BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 882|
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                                   THIRD READING 


          Bill No:  SB 882
          Author:   Hertzberg (D), et al.
          Amended:  5/31/16  
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  5-1, 4/12/16
           AYES:  Hancock, Glazer, Leno, Liu, Monning
           NOES:  Stone
           NO VOTE RECORDED:  Anderson

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 5/27/16
           AYES:  Lara, Beall, Hill, McGuire, Mendoza
           NOES:  Bates, Nielsen

           SUBJECT:   Crimes:  public transportation:  minors


          SOURCE:    Children's Defense Fund
                     Western Center on Law and Poverty
                     Youth Justice Coalition


          DIGEST:  This bill provides that minors shall not be subject to  
          an infraction or misdemeanor for evading a transit fare.


          ANALYSIS:  Existing law states that every person who avoids fare  
          payment on a public transit system, including the misuse of  
          transfer passes, tickets and tokens when a transit system  
          representative asks for proof of fare payment, shall be punished  
          by an infraction or misdemeanor. (Penal Code § 640.)


          This bill states that a minor shall not be charged with an  
          infraction or a misdemeanor for evading a transit fee, as  








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          specified. However, this bill does not limit the ability of  
          public transportation agencies to charge youth evading transit  
          fares up to $250 upon a first or second violation and up to $400  
          upon a third or subsequent violation. 


          Background

          The inability to afford transportation to and from school is one  
          of the most frequently cited barriers that low-income youth face  
          in attending school, which equates to about tens of thousands of  
          youth each year across California, particularly those who  
          usually do not have the few dollars requisite to ride  
          transportation, receive fare citations and experience the  
          hardships of heavy fines (up to $250) and/or court appearances.  
          SB 882 prevents youth under 18 from being charged with a penal  
          code infraction for a fare evasion citation and reduces the  
          likelihood that they will enter the criminal justice system  
          alongside reducing the expenses of both trying and detaining  
          them. This bill will not impact the ability of transit  
          authorities to charge and collect a financial penalty.


          In San Francisco, the criminal penalty for juveniles costs up to  
          $123.97 in fare evasion fines, including court fees. The fare  
          evasion fine for youth escalates with each offense. It is also  
          useful to look at the effects of the San Francisco Municipal  
          Transportation Agency's (SFMTA) decriminalization of fare  
          evasion for adults in February 2008 in order to reduce fare  
          evasion citations on traffic court dockets and to increase SFMTA  
          fine revenue collections. Prior to the transition, the adult  
          fine, with court fees, totaled $123.97, and the bulk of the fine  
          was kept by the court. By instituting a $50 administrative fine  
          in its place, the SFMTA keeps 100 percent of all citation  
          revenue. The change also effectively lowered the penalty for  
          adult fare evasion by up to 60 percent. The same report  
          recommended that in order to dissuade fare evasion and decrease  
          the gap between an adult and juvenile penalty, the Board of  
          Supervisors should either revert fare evasion a criminal  
          citation (only because of the current law criminalizing youth  
          fare evasion) or increase the base fine for adult fare evasion  
          to be closer to the city's juvenile fine and also create an  








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          escalating penalty for repeat offenders.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          According to the Senate Appropriations Committee:

           Criminal fine/fee/surcharge revenues:  Unknown, potentially  
            significant reduction in criminal penalty collections  
            statewide (General/Special/Local Funds) to the extent local  
            agencies continue to issue criminal citations in lieu of  
            levying administrative penalties upon minors as recently  
            authorized pursuant to SB 413 (Chapter 765/2015). The  
            magnitude of the impact on the state and local jurisdictions  
            would be dependent on various factors including but not  
            limited to the number of minors who would have been cited for  
            the offense, the number of counties imposing administrative  
            penalties in lieu of criminal fines, the level of enforcement  
            by local entities, and the collection efforts in each  
            jurisdiction. 
           Criminal justice system:  Potentially significant future cost  
            savings resulting from reduced involvement with the courts,  
            local law enforcement agencies including county probation  
            departments, and child welfare services.


          SUPPORT:   (Verified5/31/16)


          Children's Defense Fund (co-source)
          Western Center on Law and Poverty (co-source)
          Youth Justice Coalition (co-source)
          Aspiranet HQ
          California Assocation of Local Conservation Corps
          California Attorneys for Criminal Justice
          California Coalition for Youth
          California PAN-Ethnic Health Network
          California Public Defenders Association
          Californians United for a Responsible Budget
          Children's Advocacy Institute








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          Children Now
          Coalition of California Welfare Rights Organizations, Inc.
          Comite Civico del Valle
          Community Asset Development Redefining Education
          Courage Campaign
          El Rancho Unified School District
          Ella Baker Center for Human Rights
          First Place for Youth
          Larkin Street Youth Services
          Lawyers' Committee for Civil Rights of the San Francisco Bay  
          Area
          Legal Services for Prisoners with Children
          Los Angeles Conservation Corps
          National Association of Social Workers
          National Center for Youth Law
          A New Way of Life Re-entry Project
          PolicyLink
          Public Counsel Children's Rights Project
          Root & Rebound
          Rubicon Programs   


          OPPOSITION:   (Verified5/31/16)


          California Police Chiefs Association Inc.
          California State Sheriffs' Association 


          ARGUMENTS IN SUPPORT:     The sponsors of this bill, Children's  
          Defense Fund, Western Center on Law & Poverty, and Youth Justice  
          Coalition, state in part:

                According to data from the L.A. County Probation  
                Department, riding transit without fare is the number  
                one reason why youth are cited in L.A. County, and  
                youth of color receive a disproportionate number of  
                citations in L.A. County. These citations can result  
                in heavy fines or count appearances, which can  
                require students, take time out of school to attend  
                court and can create stress for students and  
                families. First-time count appearance during high  








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                school quadruples a student's odds of dropping out.  
                Ending criminal prosecution for riding transit  
                without fare will greatly reduce the criminalization  
                of young people and give them a better shot at  
                success in life?A survey of Oakland youth found that  
                61% of students reported they sometimes use their  
                lunch money to ride the bus, and nearly half of  
                low-income students reported that it was harder to  
                get to school, to jobs, or to after-school programs  
                without a free transit pass.

                Unlike California, many states guarantee  
                transportation to and from school for public school  
                students who live beyond a certain distance from  
                their school and a diverse array of cities and  
                communities provide free transit passes - including  
                San Francisco - to children and youth. Until  
                California ensures access to transportation for every  
                child, criminally charging children for not paying  
                the fare on transit is unfair and undermines  
                opportunity for our poorest youth.

          ARGUMENTS IN OPPOSITION:  The California State Sheriffs'  
          Association opposes this bill, stating in part:

                We understand the desire to eliminate the impacts  
                that unlawful fare evasion can have on minors.  That  
                said, we do not agree that simply saying that a minor  
                cannot be held accountable for an act still deemed to  
                be illegal is the appropriate way to achieve this  
                goal.

                Perhaps transit agencies could be encouraged or  
                compelled not to charge a fare to riders under a  
                certain age.  Schools could contract with transit  
                providers to cover the costs of transporting  
                school-bound children.  However, simply allowing one  
                cohort of individuals to escape liability for  
                something that remains illegal will frustrate law  
                enforcement and encourage bad behavior










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          Prepared by:Molly Lao / PUB. S. / 
          6/2/16 8:38:40


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