Amended in Assembly June 22, 2015

Amended in Senate April 16, 2015

Senate Bill No. 413

Introduced by Senator Wieckowski

February 25, 2015

An act to amend Section 640 of the Penal Code, and to amend Section 99580 of the Public Utilities Code, relating to public transit.

LEGISLATIVE COUNSEL’S DIGEST

SB 413, as amended, Wieckowski. Public transit: prohibited conduct.

Existing law makes it a crime, punishable as an infraction, for a person to commit certain acts on or in a facility or vehicle of a public transportation system, including disturbing another person by loud or unreasonable noise begin delete or selling or peddling any goods, merchandise, property, or services of any kind whatsoever end delete on the facilities, vehicles, or property of the public transportation system, in specified circumstances.

This bill would revise the unreasonable noise provision so that it would apply to a person failing to comply with the warning of a transit official related to disturbing another person by loud and unreasonable noise, and also to a person playing sound equipment on or in a public transportation system facility or vehicle. The bill would also make it an infraction for a person on or in a facility or vehicle of a public transportation system to fail to yield seating reserved for an elderly or disabled person begin insert if the public transportation agency enacts an ordinance to that effect, after a public hearing end insert . begin delete The bill would make a 3rd or subsequent violation of the prohibition against selling or peddling goods, merchandise, property, or services, as specified, punishable as a misdemeanor. end delete

The bill would also expand the definition of a facility or vehicle of a public transportation system for these purposes to include a facility or vehicle of a rail authority, whether owned or leased, as specified.

By expanding the definitions of existing crimes and creating new crimes, the bill would impose a state-mandated local program.

Existing law also authorizes a public transportation agency to adopt an ordinance to impose and enforce civil administrative penalties for certain passenger misconduct, other than by minors, on or in a transit facility or vehicle in lieu of the criminal penalties otherwise applicable, with specified administrative procedures for the imposition and enforcement of the administrative penalties, including an initial review and opportunity for a subsequent administrative hearing. Existing law requires the ordinance to include the statutory provisions governing the administrative penalties.

This bill would authorize these administrative penalties to also apply to a person failing to comply with the warning of a transit official related to disturbing another person by loud and unreasonable noise, and to a person failing to yield seating reserved for an elderly or disabled person. The bill would authorize the administrative penalties to be applied to minors and would delete the requirement for the ordinance to include the statutory provisions.

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 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. 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) Playing 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)  begin delete Failing to yield seating reserved for an elderly or disabled
person. end delete begin insert 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. end insert

(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.

begin delete

(4) 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.

end delete

(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), a public transportation
agency, as defined in paragraph (4) of subdivision (c) of Section
99580 of the Public Utilities Code, may begin delete enact end delete begin insert do either of the
following: end insert

begin insert (1) end insert begin insert   end insert begin insert Enact end insert 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.

begin insert

(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.

end insert

(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 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.

SEC. 2.  

Section 99580 of the Public Utilities Code is amended
to read:

99580.  

(a) Pursuant to subdivision (e) of Section 640 of the
Penal Code, a public transportation agency may enact and enforce
an ordinance to impose and enforce an administrative penalty for
any of the acts described in subdivision (b).

(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, or failing to comply with the warning of a transit official
related to disturbing another person by loud or unreasonable noise.

(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)  begin delete In the event that end delete begin insert If end insert 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.

(12) Selling or peddling any goods, merchandise, property, or
services of any kind whatsoever on the facilities, vehicles, or
property of the public transportation system without the express
written consent of the public transportation system or its duly
authorized representatives.

(13) Failing to yield seating reserved for an elderly or disabled
person.

(c) (1) The public transportation agency may contract with a
private vendor or governmental agency 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) For the purpose of this chapter, “public transportation
agency” shall mean a public agency that provides public
transportation as defined in paragraph (1) of subdivision (f) of
Section 1 of Article XIX A of the California Constitution.

(5) All fare evasion and passenger conduct violation penalties
collected pursuant to this chapter 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, after a notice of fare evasion or passenger conduct
violation is issued pursuant to this section, the issuing officer
determines that there is incorrect data on the notice, including, but
not limited to, the date or time, the issuing officer may indicate in
writing on a form attached to the original notice the necessary
correction to allow for the timely entry of the corrected notice on
the processing agency’s data system. A copy of the correction shall
be mailed to the address provided by the person cited at the time
the original notice of fare evasion or passenger conduct violation
was served.

(4) 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 public transportation agency
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.

(g) If an entity enacts an ordinance pursuant to this section it
shall, both two years and five years after enactment of the
ordinance, report all of the following information to the Senate
Committee on Transportation and Housing and the Assembly
Committee on Transportation:

(1) A description of the ordinance, including the circumstances
under which an alleged violator is afforded the opportunity to
complete the administrative process.

(2) The amount of the administrative penalties.

(3) The number and types of citations administered pursuant to
the ordinance.

(4) To the extent available, a comparison of the number and
types of citations administered pursuant to the ordinance with the
number and types of citations issued for similar offenses and
administered through the courts both in the two years prior to the
ordinance and, if any, since enactment of the ordinance.

(5) A discussion of the effect of the ordinance on passenger
behavior.

(6) A discussion of the effect of the ordinance on revenues to
the entity described in subdivision (a) and, in consultation with
the superior courts, the cost savings to the county courts. The
superior courts are encouraged to collaborate on and provide data
for this report.

SEC. 3.  

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.