BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 882


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          SENATE THIRD READING


          SB  
          882 (Hertzberg)


          As Amended  May 31, 2016


          Majority vote


          SENATE VOTE:  24-14


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |5-2  |Jones-Sawyer, Lopez,  |Melendez, Lackey    |
          |                |     |Low, Quirk, Santiago  |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


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


          EXISTING LAW:  


          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  








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            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.  


          2)Provides for misdemeanor penalties for third or subsequent  
            offenses for engaging in various forms of fare evasion. 


          3)Allows transit operators to levy administrative penalties  
            against persons who have committed certain violations on their  
            systems, including fare evasion.  


          4)Allows the transit agency to contract with a private vendor or  
            government agency for the processing of notices of fare  
            evasion.  


          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.  


          6)Prohibits a transit agency from setting administrative  
            penalties at an amount that exceeds the maximum fine set forth  
            in the Penal Code.  


          7)Sets forth a process for an initial review, as well as a  
            subsequent administrative review, of a fare-evasion violation.  
             








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          8)Allows a person to appeal an administrative review of a notice  
            of fare evasion in the superior court, as specified. 


          FISCAL EFFECT:  Unknown.  This bill is keyed non-fiscal by the  
          Legislative Counsel.


          COMMENTS:  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  
          they have failed to pay a fare."




          Analysis Prepared by:                                             
                          Sandy Uribe / PUB. S. / (916) 319-3744  FN:  
          0003549










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