Existing law makes it a crime, punishable as an infraction and subsequently as a misdemeanor, for an adult to evade payment of a fare of a public transportation system, the misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare, or the unauthorized use of a discount ticket, as specified. Under existing law, a 3rd or subsequent violation of fare evasion or other listed associated violations is a misdemeanor and punishable by a fine of up to $400 or by imprisonment in a county jail for a period of not more than 90 days, or both.

This bill would no longer categorize as a misdemeanor a 3rd or subsequent violation, by an adult, of evading the payment of a fare of a public transportation system, the misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare, or the unauthorized use of a discount ticket, and would make a 3rd or subsequent violation punishable only by a fine of up to $400.

Existing law makes it a crime, punishable as an infraction and subsequently as a misdemeanor, for an adult to evade payment of a fare of a public transportation system, the misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare, or the unauthorized use of a discount ticket, as specified. Under existing law, a 3rd or subsequent violation of fare evasion or other listed associated violations is a misdemeanor and punishable by a fine of up to $400 or by imprisonment in a county jail for a period of not more than 90 days, or both.

This bill would no longer categorize as a misdemeanor a 3rd or subsequent violation, by an adult, of evading the payment of a fare of a public transportation system, the misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare, or the unauthorized use of a discount ticket, and would make a 3rd or subsequent violation punishable only by a fine of up to $400.

GOVERNOR'S VETO

GV Bill Id:AB 819

Author:(Bryan)

As Enrolled Ver:September 8, 2023

2/3 vote

SUMMARY

Provides that a third or subsequent fare evasion violation, as specified, is no longer a misdemeanor punishable by imprisonment in county jail for a period of not more than 90 days, and shall be a fine of not more than $400.

Governor’s Veto Message

This bill would provide that a third or subsequent fare evasion violation is no longer a misdemeanor punishable by imprisonment in county jail for a period of not more than 90 days and make it a fine of not more than $400.

Fare evasion continues to be an issue for transit operators across the state, costing them tens of millions of dollars a year. According to one operator, the bulk of the crimes committed in their system are committed by people who have not paid a fare. I cannot take an action to reduce penalties on fare evasion that could, in turn, contribute to an increase in crime on transit.

COMMENTS

Need for the Bill: Under current law, a first or second fare evasion violation is an infraction punishable by a fine of up to $250 and up to 48 hours of community service. A third or subsequent fare evasion violation is a misdemeanor punishable by a fine of up to $400 or by up to 90 days in county jail, or both. Under this bill, a third or subsequent fare evasion violation would no longer be a misdemeanor with potential imprisonment in county jail. Instead, a third or subsequent violation would be only an infraction punishable by a $400 fine.

The consequences for fare evasion can be harsh. They are generally more severe than for similar violations, such as toll violations or parking violations. (See e.g., Vehicle Code Section 40200(a) [standing or parking violation is subject to a civil penalty].) Unlike those other violations, a fare evasion violation could result in 90 days in county jail. For undocumented people, a violation may result in deportation. Moreover, according to one report, "Studies from across the country have shown that fare enforcement disproportionately targets black and brown people, and that people of color face harsher penalties when they were stopped." (Transit Center, A Fare Framework: How transit agencies can set fare policy based on strategic goals, (Oct. 2, 2019) p. 14 <https://transitcenter.org/wp-content/uploads/2019/10/FareFramework-1.pdf> [last visited Mar. 15, 2023].)

The harshness of the penalties and the disparities in their application have led researchers, advocates, and transit agencies to question the utility of continuing to criminalize fare evasion. According to recent report by the Transit Cooperative Research Program, "There is also an increasing interest among organizations such as transit agencies and transit and social justice advocates in decriminalizing fare evasion to address concerns that criminal citations are criminalizing poverty and to better align penalties for fare evasion with the severity of the offense." (Transit Cooperative Research Program, Report 234, Measuring and Managing Fare Evasion, (2022) p. 7 <https://nap.nationalacademies.org/read/26514/chapter/1> [last visited Mar. 15, 2023.]) It added, "Among the issues are the appropriateness of criminal penalties and the possibility of a criminal record relative to the price of transit fare as well as the affordability and equity of potentially sizable fines for individuals with low or no income. Attitudes about fare enforcement and penalties are changing, particularly where fare evasion entails criminal penalties." (Id. at pp. 7-8.)

