BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Mark Leno, Chair A
2009-2010 Regular Session B
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AB 2324 (J.Perez) 4
As Amended June 10, 2010
Hearing date: June 22, 2010
Penal Code
SM:dl
PUBLIC TRANSIT FACILITIES:
FARE EVASION, TRESPASS AND STERILE ZONES
HISTORY
Source: Los Angeles County Sheriff's Department
Prior Legislation: SB 584 (Soto) - Ch. 378, Stats. of 2005
AB 280 (Oropeza) - Ch. 289, Stats. of 2005
AB 1263 (Benoit) - Ch. 361, Stats. of 2003
SB 510 (Scott) - Ch. 608, Stats. of 2002
Support: California State Sheriffs' Association; California
Transit Association; Los Angeles District Attorney's
Office; Sacramento Regional Transit District; Santa
Clara Valley Transportation Authority
Opposition:None known
Assembly Floor Vote: Ayes 77 - Noes 0
KEY ISSUES
SHOULD PUBLIC TRANSIT FACILITIES INCLUDE "STERILE AREAS" WHERE
WEAPONS ARE PROHIBITED?
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SHOULD IT BE A MISDEMEANOR TO INTENTIONALLY AVOID SECURITY
SCREENING AT A PUBLIC TRANSIT STERILE ZONE?
(CONTINUED)
SHOULD THE TRESPASS PROVISIONS APPLICABLE TO AIRPORTS AND HARBORS
APPLY ALSO TO PUBLIC TRANSIT FACILITIES?
SHOULD PENALTIES BE INCREASED FOR FARE EVASION AND OTHER SPECIFIED
ACTS IN A PUBLIC TRANSIT FACILITY OR VEHICLE?
PURPOSE
The purpose of this bill is to (1) establish "sterile areas"
within public transit facilities and prohibit possession of
specified items within those areas; (2) expand the crime of
trespass to include unauthorized entry into a public transit
facility, as defined; (3) create a new crime of intentionally
avoiding security screening at a public transit facility; (4)
and increase penalties for specified acts of misconduct
committed on or in a facility or vehicle of a public
transportation system, as specified.
Public Transit "Sterile Area" - Prohibited Items
Existing law states that persons who intentionally avoid
submission to the screening and inspection of one's person and
accessible property in accordance with the procedures being
applied to control access when entering or reentering a sterile
area of an airport or, passenger vessel terminal and are
responsible for the evacuation of an airport terminal or,
passenger vessel terminal, and is responsible in any part delays
or cancellations of scheduled flights or departures is
punishable by imprisonment of not more than one year in a county
jail if the sterile area is posted with a statement providing
reasonable notice that prosecution may result from a trespass.
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(Penal Code section 602(v).)
Existing law defines "public transportation system" as any
system of an operator which provides transportation services to
the general public by any vehicle which operates on land or
water, regardless of whether operated separated from or in
conjunction with other vehicles. (Public Utilities Code section
99211.)
Existing law creates a felony punishable by imprisonment in the
state prison for two, four, or six years for any person who
willfully (Penal Code section 12303.1):
Carries any explosive or destructive device on any
vessel, aircraft, car, or other vehicle that transports
passengers for hire.
Places or carries any explosive or destructive device,
while on board any such vessel, aircraft, car, or other
vehicle, in any hand baggage, roll, or other container.
Places any explosive or destructive device in any
baggage which is later checked with any common carrier.
Existing law provides that when an assault is committed against
any person on the property of, or on a motor vehicle of, a
public transportation provider, as defined, the offense shall be
punished by a fine not to exceed $2,000, or up to one year in
county jail, or both. (Penal Code section 241.3.)
Existing law provides that assault with a deadly weapon or
instrument or by any means of force likely to produce great
bodily injury upon the person of an operator, driver, or
passenger on a bus, taxicab, streetcar, cable car, trackless
trolley, or other motor vehicle, including a vehicle operated on
stationary rails or on a track or rail suspended in the air,
used for the transportation of persons for hire, or upon the
person of a station agent or ticket agent for the entity
providing such transportation, when the driver, operator, or
agent is engaged in the performance of his or her duties, and
where the person who commits the assault knows or reasonably
should know that the victim is engaged in the performance of his
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or her duties, or is a passenger, shall be punished by
imprisonment in the state prison for three, four, or five years.
(Penal Code section 245.2.)
