BILL ANALYSIS Ó SB 882 Page 1 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: SB 882 Page 2 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 SB 882 Page 3 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 SB 882 Page 4 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 SB 882 Page 5 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." SB 882 Page 6 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 SB 882 Page 7 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." SB 882 Page 8 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 SB 882 Page 9 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 SB 882 Page 10 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