Senate Bill No. 882

Introduced by Senator Hertzberg

January 15, 2016

An act to amend Section 640 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

SB 882, as introduced, Hertzberg. Crimes: public transportation: minors.

Existing law makes it an infraction or a misdemeanor to evade the payment of a fare on a public transit system, to misuse a transfer, pass, ticket, or token with the intent to evade the payment of a fare, or to use a discount ticket without authorization or fail to present, upon request from a transit system representative, acceptable proof of eligibility to use a discount ticket.

This bill would prohibit the minor from being charged with an infraction or a misdemeanor for those acts.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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. begin delete Any end delete begin insert Except as provided in
subdivision (g), any end insert 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. begin delete A end delete begin insert Except as provided in subdivision (g), a end insert 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 unreasonably loud 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 begin delete Code end delete begin insert Code, end insert 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) Selling or peddling any goods, merchandise, property, or
services of any kind whatsoever on the facilities, vehicles, or
property of the public transportation begin delete system, end delete begin insert system end insert 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.

(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) If an eligible discount ticket user is not in possession of
acceptable proof at the time of request, begin delete any end delete begin insert a end insert 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 begin delete any end delete begin insert a end insert 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 do either of the following:

(1) Enact 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.

(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.

(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 begin delete by any end delete begin insert by, an end insert 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.

begin insert

(g) A minor shall not be charged with an infraction or a
misdemeanor for violation of paragraphs (1) to (3), inclusive, of
subdivision (c).

end insert