Existing law provides that murder in the first degree is
punishable by a term of life without the possibility of parole
in any case in which any of the following special circumstances
has been charged and specially found to be true: the victim was
the operator or driver of a bus, taxicab, streetcar, cable car,
trackless trolley, or other motor vehicle operated on land,
including a vehicle operated on stationary rails or on a track
or rail suspended in the air, used for the transportation of
persons for hire, or the victim was a station agent or ticket
agent for the entity providing such transportation, who, while
engaged in the course of the performance of his or her duties
was intentionally killed, and such defendant knew or reasonably
should have known that such victim was the operator or driver of
a bus, taxicab, streetcar, cable car, trackless trolley, or
other motor vehicle operated on land, including a vehicle
operated on stationary rails or on a track or rail suspended in
the air, used for the transportation of persons for hire, or was
a station agent or ticket agent for the entity providing such
transportation, engaged in the performance of his or her duties.
(Penal Code section 190.25.)
This bill defines "public transit facility" as any land,
buildings, and equipment, or any interest therein, including any
station on a public transportation route, to which access is
controlled in a manner consistent with the public transit
authority's security plan, whether or not the operation thereof
produces revenue, which have as their primary purpose the
operation of a public transit system or the providing of
services to the passengers of a public transit system. A public
transit system includes the vehicles used in the system,
including, but not limited to, motor vehicles, streetcars,
trackless trolleys, buses, light rail systems, rapid transit
systems, subways, trains, or jitneys, that transport members of
the public for hire.
This bill defines "sterile area" as any portion of a public
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transit facility that is generally controlled in a manner
consistent with the public transit authority's security plan.
This bill provides it is a misdemeanor, punishable by up to six
months in county jail, or by a fine of up to $1,000, or both,
for any person to knowingly possess within any sterile area of a
public
transit facility, if the sterile area is posted with a statement
providing reasonable notice that prosecution may result from
possession of these items, any of the following:
Any firearm;
Any imitation firearm as defined under existing law;
Any instrument that expels a metallic projectile, such
as a BB or pellet, through the force of air pressure, CO2
pressure, or spring action, or any spot marker gun or paint
gun;
Any metal military practice hand grenade;
Any metal replica hand grenade;
Any plastic replica hand grenade;
Any unauthorized tear gas weapon;
Any taser or stun gun, as defined under existing law;
and,
Any undetectable knife, as described under existing law.
This bill exempts the following people from the prohibitions
stated above:
A duly appointed peace officer, as defined under
existing law;
A retired peace officer with authorization to carry
concealed weapons as described under existing law;
A full-time paid peace officer of another state or the
federal government who is carrying out official duties
while in California;
A qualified law enforcement officer of another state or
the federal government, as permitted under the Law
Enforcement Officers Safety Act, as specified;
A person summoned by a peace officer to assist in making
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arrests or preserving the peace while he or she is actually
engaged in assisting the officer; and,
A person who is responsible for the security of the
public transit system and who has been authorized by the
public transit authority's security coordinator, in
writing, to possess a weapon.
This bill permits a person to carry a handgun in a transit
facility if he or she is a person who is exempt from the
prohibition against carrying a handgun under existing law, as
specified, and is carrying the handgun in accordance with that
exemption.
This bill permits a person to possess a tear gas weapon within a
transit facility if he or she is permitted to carry such item
under existing law, as specified.
This bill provides that these provisions are cumulative, and
shall not be construed as restricting the application of any
other law. However, an act or omission that is punishable in
different ways by this and any other provision of law shall not
be punished under more than one provision.
This bill specifically allows for prosecution under any other
provision of law that may provide greater punishment.
Trespass
Existing law provides that it is a trespass when an unauthorized
person knowingly enters upon any airport or passenger vessel
terminal operations area , if the area has been posted with
notices restricting access to authorized personnel only and the
posting occur not greater than every 150 feet along the exterior
boundary, to the extent, in the case of a passenger vessel
terminal, that the exterior boundary extends shoreside. To the
extent that the exterior boundary of a passenger vessel terminal
operations area extends waterside, this prohibition shall apply
if notices have been posted in a manner consistent with the
requirements for the shoreside exterior boundary, or in any
other manner approved by the captain of the port. The person
shall be punished as follows:
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By a fine not exceeding $100.
