Amended in Senate May 31, 2016

Senate BillNo. 882


Introduced by Senator Hertzberg

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(Coauthors: Senators Beall and Wieckowski)

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(Coauthors: Assembly Members Dababneh and Cristina Garcia)

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January 15, 2016


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

LEGISLATIVE COUNSEL’S DIGEST

SB 882, as amended, 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 prohibitbegin delete theend deletebegin insert aend insert 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:

P1    1

SECTION 1.  

Section 640 of the Penal Code is amended to
2read:

3

640.  

(a) (1) Any of the acts described in paragraphs (1) to (6),
4inclusive, of subdivision (b) is an infraction punishable by a fine
5not to exceed two hundred fifty dollars ($250) and by community
P2    1service for a total time not to exceed 48 hours over a period not to
2exceed 30 days, during a time other than during the violator’s hours
3of school attendance or employment. Except as provided in
4subdivision (g), any of the acts described in paragraphs (1) to (3),
5inclusive, of subdivision (c), upon a first or second violation, is
6an infraction punishable by a fine not to exceed two hundred fifty
7dollars ($250) and by community service for a total time not to
8exceed 48 hours over a period not to exceed 30 days, during a time
9other than during the violator’s hours of school attendance or
10employment. Except as provided in subdivision (g), a third or
11subsequent violation of any of the acts described in paragraphs (1)
12to (3), inclusive, of subdivision (c) is a misdemeanor punishable
13by a fine of not more than four hundred dollars ($400) or by
14imprisonment in a county jail for a period of not more than 90
15days, or by both that fine and imprisonment. Any of the acts
16described in subdivision (d) shall be punishable by a fine of not
17more than four hundred dollars ($400), by imprisonment in a
18county jail for a period of not more than 90 days, or by both that
19fine and imprisonment.

20(2) This section shall apply only to acts committed on or in a
21facility or vehicle of a public transportation system.

22(b) (1) Eating or drinking in or on a system facility or vehicle
23in areas where those activities are prohibited by that system.

24(2) Playing unreasonably loud sound equipment on or in a
25system facility or vehicle, or failing to comply with the warning
26of a transit official related to disturbing another person by loud or
27unreasonable noise.

28(3) Smoking in or on a system facility or vehicle in areas where
29those activities are prohibited by that system.

30(4) Expectorating upon a system facility or vehicle.

31(5) Skateboarding, roller skating, bicycle riding, roller blading,
32or operating a motorized scooter or similar device, as defined in
33Section 407.5 of the Vehicle Code, in a system facility, vehicle,
34or parking structure. This paragraph does not apply to an activity
35that is necessary for utilization of the transit facility by a bicyclist,
36including, but not limited to, an activity that is necessary for
37parking a bicycle or transporting a bicycle aboard a transit vehicle,
38if that activity is conducted with the permission of the transit
39agency in a manner that does not interfere with the safety of the
40bicyclist or other patrons of the transit facility.

P3    1(6) Selling or peddling any goods, merchandise, property, or
2services of any kind whatsoever on the facilities, vehicles, or
3property of the public transportation system if the public
4transportation system has prohibited those acts and neither the
5public transportation system nor its duly authorized representatives
6have granted written consent to engage in those acts.

7(c) (1) Evasion of the payment of a fare of the system. For
8purposes of this section, fare evasion includes entering an enclosed
9area of a public transit facility beyond posted signs prohibiting
10entrance without obtaining valid fare, in addition to entering a
11transit vehicle without valid fare.

12(2) Misuse of a transfer, pass, ticket, or token with the intent to
13evade the payment of a fare.

14(3) (A) Unauthorized use of a discount ticket or failure to
15present, upon request from a transit system representative,
16acceptable proof of eligibility to use a discount ticket, in
17accordance with Section 99155 of the Public Utilities Code and
18posted system identification policies when entering or exiting a
19transit station or vehicle. Acceptable proof of eligibility must be
20clearly defined in the posting.

21(B) If an eligible discount ticket user is not in possession of
22acceptable proof at the time of request, a citation issued shall be
23held for a period of 72 hours to allow the user to produce acceptable
24proof. If the proof is provided, the citation shall be voided. If the
25proof is not produced within that time period, the citation shall be
26processed.

27(d) (1) Willfully disturbing others on or in a system facility or
28vehicle by engaging in boisterous or unruly behavior.

29(2) Carrying an explosive, acid, or flammable liquid in a public
30transit facility or vehicle.

31(3) Urinating or defecating in a system facility or vehicle, except
32in a lavatory. However, this paragraph shall not apply to a person
33who cannot comply with this paragraph as a result of a disability,
34age, or a medical condition.

35(4) Willfully blocking the free movement of another person in
36a system facility or vehicle. This paragraph shall not be interpreted
37to affect any lawful activities permitted or First Amendment rights
38protected under the laws of this state or applicable federal law,
39including, but not limited to, laws related to collective bargaining,
40labor relations, or labor disputes.

P4    1(5) Willfully tampering with, removing, displacing, injuring,
2or destroying any part of a facility or vehicle of a public
3transportation system.

4(e) Notwithstanding subdivisionbegin delete (a),end deletebegin insert (a) or (g),end insert a public
5transportation agency, as defined in paragraph (4) of subdivision
6(c) of Section 99580 of the Public Utilities Code, may do either
7of the following:

8(1) Enact and enforce an ordinance providing that a person who
9is the subject of a citation for any of the acts described in
10subdivision (b) of Section 99580 of the Public Utilities Code on
11or in a facility or vehicle described in subdivision (a) for which
12the public transportation agency has jurisdiction shall, under the
13circumstances set forth by the ordinance, be afforded an
14opportunity to complete an administrative process that imposes
15only an administrative penalty enforced in a civil proceeding. The
16ordinance for imposing and enforcing the administrative penalty
17shall be governed by Chapter 8 (commencing with Section 99580)
18of Part 11 of Division 10 of the Public Utilities Code.

19(2) Enforce as an infraction pursuant to subdivision (b) the act
20of failing to yield seating reserved for an elderly or disabled person
21in a facility or vehicle for which the public transportation agency
22has jurisdiction, provided that the governing board of the public
23transportation agency enacts an ordinance to that effect after a
24public hearing on the issue.

25(f) For purposes of this section,begin delete aend delete “facility or vehicle of a public
26transportation system” means any of the following:

27(1) A facility or vehicle of a public transportation system as
28defined by Section 99211 of the Public Utilities Code.

29(2) A facility of, or vehicle operated by, an entity subsidized
30by, the Department of Transportation.

31(3) A facility or vehicle of a rail authority, whether owned or
32leased, including, but not limited to, any part of a railroad, or track
33of a railroad, or any branch or branchway, switch, turnout, bridge,
34viaduct, culvert, embankment, station house, or other structure or
35fixture, or any part thereof, attached or connected to a railroad.

36(4) A leased or rented facility or vehicle for which any of the
37entities described in paragraph (1), (2), or (3) incurs costs of
38cleanup, repair, or replacement as a result of any of those acts.

39(g) A minor shall not be charged with an infraction or a
40misdemeanor for violation of paragraphs (1) to (3), inclusive, of
P5    1subdivision (c).begin insert Nothing in this subdivision shall limit the ability
2of a public transportation agency to assess an administrative
3penalty as established in paragraph (1) of subdivision (e) and in
4Section 99580 of the Public Utilities Code, not to exceed two
5hundred fifty dollars ($250) upon a first or second violation and
6not to exceed four hundred dollars ($400) upon a third or
7subsequent violation.end insert



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