BILL ANALYSIS �
AB 2247
Page 1
ASSEMBLY THIRD READING
AB 2247 (Bonnie Lowenthal)
As Amended April 18, 2012
Majority vote
PUBLIC SAFETY 6-0 TRANSPORTATION 13-0
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|Ayes:|Ammiano, Knight, Cedillo, |Ayes:|Bonnie Lowenthal, |
| |Hagman, Mitchell, Skinner | |Jeffries, Achadjian, |
| | | |Blumenfield, Bonilla, |
| | | |Buchanan, Eng, Carter, |
| | | |Galgiani, Miller, Norby, |
| | | |Portantino, Solorio |
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APPROPRIATIONS 17-0
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|Ayes:|Fuentes, Harkey, | | |
| |Blumenfield, Bradford, | | |
| |Charles Calderon, Campos, | | |
| |Davis, Donnelly, Gatto, | | |
| |Hall, Hill, Lara, | | |
| |Mitchell, Nielsen, Norby, | | |
| |Solorio, Wagner | | |
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SUMMARY : Specifies the penalties for the unauthorized sales or
peddling of any good, merchandise, property, or services in a
transit facility or vehicle. Specifically, this bill :
1)Makes a violation of unauthorized sales or peddling on or in a
public transit facility or vehicle an infraction punishable by
a fine not to exceed $250 and by community service not to
exceed 48 hours.
2)Repeals Penal Code Section 602.7, which prohibits the
unauthorized sale or peddling of goods and services on
property of the San Francisco Bay Area Rapid Transit District
and the Southern California Rapid Transit District
3)Makes conforming changes to other statutes.
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EXISTING LAW :
1)Prohibits unauthorized sales or peddling on any property,
facility, or vehicle owned by the San Francisco Bay Area Rapid
Transit District or the Southern California Rapid Transit
District, and makes this conduct punishable as an infraction.
2)Makes any of the following acts committed on or in a public
transit facility or vehicle an infraction punishable by a fine
not to exceed $250, and by up to 48 hours of community
service:
a) Eating or drinking in or on a system facility or vehicle
in areas where those activities are prohibited by that
system;
b) Disturbing another person by loud or unreasonable noise;
c) Smoking in or on a system facility or vehicle in areas
where those activities are prohibited by that system;
d) Expectorating upon a system facility or vehicle; and,
e) Skateboarding, roller skating, bicycle riding, roller
blading, or operating a motorized scooter 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.
3)Punishes a first or second violation of the following acts as
an infraction punishable by a fine not to exceed $250, and by
up to 48 hours of community service, and punishes a third or
subsequent violation as 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:
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a) Evasion of the payment of a fare of the system. For
purposes of this section, 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;
b) Misuse of a transfer, pass, ticket, or token with the
intent to evade the payment of a fare; and,
c) Unauthorized use of a discount ticket or failure to
present proof of eligibility to use a discount ticket.
4)Provides that the following acts committed on or in a public
transit facility or vehicle are 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:
a) Willfully disturbing others on or in a system facility
or vehicle by engaging in boisterous or unruly behavior;
b) Carrying an explosive, acid or inflammable liquid in a
public transit facility or vehicle;
c) 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;
d) Willfully blocking the free movement of another person
in a system facility; and,
e) Willfully tampering with, removing, displacing,
injuring, or destroying any part of any light rail train or
bus equipment.
5)Declares that notwithstanding statutory provisions deeming
certain acts as to be infractions, specified transit
authorities may enact and enforce an ordinance providing that
any of the specified acts over which the authority has
jurisdiction, shall be subject only to an administrative
penalty imposed and enforced in a civil proceeding.
6)Permits specified local or regional transit agencies to
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contract with designated persons to act as its agents in
enforcing statutory provision relating to public transit
offenses. These persons are designated as public officers,
not peace officers, and are not allowed to carry weapons or to
exercise arrest powers. They may issue citations for
infractions occurring in a public transit facility or vehicle.
7)Provides that an infraction is not punishable by imprisonment.
8)States that a person charged with an infraction shall not be
entitled to a trial by jury, or to have the public defender or
other counsel appointed at public expense to represent him or
her unless he or she is arrested and not released on his or
her written promise to appear, his or her own recognizance, or
a deposit of bail.
9)States that, except as otherwise provided by law, all
provisions of law relating to misdemeanors shall apply to
infractions including, but not limited to, powers of peace
officers, jurisdiction of courts, periods for commencing
action and for bringing a case to trial and burden of proof.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, negligible state costs.
COMMENTS : According to the author, "The people who take public
transit in California are, whether by choice or not,
environmental heroes.
"One of the ways we can say thank you is to do everything we can
to make sure transit is clean, safe and orderly.
"AB 2247 moves in that direction by making it easier to ride a
train without being set upon by so-called pirate vendors, who
sell bootlegged DVDs and other items, from platforms, or by
going car to car, intruding on what little personal space a
passenger has.
"Riders have complained. AB 2247 will address this important
issue and will go a long way to create a safer and more
comfortable public transit experience for all Californians."
AB 2247
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Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0003607