By imprisonment in the county jail not exceeding 6
months, a fine of $1,000, or both, if the person refuses to
leave the airport or passenger vessel terminal after being
requested to leave by a peace officer or authorized
personnel.
By imprisonment in the county jail not exceeding six
months, or by a fine not exceeding $1,000, or both, for a
second or subsequent offense. (Penal Code section 602(u).)
This bill expands the definition of a trespass to include when
any unauthorized person knowingly enters a public transit
facility if the area has been posted with notices restricting
access to authorized personnel only and the postings occur not
greater than every 150 feet along the exterior boundary, to the
extent, in the case of a passenger vessel terminal, that the
exterior boundary extends shoreside. To the extent that the
exterior boundary of a passenger vessel terminal operations area
extends waterside, this prohibition shall apply if notices have
been posted in a manner consistent with the requirements for the
shoreside exterior boundary, or in any other manner approved by
the captain of the port. The penalties for this offense would
remain the same as existing law:
By a fine not exceeding $100.
By imprisonment in the county jail not exceeding 6
months or $1,000, or both, if the person refuses to leave
the airport or passenger vessel terminal after being
requested to leave by a peace officer or authorized
personnel.
By imprisonment in the county jail not exceeding six
months, or by a fine not exceeding $1,000, or both, for a
second or subsequent offense.
This bill defines "facility or vehicle of a public
transportation system" as any of the following:
A facility or vehicle of a public transportation system
as defined under existing law;
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A facility of, or vehicle operated by any entity
subsidized by, the Department of Transportation; or,
A leased or rented facility or vehicle which incurs
costs of cleanup, repair, or replacement as a result of any
of those acts.
Security Screening Evasion and Fare Evasion
Existing law provides the following acts are infractions
punishable by a fine not to exceed $250 and by community service
for a total time not to exceed 48 hours over a period not to
exceed 30 days, during a time other than during his or her hours
of school attendance or employment, when committed on or in a
facility or vehicle of a public transportation system, a
facility of, or vehicle operated by any entity subsidized by,
the Department of Transportation, a leased or rented facility or
vehicle for which incur costs of cleanup, repair, or replacement
as a result of any of those acts (Penal Code section 640):
Evasion of the payment of a fare of the system. Fare
evasion includes entering an enclosed area of a public
transit facility beyond posted signs prohibiting entrance
without obtaining valid fare, in addition to entering a
transit vehicle without valid fare.
Misuse of a transfer, pass, ticket, or token with the
intent to evade the payment of a fare.
Playing sound equipment on or in a system facility or
vehicle.
Smoking, eating, or drinking in or on a system facility
or vehicle in those areas where those activities are
prohibited by that system.
Expectorating upon a system facility or vehicle.
Willfully disturbing others on or in a system facility
or vehicle by engaging in boisterous or unruly behavior.
Carrying an explosive or acid, flammable liquid, or
toxic or hazardous material in a public transit facility or
vehicle.
Urinating or defecating in a system facility or vehicle,
except in a lavatory. However, this paragraph shall not
apply to a person who cannot comply with this paragraph as
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a result of a disability, age, or a medical condition.
Willfully blocking the free movement of another person
in a system facility or vehicle.
Skateboarding, roller skating, bicycle riding,
rollerblading, or operating an electronic personal
assistive mobility device or similar device as defined
under existing law, or a motorized scooter or similar
device as defined under existing law in a system facility,
vehicle, or parking structure. This paragraph does not
apply to an activity that is necessary for utilization of
the transit facility by a bicyclist, including, but not
limited to, an activity that is necessary for parking a
bicycle or transporting a bicycle aboard a transit vehicle,
if that activity is conducted with the permission of the
transit agency in a manner that does not interfere with the
safety of the bicyclist or other patrons of the transit
facility.
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
and posted system identification policies when entering or
exiting a transit station or vehicle. Acceptable proof of
eligibility must be clearly defined in the posting.
This bill provides that persons who intentionally avoid
submission to the screening and inspection of one's person and
accessible property in accordance with the procedures being
applied to control access when entering or reentering a public
transit facility and are responsible in any part for delays or
cancellations of departures are punishable by imprisonment of
not more than one year in a county jail if the sterile area is
posted with a statement providing reasonable notice that
prosecution may result. A violation of this subdivision is
punishable by a fine of not more than $500 for the first
offense. A second and subsequent violation is a misdemeanor,
punishable by imprisonment in a county jail for a period of not
more than one year, or by a fine not to exceed $1,000, or by
both that fine and imprisonment.
