BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 882


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          Date of Hearing:  June 28, 2016


          Counsel:               Sandy Uribe








                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                       Reginald Byron Jones-Sawyer, Sr., Chair





          SB  
          882 (Hertzberg) - As Amended May 31, 2016





          SUMMARY:  Provides that minors shall not be subject to criminal  
          penalties for evading a transit fare.





          EXISTING LAW:  











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          1)Makes it a criminal infraction, punishable by a fine not to  
            exceed $250 and by specified community service, for a person  
            to engage in any of the following activities in a transit  
            vehicle or facility:  

             a)   Fare evasion, as specified;

             b)   Misuse of a transfer, pass, ticket, or token with the  
               intent to evade the payment of a fare;

             c)   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.   
               (Pen. Code, § 640.)

          2)Provides for misdemeanor penalties for third or subsequent  
            offenses for engaging in various forms of fare evasion. (Pen.  
            Code, § 640.)


          3)Allows transit operators to levy administrative penalties  
            against persons who have committed certain violations on their  
            systems, including fare evasion.  (Pub. Util. Code, § 99580,  
            subd. (a).)  


          4)Allows the transit agency to contract with a private vendor or  
            government agency for the processing of notices of fare  
            evasion.  (Pub. Util. Code, § 99580, subd. (c)(1).)


          5)States that a notice of fare evasion must contain specified  
            information including the violation, the administrative  
            penalty, the date, time, and place where the violation  
            occurred, and the procedure for contesting the violation.   
            (Pub. Util. Code, § 99580, subd. (d)(1).)


          6)Prohibits a transit agency from setting administrative  








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            penalties at an amount that exceeds the maximum fine set forth  
            in the Penal Code.  (Pub. Util. Code, § 99580, subd. (e).)  


          7)Sets forth a process for an initial review, as well as a  
            subsequent administrative review, of a fare-evasion violation.  
             (Pub. Util. Code, § 99581.)


          8)Allows a person to appeal an administrative review of a notice  
            of fare evasion in the superior court, as specified. (Pub.  
            Util. Code, § 99582.)

          FISCAL EFFECT:  Unknown





          COMMENTS:  



          1)Author's Statement:  According to the author, "SB 882 prevents  
            minors from being charged with a penal code violation when  
            they fail to pay the fare on public transit.

          "Failure to pay is the number one citation for youth in several  
            counties.  Once a child appears in court, the likelihood that  
            they will drop out of school and receive another court  
            appearance greatly increases. It is too easy for a child who  
            enters the criminal justice system, to never come out.

          "SB 882 does not impact the ability of transit authorities to  
            charge and collect a financial penalty. It does not remove the  
            ability for authorities to cite a person for smoking, selling  
            goods, vandalizing or any other violation.

          "SB 882 simply ensures that a child is not made a criminal when  








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            they have failed to pay a fare."

          2)Administrative Adjudication of Transit Penalties:  Since the  
            enactment of SB 1749 (Migden), Chapter 258, Statutes of 2006,  
            the state law allows for an alternative civil infraction  
            process in San Francisco and Los Angeles Counties.  Under  
            these provisions, the City and County of San Francisco (the  
            overseer of the city's transit system) and the Los Angeles  
            County Metropolitan Transportation Authority may adopt and  
            impose an administrative penalty and adjudication process for  
            these same violations committed by adults.  This process was  
            subsequently authorized for other transit agencies.  (See e.g.  
            SB 1320 (Hancock), Chapter 493, Statutes of 2010.)

            Last year, SB 413 (Wieckowski), Chapter 765, allowed transit  
            operators to levy administrative penalties against minors for  
            specified transit violations.   Despite this authority, most  
            transit agencies in the state have not adopted an  
            administrative process for addressing fare evasion.
             
            Administrative adjudication of transit violations is similar  
            to the process for issuing and enforcing parking tickets.  The  
            issuing officer serves the alleged violator with a "notice of  
            fare evasion or passenger misconduct violation," which  
            includes the date, time, location, and nature of the  
            violation, the administrative penalty amount, the date by  
            which the penalty must be paid, and the process for contesting  
            the citation.  If the alleged violator contests the citation,  
            then the issuing agency or its contracted processing agency  
            must provide an initial review.  If the citation is not  
            dismissed after the initial review, then the issuing agency or  
            its contracted processing agency must provide an impartial  
            administrative hearing at which the citing officer is not  
            required to appear.  If the alleged violator is unsatisfied  
            with the results of the administrative hearing, then he or she  
            may file an appeal in superior court, which hears the case de  
            novo.  

