute needs this change in order to make the process  
          work effectively.  RT believes that there is likely to be  
          greater compliance with the administrative process if  
          individuals who receive citations are aware that their case  
          could end up as a more costly criminal matter if they fail to  
          pay the administrative fine or otherwise complete the  
          administrative process.  Greater compliance with an  
          administrative process will greatly benefit the Sacramento  
          County Superior Court, which is currently overburdened with fare  
          evasion citations and other minor transit-related citations. 


          Proposed Amendments: In order to ensure that an individual  
          cannot be subject to both administrative and criminal fines for  
          the same offense and promote due process, the author may wish to  
          amend the bill to:


          1)Clarify that the administrative process must be closed (i.e.  
            the transit agency can make no further attempts at collecting  
            the fine) once an individual has been cited under Penal Code  
            Section 640.


          2)Clarify that the transit agency must provide proper notice to  
            an individual that he or she is no longer subject to the  
            administrative process and is now being cited for an  
            infraction or a misdemeanor pursuant to Penal Code Section  
            640.









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          REGISTERED SUPPORT / OPPOSITION:




          Support


          Sacramento Regional Transit District


          California Conference Board of the Amalgamated Transit Union




          Opposition


          None on file




          Analysis Prepared by:Anya Lawler / TRANS. / (916) 319-2093