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This bill recasts Penal Code section 640 to provide the
following penalties for the following acts committed on or in a
facility or vehicle of a public transportation system, as
defined:
Straight Infraction, punishable by a fine not to exceed $250 and
by community service for a total time not to exceed 48 hours
over a period not to exceed 30 days, during a time other than
during his or her hours of school attendance or employment:
Playing sound equipment on or in a system facility or
vehicle.
Smoking, eating, or drinking in or on a system facility
or vehicle in those areas where those activities are
prohibited by that system.
Disturbing another person by loud or unreasonable noise.
Expectorating upon a system facility or vehicle.
Skateboarding, roller skating, bicycle riding,
rollerblading or [operating a] motorized scooter or similar
device, as specified, in a system facility, vehicle, or
parking structure. This paragraph does not apply to an
activity that is necessary for utilization of the transit
facility by a bicyclist, including, but not limited to, an
activity that is necessary for parking a bicycle or
transporting a bicycle aboard a transit vehicle, if that
activity is conducted with the permission of the transit
agency in a manner that does not interfere with the safety
of the bicyclist or other patrons of the transit facility.
Infraction upon a first or second violation, punishable by a
fine not to exceed $250 and by community service for a total
time not to exceed 48 hours over a period not to exceed 30 days,
during a time other than during his or her hours of school
attendance or employment. A third or subsequent violation is a
misdemeanor, punishable by a fine of not more than $400 or by
imprisonment in the county jail for a period of not more than 90
days, or by both that fine and imprisonment.
Evasion of the payment of a fare of the system,
including entering an enclosed area of a public transit
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facility beyond posted signs prohibiting entrance without
obtaining valid fare, in addition to entering a vehicle
without valid fare..
Misuse of a transfer, pass, ticket, or token with the
intent to evade the payment of a fare.
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
and posted system identification policies when entering or
exiting a transit station or vehicle.
Acceptable proof of eligibility must be clearly defined
in the posting. In the event that an eligible discount
ticket user is not in possession of acceptable proof at the
time of request, any citation issued shall be held for a
period of 72 hours to allow the user to produce acceptable
proof. If the proof is provided, the citation shall be
voided. If the proof is not produced within that time
period, the citation shall be processed.
Straight Misdemeanor, punishable by a fine of not more than
$400, by imprisonment in the county jail for a period of not
more than 90 days, or by both that fine and imprisonment:
Willfully disturbing others on or in a system facility
or vehicle by engaging in boisterous or unruly behavior;
Carrying an explosive, acid, or inflammable liquid in a
public transit facility or vehicle;
Urinating or defecating in a system facility or vehicle,
except in a lavatory. However, this paragraph shall not
apply to a person who cannot comply with this paragraph as
a result of a disability, age, or a medical condition;
Willfully blocking the free movement of another person
in a system facility, as specified; and,
Willfully tampering with, removing, displacing,
injuring, or destroying any part of any light rail train or
bus equipment.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
The severe prison overcrowding problem California has
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experienced for the last several years has not been solved. In
December of 2006 plaintiffs in two federal lawsuits against the
Department of Corrections and Rehabilitation sought a
court-ordered limit on the prison population pursuant to the
federal Prison Litigation Reform Act. On January 12, 2010, a
federal three-judge panel issued an order requiring the state to
reduce its inmate population to 137.5 percent of design capacity
-- a reduction of roughly 40,000 inmates -- within two years.
In a prior, related 184-page Opinion and Order dated August 4,
2009, that court stated in part:
"California's correctional system is in a tailspin,"
the state's independent oversight agency has reported.
. . . (Jan. 2007 Little Hoover Commission Report,
"Solving California's Corrections Crisis: Time Is
Running Out"). Tough-on-crime politics have increased
the population of California's prisons dramatically
while making necessary reforms impossible. . . . As a
result, the state's prisons have become places "of
extreme peril to the safety of persons" they house, .
. . (Governor Schwarzenegger's Oct. 4, 2006 Prison
Overcrowding State of Emergency Declaration), while
contributing little to the safety of California's
residents, . . . . California "spends more on
corrections than most countries in the world," but the
state "reaps fewer public safety benefits." . . . .
Although California's existing prison system serves
neither the public nor the inmates well, the state has
for years been unable or unwilling to implement the
reforms necessary to reverse its continuing
deterioration. (Some citations omitted.)