            This bill decriminalizes fare evasion by minors, thereby  








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            making the administrative review process the only option for  
            collecting penalties from minors.

          3)Argument in Support:  According to the Youth Justice  
            Coalition, a co-sponsor of this bill, "Nearly all of us at the  
            Youth Justice Coalition (YJC) have been directly impacted by  
            the high costs -both personal and financial- of transit  
            evasion, including the extreme fines, lost time at school and  
            work for court, a burdensome and confusing diversion project  
            here in our County, and even warrants for unpaid fines  
            resulting in detention.  Three years ago, we began to organize  
            for decriminalizing fare evasion, and we discovered that the  
            number one cause of juvenile citations in L.A. County - as  
            many as 10,000 tickets a year as reported through data we  
            received through a Public Records Act request to the L.A.  
            County Probation Department- was for fare evasion.  We won a  
            diversion process in L.A, but have still struggled to make the  
            process clear and accessible.  Based on these experiences, SB  
            882 is so important and personal to us.

          "California law allows young people to have charges brought  
            against them for a fare evasion ticket, which may result in  
            court appearances, suspended driver's licenses, and even time  
            in juvenile detention.  As fare evasion is almost always  
            committed by people who don't have adequate funds needed to  
            access public transportation, addressing fare evasion through  
            the penal code essentially criminalizes youth for poverty.

          "SB 882 does not eliminate the ability of youth to be cited and  
            fined for fare evasion.  It simply ends the practice of  
            punishing children and young people for fare evasion in our  
            penal code and in our detention and probation systems.  By  
            ending criminalization of youth who ride public transit  
            without paying the fare, we can reduce the likelihood that  
            they will enter the criminal justice system, reduce the  
            expense of trying and detaining youth, and eliminate the  
            life-altering impacts that court and detention have on a young  
            person's life chances."









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          4)Argument in Opposition:  According to the California Transit  
            Association, "Transit fare evasion, whether by minors or  
            adults, is a financial and operational challenge for public  
            transit agencies across California, including those in Los  
            Angeles County. As such, California law has long-authorized  
            public transit agencies to process these common, and sometimes  
            recurring, violations through Penal Code §640.  Individuals  
            found guilty of transit fare evasion may face a fine of $250  
            and/or community service, and in cases of a repeat offenders,  
            a fine of $400. In the most extreme cases, individuals may  
            face imprisonment in a county prison for no more than 90 days.

          "In 2015, the Association worked with the Legislature to create  
            an additional tool for deterring and enforcing fare evasion by  
            minors by sponsoring SB 413 (Wieckowski) [Chapter 765,  
            Statutes of 2015], which addressed a deficiency in  
            then-current law, to allow public transit agencies to exercise  
            an administrative process for deterring fare evasion and  
            collecting penalties from minors. As a result of this law and  
            with the support of their county governments, the Los Angeles  
            County Metropolitan Transportation Authority and the San  
            Francisco Municipal Transportation Agency, the public transit  
            agencies with the highest ridership in California, were able  
            to decriminalize transit fare evasion on their systems.  
            Despite interest, no other public transit agency in the state  
            has been able to establish similar administrative processes  
            for addressing fare evasion. Asked why they have yet to  
            establish an administrative process for handling fare evasion,  
            our members resoundingly point to the high costs of developing  
            and maintaining the infrastructure necessary to meet the  
            notice and hearing requirements for an administrative process;  
            waning federal, state and local financial support; and,  
            requirements in current law that direct revenue generated from  
            transit enforcement to the general fund of the county in which  
            the citation is administered, and not to the transit agency  
            for the maintenance of this costly system of enforcement.

          "The Association and its members remain sympathetic to the needs  
            of low-income minors, some of whom lack the resources to fully  








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            pay for transit fares. To that end, a majority of the transit  
            agencies that comprise our membership offer special reduced  
            fares (e.g. college/vocational, student, and/or youth) that  
            aim to alleviate the financial burden associated with  
            mobility, while still allowing transit agencies to meet the  
            farebox recovery requirements established by law. We oppose  
            this bill because, rather than address the root cause of  
            transit fare evasion, which is transit affordability, or the  
            key impediments to the adoption of an administrative process  
            for transit fare evasion citations, this bill would simply bar  
            cash-strapped transit agencies from utilizing a cost-effective  
            tool that helps ensure that nominal fares are paid by minors.

