Amended in Senate April 24, 2014

Senate Bill No. 1236

Introduced by Senator Monning

February 20, 2014

An act to begin delete add end delete begin insert amend Section 830.14 of the Penal Code, and to amend end insert Section begin delete 98120 to end delete begin insert 99170 of end insert the Public Utilities Code, relating to transit begin insert districts end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 1236, as amended, Monning. begin delete Santa Cruz Metropolitan Transit District. end delete begin insert Transit districts: transit offenses and enforcement. end insert

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(1) Existing law authorizes a local or regional transit agency or a joint powers agency operating rail service to contract with designated persons to act as its agent in the enforcement of specified provisions relative to certain prohibited acts on or in public transportation systems or vehicles if the persons satisfy specified training requirements.

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This bill would authorize the governing board of a transit district to designate district employees, except as specified, or security officers contracted by the district, to enforce state laws relative to certain prohibited acts on or in public transportation systems or on the property, facilities, or vehicles of a transit district, if the employees or officers satisfy specified training requirements.

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(2) Existing law prohibits a person from doing any of specified acts with respect to the property, facilities, or vehicles of a transit district, including, among other things, violating a notice, prohibition, instruction, or direction on a sign that is intended to provide for the safety and security of transit passengers, or the safe and secure operation of the transit system. A violation of these provisions is an infraction.

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This bill would additionally prohibit a person from (A) knowingly giving false information to a district employee, or contracted security officer, engaged in the enforcement of a district ordinance or a state law, or otherwise obstructing the issuance of a citation for the violation of a district ordinance or a state law, or (B) violating any of the conditions established by a transit district ordinance under which a passenger may board a transit vehicle with a bicycle and where that bicycle may be stowed on the transit vehicle. The bill would also delete an obsolete provision. By providing for the creation of new crimes, this bill would thereby impose a state-mandated local program.

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(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Existing law provides for the creation of the Santa Cruz Metropolitan Transit District, governed by a board of directors, with specified powers and duties related to the operation of public transit services serving the County of Santa Cruz.

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This bill would authorize the board of directors of the district to adopt ordinances that prohibit certain activities with respect to the district’s operation, including the giving of false information to a district employee or contracted security officer engaged in the enforcement of ordinances or state law, otherwise obstructing the issuance of a citation, unauthorized operation or interference with transit facilities or property, and related matters. The bill would also authorize the adoption of an ordinance that specifies the conditions under which bicycles may be carried. The bill would authorize district employees or contracted security officers to enforce these and other related provisions, as specified. The bill would authorize the board to provide that a violation of the ordinances is an infraction, with maximum specified fines and community service time. By providing for the creation of a new crime, this bill would thereby impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 830.14 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

830.14.  

(a) A local or regional transit agency or a joint powers
agency operating rail service identified in an implementation
program adopted pursuant to Article 10 (commencing with Section
130450) of Chapter 4 of Division 12 of the Public Utilities Code
may authorize by contract designated persons as conductors
performing fare inspection duties who are employed by a railroad
corporation that operates public rail commuter transit services for
that agency to act as its agent in the enforcement of subdivisions
(a) to (d), inclusive, of Section 640 relating to the operation of the
rail service if they complete the training requirement specified in
this section.

(b) The governing board of the Altamont Commuter Express
Authority, a joint powers agency duly formed pursuant to Article
1 (commencing with Section 6500) of Chapter 5 of Division 7 of
Title 1 of the Government Code, by and between the Alameda
Congestion Management Agency, the Santa Clara County Transit
District, and the San Joaquin Regional Rail Commission, may
contract with designated persons to act as its agents in the
enforcement of subdivisions (a) to (d), inclusive, of Section 640
relating to the operation of a public transportation system if these
persons complete the training requirement specified in this section.

(c) The governing board of the Peninsula Corridor Joint Powers
Board, a joint powers agency duly formed pursuant to Article 1
(commencing with Section 6500) of Chapter 5 of Division 7 of
Title 1 of the Government Code, by and between the San Mateo
County Transit District, the Santa Clara County Transit District,
and the City and County of San Francisco, may appoint designated
persons to act as its agents in the enforcement of subdivisions (a)
to (d), inclusive, of Section 640 relating to the operation of a public
transportation system if these persons complete the training
requirement specified in this section.

