BILL ANALYSIS �
SB 1236
Page 1
Date of Hearing: June 16, 2014
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
SB 1236 (Monning) - As Amended: April 24, 2014
SENATE VOTE : 35-0
SUBJECT : Transit districts: transit offenses and enforcement.
SUMMARY : Authorizes transit districts to designate employees,
other than drivers, or security officers contracted by the
district to enforce specified infractions on transit vehicles
and district property. Specifically, this bill :
1)Authorizes transit districts to designate employees, except
for union-represented employees employed to drive
revenue-generating transit vehicles, or security officers
contracted by the district, to enforce various infractions
established in state law on transit vehicles and district
property.
2)Makes it an infraction to knowingly give false information to
a transit district employee or a contracted security officer
engaged in the enforcement of a district ordinance or state
law or otherwise obstruct the issuance of a citation for the
violation of a district ordinance or a state law.
3)Makes it an infraction to 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.
EXISTING LAW :
1)Pursuant to Penal Code Sections 640, makes it an infraction
for a person to engage in any of the following activities in a
vehicle or facility of any transit district:
a) Fare evasion;
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
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present acceptable proof of eligibility to use a discount
ticket;
d) Eating, drinking, or smoking in areas where the system
operator has prohibited those activities;
e) Expectorating;
f) Skateboarding, roller skating, bicycle riding, or roller
blading, except as necessary for utilization of the transit
facility by a bicyclist;
g) The sale or peddling of goods, merchandise, property, or
services without written consent if the public
transportation system has prohibited those acts; and,
h) Disturbing another person by loud or unreasonable noise.
2)Pursuant to Penal Code Section 640, makes it an infraction for
a person to deface transit district facilities or vehicles
with graffiti.
3)Pursuant to Public Utilities Code Section 99170, makes it an
infraction for a person to do any of the following with
respect to the property, facilities, or vehicles of a transit
district:
a) Operate, interfere with, enter into, or climb on or in
the property, facilities, or vehicles of the transit
district without permission;
b) Interfere with the operator or operation of a transit
vehicle, or impede the safe boarding or alighting of
passengers;
c) Extend any portion of the body through a window opening
of a transit vehicle in a manner that may cause harm or
injury;
d) Throw an object from a transit vehicle;
e) Commit an act or engage in a behavior that may, with
reasonable foreseeability, cause harm or injury to any
person or property; and,
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f) 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.
4)Authorizes the Altamont Commuter Express Authority, the
Peninsula Corridor Joint Powers Board (Caltrain), Foothill
Transit, and the Sacramento Regional Transit District to
contract with designated persons or designate employees to
enforce relevant provisions of Penal Code Section 640,
provided that the designated individuals complete a required
training course.
FISCAL EFFECT : Unknown
COMMENTS : Existing law allows several transit operators to
designate employees or contractors to issue citations for
various infractions listed in Penal Code Section 640, but not
those listed in Penal Code Section 640.5 and Public Utilities
Code Section 99170. Designated individuals must complete a
specialized training course and are not considered peace
officers and have no authority to carry weapons or exercise the
powers of arrest. Other transit operators must rely entirely on
city or county law enforcement to issue citations for
infractions.
This bill authorizes all transit districts to designate district
employees, other than bus drivers, or security officers
contracted by the district to issue citations for infractions on
transit vehicles and on district property. The bill additionally
establishes two additional infractions, including knowingly
giving false information or obstructing the issuance of a
citation for the violation of a district ordinance or state law
and violating district rules relating to boarding a transit
vehicle with a bicycle.
According to the author, it is imperative that transit users
feel safe and secure. Many transit operators, however, must
contact their local law enforcement agencies to enforce
infractions on transit vehicles or in stations, which is
burdensome on understaffed law enforcement agencies if they can
respond at all. This bill will help transit operators increase
safety on their vehicles without creating additional burdens on
local law enforcement.
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REGISTERED SUPPORT / OPPOSITION :
Support
Santa Cruz Metropolitan Transit District (sponsor)
California Transit Association
Capitola Police Department
City of Santa Cruz
County of Santa Cruz
Santa Cruz Police Department
Scotts Valley Police Department
SEIU Local 521
United Transportation Union Local 23
Watsonville Police Department
Opposition
None on file
Analysis Prepared by : Anya Lawler / TRANS. / (916) 319-2093