          "In addition, we oppose this bill because, if it were to become  
            law, it would necessitate the overhaul of transit fare  
            enforcement at virtually every transit agency in the state -  
            at great cost to taxpayers- in order to mitigate the impacts  
            of a minor infraction with a historically low-incidence. For  
            context, at the transit agencies with the highest ridership in  
            the state and no administrative process for administering  
            citations, youth fare evasion citations as a percentage of  
            total annual ridership break down as follows: Orange County  
            Transportation Authority - .0000046% (2 fare evasion  
            citations/approx. 43,400,000 annual riders); Santa Clara  
            Valley Transportation Authority - .00056% (246  
            citations/43,944,096 annual riders); and, San Diego  
            Metropolitan Transit System - .00041% (401/approx. 97,000,000  
            annual riders).

          "Finally, we oppose this bill because, if resources for this  
            overhaul do not follow, and transit agencies are unable to  
            establish an administrative process, fare payment by minors  
            would become merely a suggestion. For the Orange County  
            Transportation Authority, the Sacramento Regional Transit  
            District, the San Diego Metropolitan Transit System and the  
            Santa Clara Valley Transportation Authority, this change could  
            potentially lead to a loss in youth fare revenue of $6  
            million, $2.1 million, $12 million and $4.2 million,  
            respectively."








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          5)Related Legislation:

             a)   SB 413 (Wieckowski), Chapter 765, Statutes of 2015, in  
               pertinent part, allows transit operators to levy  
               administrative penalties against minors for specified  
               transit violations.  

             b)   AB 869 (Cooper) authorizes a public transit district  
               with a civil adjudication procedure for minor  
               transit-related offenses committed by adults to instead  
               pursue criminal penalties if a person fails to pay the  
               administrative penalty or successfully complete the civil  
               administrative process.  AB 869 has been moved to the  
               inactive file on the Senate Floor.
             
          6)Prior Legislation:

             a)   SB 1320 (Hancock), Chapter 493, Statutes of 2010,  
               provides authority to specified local transit agencies  
               allowing them to administratively adjudicate transit  
               violations.

             b)   SB 1749 (Migden), Chapter 258, Statutes of 2006, allowed  
               for administrative enforcement of transit-related  
               violations in the City and County of San Francisco and the  
               Los Angeles County Metropolitan Transportation Authority.



          REGISTERED SUPPORT / OPPOSITION:





          Support










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          Children's Defense Fund of California (Co-Sponsor)


          Western Center on Law and Poverty (Co-Sponsor)
          Youth Justice Coalition (Co-Sponsor)
          Alliance for Boys and Men of Color
          A New Way of Life Reentry Project
          Aspiranet
          California Association of Local Conservation Corps
          California Coalition for Youth
          California Equity Leaders Network
          California Pan-Ethnic Health Network
          California Public Defenders Association
          California School-Based Health Alliance
          Californians United for a Responsible Budget
          Center for Juvenile Law and Policy, Loyola Law School


          Children Now
          Children's Advocacy Institute, University of San Diego Law  
          School
          Coalition of California Welfare Rights Organizations, Inc.
          Comite Civico del Valle
          Community Asset Development Redefining Education
          Courage Campaign
          Ella Baker Center for Human Rights 
          El Rancho Unified School District
          First Place for Youth 
          Larkin Street Youth Services
          Laborers' International Union of North America Locals 777 & 792
          Lawyers Committee for Civil Rights of San Francisco Bay Area
          Legal Services for Prisoners with Children
          National Association of Social Workers, California Chapter
          National Center for Youth Law
          Pacific Juvenile Defender Center
          Policy Link








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          Public Counsel
          Root and Rebound
          Rubicon Programs
          One Private Individual



          Opposition


          


          California Police Chiefs Association


          California State Sheriffs Association 
          California Transit Association
          Riverside Transit Agency
          Sacramento Regional Transit District
          
          Analysis Prepared by:Sandy Uribe / PUB. S. / (916)  
          319-3744