(d) The governing board of Foothill Transit, a joint powers
agency duly formed pursuant to Article 1 (commencing with
Section 6500) of Chapter 5 of Division 7 of Title 1 of the
Government Code, by and between the Cities of Arcadia, Azusa,
Baldwin Park, Bradbury, Claremont, Covina, Diamond Bar, Duarte,
El Monte, Glendora, Industry, Irwindale, La Habra Heights, La
Puente, La Verne, Monrovia, Pomona, San Dimas, South El Monte,
Temple City, Walnut, West Covina, and the County of Los
Angeles, may resolve to contract with designated persons to act
as its agents in the enforcement of subdivisions (a) to (d), inclusive,
of Section 640 relating to the operation of a public transportation
system if these persons complete the training requirement specified
in this section.

(e) The governing board of the Sacramento Regional Transit
District, a transit district duly formed pursuant to Part 14
(commencing with Section 102000) of Division 10 of the Public
Utilities Code, may designate persons regularly employed by the
district as inspectors or supervisors to enforce subdivisions (a) to
(d), inclusive, of Section 640, relating to the operation of a public
transportation system, and any ordinance adopted by the district
pursuant to subdivision (a) of Section 102122 of the Public Utilities
Code, if these persons complete the training requirement specified
in this section.

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(f) The governing board of a transit district, as defined in
subdivision (b) of Section 99170 of the Public Utilities Code, may
designate employees, except for union-represented employees
employed to drive revenue-generating transit vehicles, or security
officers contracted by the transit district, to enforce subdivisions
(a) to (d), inclusive, of Section 640, and Section 640.5, and
violations of Section 99170 of the Public Utilities Code.

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(f)

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begin insert (g) end insert  Persons authorized pursuant to this section to enforce
subdivisions (a) to (d), inclusive, of Section 640 begin insert , or Section 640.5,
or Section 99170 of the Public Utilities Code, end insert shall complete a
specialized fare compliance course begin delete which end delete begin insert that end insert shall be provided
by the authorizing agency. This training course shall include, but
not be limited to, the following topics:

(1) An overview of barrier-free fare inspection concepts.

(2) The scope and limitations of inspector authority.

(3) Familiarization with the elements of the infractions
enumerated in subdivisions (a) to (d), inclusive, of Section 640 begin insert ,
and, as applicable, the crimes enumerated in Section 640.5, and
Section 99170 of the Public Utilities Code end insert .

(4) Techniques for conducting fare checks, including inspection
procedures, demeanor, and contacting violators.

(5) Citation issuance and court appearances.

(6) Fare media recognition.

(7) Handling argumentative violators and diffusing conflict.

(8) The mechanics of law enforcement support and interacting
with law enforcement for effective incident resolution.

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(g)

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begin insert (h) end insert  Persons described in this section are public officers, not
peace officers, have no authority to carry firearms or any other
weapon while performing the duties authorized in this section, and
may not exercise the powers of arrest of a peace officer while
performing the duties authorized in this section. These persons
may be authorized by the agencies specified in this section to issue
citations involving infractions relating to the operation of the rail
service specified in this section.

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(h)

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begin insert (i) end insert  Nothing in this section shall affect the retirement or disability
benefits provided to employees described in this section or be in
violation of any collective bargaining agreement between a labor
organization and a railroad corporation.

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(i)

end delete

begin insert (j) end insert  Notwithstanding any other provision of this section, the
primary responsibility of a conductor of a commuter passenger
train shall be functions related to safe train operation.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 99170 of the end insert begin insert Public Utilities Code end insert begin insert is amended
to read: end insert

99170.  

(a) A person shall not do any of the following with
respect to the property, facilities, or vehicles of a transit district:

(1) Operate, interfere with, enter into, or climb on or in, the
property, facilities, or vehicles owned or operated by the transit
district without the permission or approval of the transit district.