. . .
The massive 750% increase in the California prison
population since the mid-1970s is the result of
political decisions made over three decades, including
the shift to inflexible determinate sentencing and the
passage of harsh mandatory minimum and three-strikes
laws, as well as the state's counterproductive parole
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system. Unfortunately, as California's prison
population has grown, California's political
decision-makers have failed to provide the resources
and facilities required to meet the additional need
for space and for other necessities of prison
existence. Likewise, although state-appointed experts
have repeatedly provided numerous methods by which the
state could safely reduce its prison population, their
recommendations have been ignored, underfunded, or
postponed indefinitely. The convergence of
tough-on-crime policies and an unwillingness to expend
the necessary funds to support the population growth
has brought California's prisons to the breaking
point. The state of emergency declared by Governor
Schwarzenegger almost three years ago continues to
this day, California's prisons remain severely
overcrowded, and inmates in the California prison
system continue to languish without constitutionally
adequate medical and mental health care.<1>
The court stayed implementation of its January 12, 2010 ruling
pending the state's appeal of the decision to the U.S. Supreme
Court. On Monday, June 14, 2010, The U.S. Supreme Court agreed
to hear the state's appeal in this case.
This bill does not appear to aggravate the prison overcrowding
crisis described above.
COMMENTS
1. Need for This Bill
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<1> Three Judge Court Opinion and Order, Coleman v.
Schwarzenegger, Plata v. Schwarzenegger, in the United States
District Courts for the Eastern District of California and the
Northern District of California United States District Court
composed of three judges pursuant to Section 2284, Title 28
United States Code (August 4, 2009).
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According to the author:
In the aftermath of the terrorist attacks on September
11, 2001, California made several changes to the Penal
Code to address gaps in state law that deal with
possessing certain weapons at airports and seaports.
Over time, these laws were expanded to include certain
public buildings and other facilities, but public
transit facilities were not included at that time.
The Los Angeles County Sheriff's Department and other
law enforcement agencies that provide public safety
services to public transit agencies have expressed
significant concerns over the safety of California's
public transit systems. Current law does not provide
for adequate protection from illegal weapons and
dangerous or illegal behaviors on public transit
systems.
First, there is no state law that prohibits an
individual who is carrying certain weapons from
accessing a public transit system. More and more law
enforcement agencies are coming across people entering
public transit facilities that are armed with
dangerous weapons. To address this concern, AB 2324
creates a definition for a "sterile area" for public
transit systems like light rail, rail, and bus
terminals, which is similar to the sterile areas
currently used in airports and seaports. This bill
further authorizes law enforcement agencies to create
sterile areas as part of their security plans and
prohibit specified weapons and trespassing in these
sterile areas.
Second, numerous employees of the Los Angeles County
Metropolitan Transportation Authority (MTA) have
criticized the inadequate penalties for crimes
committed on buses and light rail. An example of this
is that under current law, possession of an
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"explosive" or "flammable liquid" is only an
infraction. Similarly, the MTA bus drivers have
complained that passengers often disturb passengers
and drivers or willfully destroy public transit
vehicle equipment, which is only an infraction. This
bill seeks to address these concerns by making these
offenses misdemeanors consistent with other provisions
of law.
A third area of concern is the need to adjust the
current fare evasion schedule (Penal Code Section
640). In San Francisco, the Bay Area Rapid Transit
(BART) and the San Francisco Municipal Railway (Muni)
report losses of over $17 million a year in fare
evasion. The MTA reports over $5 million lost in fare
evasion despite citing over 45,000 people a year for
fare evasion. The Sacramento Police Department
reports that they have cited over 25,000 people last
year for fare evasion. Although this bill does not
propose an increase in fine for the first two
citations, it does modify the penalty for a third and
subsequent conviction. Currently in Los Angeles, the
fare evasion schedule is $25 dollars for the first
offense, $50 for a second and $100 for a third
offense. This bill would amend Section 640 to reflect
this new fare evasion change as well as clearly
defining the crime of fare evasion.
2. Effects of the Bill
This bill addresses separate issues involving public transit
systems: establishing "sterile zones" where weapons are
prohibited and only persons who have been subjected to
appropriate screening are allowed to enter, amending the
trespass laws to include specified areas in public
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transit facilities, and increasing penalties for fare evasion
and other specified harmful activities on a public transit
vehicle or in a public transit facility.
