BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 882| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 SB 882 Page 2 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 SB 882 Page 3 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 SB 882 Page 4 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 SB 882 Page 5 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 SB 882 Page 6 Prepared by:Molly Lao / PUB. S. / 6/2/16 8:38:40 **** END ****