(2) Interfere with the operator or operation of a transit vehicle,
or impede the safe boarding or alighting of passengers.

(3) Extend any portion of the body through a window opening
of a transit vehicle in a manner that may cause harm or injury.

(4) Throw an object from a transit vehicle.

(5) Commit an act or engage in a behavior that may, with
reasonable foreseeability, cause harm or injury to any person or
property.

(6) Violate a notice, prohibition, instruction, or direction on a
sign that is intended to provide for the safety and security of transit
passengers, or the safe and secure operation of the transit system.

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(7) Knowingly give false information to a district employee, or
contracted security officer, engaged in the enforcement of a district
ordinance or a state law, or otherwise obstruct the issuance of a
citation for the violation of a district ordinance or a state law.

end insert begin insert

(8) Violate any of the conditions established by a transit district
ordinance under which a passenger may board a transit vehicle
with a bicycle and where that bicycle may be stowed on the transit
vehicle.

end insert

(b) For purposes of this section, “transit district” means an entity
that qualifies as a claimant, as defined in Section 99203, eligible
to receive allocations under Chapter 4 (commencing with Section
99200).

(c) A violation of this section is an infraction under Section 19.8
of the Penal Code punishable by a fine not exceeding seventy-five
dollars ($75), and a violation by a person after a second conviction
is punishable by a fine not exceeding two hundred fifty dollars
($250) or by community service that does not conflict with the
violator’s hours of school attendance or employment for a total
time not to exceed 48 hours over a period not to exceed 60 days.

(d) A transit district shall provide reasonable notification to the
public of the activities prohibited by this section and the penalties
for violations of those prohibitions.

(e) This section does not prohibit a person from engaging in
activities that are protected under the laws of the United States or
of this state, including, but not limited to, picketing, demonstrating,
or distributing handbills.

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(f) Transit districts shall maintain records of violations and the
number of citations issued with respect to the actions prohibited
under this section until January 1, 2005. The transit districts shall
prepare a summary report of these actions and related findings
with respect to the implementation and operation of this section
and shall submit the report to the Legislature on or before January
1, 2006.

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(g)

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begin insert (f) end insert  Revenue from fines imposed pursuant to subdivision (c) shall
not be distributed or allocated to the transit agency issuing citations
under this section. Fine revenue instead shall be allocated to the
other entities eligible to receive those funds under existing law.

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begin insert SEC. 3. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

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SECTION 1.  

Section 98120 is added to the Public Utilities
Code, to read:

98120.  

(a) The board of directors may adopt ordinances that
do any of the following:

(1) Prohibit persons from knowingly giving false information
to a district employee, or contracted security officer, engaged in
the enforcement of district ordinances or state law, or otherwise
obstructing the issuance of a citation for violation of district
ordinances or state law.

(2) Prohibit unauthorized operation of, interference with, entry
into, climbing upon, attaching to, or loitering on or in, transit
facilities or other transit property.

(3) Prohibit the removal, displacement, injury, destruction, or
obstruction of any district structure or fixture.

(4) Specify conditions under which a passenger may board a
district vehicle with a bicycle and where the bicycle may be stowed.

(b) The board may provide that a violation of any ordinance
adopted pursuant to subdivision (a) is an infraction punishable by
a fine not exceeding seventy-five dollars ($75), and that a violation
by a person after the second conviction is punishable by a fine not
to exceed two hundred fifty dollars ($250) and by community
service for a total time not to exceed 48 hours over a period not to
exceed 30 days that do not conflict with the violator’s hours of
school attendance or employment.

(c) This section does not prohibit any person from engaging in
activities that are protected under the laws of the United States or
of California, including, but not limited to, picketing,
demonstrating, or distributing handbills.

(d) A district employee, or contracted security officer, may
enforce any ordinance adopted pursuant to this section as provided
in subdivision (e) of Section 830.7 of the Penal Code and may
enforce violations of Sections 640 and 640.5 of the Penal Code
when so authorized by an ordinance adopted by the board.

(e) Nothing in this section shall affect any rights or immunities
conferred pursuant to Section 836.5 of the Penal Code.

SEC. 2.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

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