BILL ANALYSIS Ó SB 882 Page 1 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 SB 882 Page 2 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. SB 882 Page 3 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 SB 882 Page 4