Bill Tracker

SB 614 (Hertzberg) Public transportation agencies: administrative penalties

Position:Watch
Status:Chaptered
Summary:
Existing law makes it a crime, punishable as an infraction or misdemeanor, as applicable, for a person to commit certain acts on or in a facility or vehicle of a public transportation system. Existing law authorizes a public transportation agency to adopt and enforce an ordinance to impose and enforce civil administrative penalties for fare evasion and other passenger misconduct on or in a transit facility or vehicle in lieu of the criminal penalties otherwise applicable. In setting the amounts of administrative penalties for fare evasion and other passenger misconduct violations, existing law prohibits a public transportation agency from establishing penalty amounts that exceed the maximum penalty amount established for the criminal penalties. Existing law requires these administrative penalties to be deposited in the general fund of the county in which the citation is administered.  This bill would instead require the administrative penalties to be deposited with the public transportation agency that issued the citation. In setting the amount of administrative penalties for fare evasion and other passenger misconduct violations, the bill would instead prohibit a public transportation agency from establishing penalty amounts that exceed $125 upon a first or 2nd violation and $200 upon a 3rd or subsequent violation.
 
Existing law provides, following a determination by a hearing officer that a person has committed a fare evasion or passenger conduct violation, that the hearing officer may allow payment of the fare evasion or passenger conduct penalty in installments or deferred payment if the person provides satisfactory evidence of an inability to pay the fare evasion or passenger conduct penalty in full. Existing law also provides that if authorized by the issuing agency, the hearing officer may permit the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty.
This bill would instead require an issuing agency to permit the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty but would limit this option to persons under 18 years of age and persons who provide satisfactory evidence of an inability to pay the fare evasion or passenger conduct penalty in full.

 

 

Comments:

This bill is Sponsored by the California Transit Association

CTA Summary:  SB 614 (Hertzberg) would enable transit agencies who implement an administrative process to capture the fine revenue from all administrative citations issued under Public Utilities Code Section 99580. This bill will be amended soon to also reduce the maximum fines allowed under the administrative process and allow for low-income individuals and minors to opt for community service in lieu of payment of the citation. This bill is co-sponsored with the Western Center on Law and Poverty.

More Info:Legislative Website Info
Last Updated:September 20, 2017