This bill would define a "sterile area" as "any portion of a
public transit facility that is generally controlled in a manner
consistent with the public transit authority's security plan."
This would create for public transit systems such as buses and
trains, authority to require screening for weapons similar to
that which currently takes place in airports. At present,
screening for weapons does not take place in these facilities.
If a transit authority were to adopt a security plan that calls
for screening passengers, this bill would provide, subject to
specified exceptions, that it is a misdemeanor, punishable by up
to six months in county jail, or by a fine of up to $1,000, or
both, for any person to knowingly possess any of the following
within the sterile area, if the sterile area is posted with a
statement providing reasonable notice that prosecution may
result from possession of these items:
Any firearm;
Any imitation firearm as defined under existing law;
Any instrument that expels a metallic projectile, such
as a BB or pellet, through the force of air pressure, CO2
pressure, or spring action, or any spot marker gun or paint
gun;
Any metal military practice hand grenade;
Any metal replica hand grenade;
Any plastic replica hand grenade;
Any unauthorized tear gas weapon;
Any taser or stun gun, as defined under existing law;
and,
Any undetectable knife, as described under existing law.
SHOULD PUBLIC TRANSIT AUTHORITIES HAVE THE ABILITY TO CREATE
"STERILE ZONES" AND PROHIBIT POSSESSION OF DANGEROUS WEAPONS IN
THOSE AREAS?
In a similar vein, this bill would expand the current trespass
prohibitions applicable to any airport or passenger vessel
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terminal operations area to also prohibit any unauthorized
person from knowingly entering a public transit facility if the
area has been posted with notices restricting access to
authorized personnel only and the postings occur not greater
than every 150 feet, as specified. The penalties for this
trespass would be:
By a fine not exceeding $100.
By imprisonment in the county jail not exceeding 6
months or $1,000, or both, if the person refuses to leave
the airport or passenger vessel terminal after being
requested to leave by a peace officer or authorized
personnel.
By imprisonment in the county jail not exceeding six
months, or by a fine not exceeding $1,000, or both, for a
second or subsequent offense.
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SHOULD TRESPASS PROVISIONS CURRENTLY APPLIED TO AIRPORTS ALSO BE
APPLIED TO BUS AND TRAIN STATIONS?
Finally, as detailed above, this bill recasts the current
provisions involving fare evasion and a variety of other acts in
transit facilities. The following acts would become
misdemeanors, with a potential 90 day jail sentence, a fine of
up to $400, or both:
Willfully disturbing others on or in a system facility
or vehicle by engaging in boisterous or unruly behavior;
Carrying an explosive, acid, or inflammable liquid in a
public transit facility or vehicle;
Urinating or defecating in a system facility or vehicle,
except in a lavatory. However, this paragraph shall not
apply to a person who cannot comply with this paragraph as
a result of a disability, age, or a medical condition;
Willfully blocking the free movement of another person
in a system facility, as specified; and,
Willfully tampering with, removing, displacing,
injuring, or destroying any part of any light rail train or
bus equipment.
Fare evasion and related acts would carry these misdemeanor
penalties on a third or subsequent offense.
ARE THESE PENALTY INCREASES JUSTIFIED?
3. Argument in Support
The Sacramento Regional Transit District states:
The Key feature of this bill is the prohibition of the
possession of dangerous weapons in defined areas of a
public transit facility and the further prohibition
against a person from intentionally engaging in
activities that can jeopardize the safety of transit
operators, passengers and the public.
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Under current law, only airports and sea ports enjoy
statutory provisions to ensure safer environments for
employees and passengers. The bill establishes
"sterile areas" in transit facilities from which
prohibitions on possession of weapons would be enacted
to protect these operations. Prohibitions have also
been established for persons who intentionally bypass
screening and inspection when entering a sterile area.
This bill would also prohibit a person from
intentionally avoiding submission to screening and
inspection when entering a sterile are in a public
transit vehicle station thereby creating a safer
environment for those who patronize or work in the
public transit system.
Another important aspect of AB 2324 is the proposed
increase in penalties for repeat fare evasion
offenders. Although the first and second violation
for fare evaders will remain the same, for the third
violation, the penalty would have an increased fine.
Additionally, other violations under the transit
section (California Penal Code section 640), such as a
willful disturbance, etc., will be upgraded from
infractions to misdemeanors.
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