In 2010, the San Francisco Municipal Transportation Agency (SFMTA) decriminalized fare evasion. Since that time, "SFMTA has not seen measurable increases in fare evasion, nor has it seen revenue decreases affecting the agency's bottom line." (Transit Center, supra, at p. 14.)

SB 882 (Hertzberg), Chapter 167, Statutes of 2016, provided that minors are not subject to criminal penalties for evading a transit fare. Instead, fare evasion by a minor may result in an administrative fee of $125 for a first or second offense or $200 for a third or subsequent offense. (Penal Code Section 640(g)) This bill would limit the penalty for fare evasion by an adult to a $400 fine, eliminating the classification of the offense as a misdemeanor and the possibility of incarceration in county jail for a violation.

According to the Author

"Enforcement of fare evasion is discriminatory. People who face criminal charges for not paying their transit fare are disproportionately people of color. Today, people who evade fare 3 times, can be charged $400 in fines, spend up to 90 days in jail, or both. It costs $245 a day to incarcerate someone in LA County jail. The cost of incarcerating someone for 90 days in jail could pay for 37 years of LA Metro monthly passes.

"AB 819 will remove the option of incarcerating and charging someone with a misdemeanor for fare evasion. Studies from across the country have shown that fare enforcement disproportionately targets black and brown people, and they face harsher penalties when they are stopped. Removing harmful policies from state law will guide California into a more equitable future."

Arguments in Support

According to Streets for All, "Enforcement of fare evasion is discriminatory. People who face criminal charges for not paying their transit fare are disproportionately people of color. Today, people who evade fare 3 times, can be charged $400 in fines, spend up to 90 days in jail, or both. These numbers just don't add up. It costs $245 a day to incarcerate someone in LA County jail. The cost of incarcerating someone for 90 days in jail could pay for 37 years of LA Metro monthly passes.

"Fare evasion violations disproportionately impact low income riders of color. Studies in Los Angeles as well as Washington DC, New York City, Portland, Minneapolis, Seattle, and Cleveland have shown that fare enforcement disproportionately targets black and brown communities, and that people of color face harsher penalties when they are stopped. In Washington, a report found that 91% of citations and summonses were issued to Black people.

"In 2010, the San Francisco Municipal Transportation Agency (SFMTA) decriminalized fare evasion. 'In the nearly 10 years since this decision, SFMTA has not seen measurable increases in fare evasion, nor has it seen revenue decreases affecting the agency's bottom line.'

"The Labor Community Strategy Center presents figures that show from each year from 2012 to 2015, black riders—who make up about 19% of all bus and rail riders—were hit with more than 50% of all fare evasion tickets. 'The records that we have been able to get so far indicate that there is disparate treatment, and that African Americans are stopped more regularly, ticketed, and arrested.'

"AB 819 will remove the option of incarcerating and charging someone with a misdemeanor for fare evasion. Studies from across the [United States] have shown that fare enforcement disproportionately targets black and brown people, and they face harsher penalties when they are stopped. Removing harmful policies from state law will guide California into an equitable future."

Arguments in Opposition

According to Foothill Transit: "Foothill Transit continues to utilize and contract the services of the Los Angeles County Sheriff's Department (LASD) to address social problems and challenges beyond the capacity or authority of Foothill Transit personnel, including that of mitigating fare evasion. This contracted services is particularly important in considering the aspect of transit operator safety. The Foothill Transit team effectively uses LASD's supplemental law services to help operators focus on delivering transit services while LASD helps provide mitigation efforts to address fare evasion.

"AB 819, however, would lessen the effectiveness of Foothill Transit's contracted services with the LASD by diminishing their ability to make it unattractive to those who repeatedly evade the fare box. Reducing penalties for the offense of evading transit fares would make it increasingly challenging for Foothill Transit to enforce payment of fares."

FISCAL COMMENTS

According to the Assembly Appropriations Committee, "Negligible state costs, if any, as the bill does not reduce the amount of the maximum fine for a third or subsequent violation of fare evasion."

VOTES

ASM PUBLIC SAFETY: 7-1-0

YES: Jones-Sawyer, Alanis, Bonta, Bryan, Ortega, Santiago, Zbur

NO: Lackey

ASM APPROPRIATIONS: 12-4-0

YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Robert Rivas, Weber, Wilson

NO: Megan Dahle, Dixon, Mathis, Sanchez

ASSEMBLY FLOOR: 62-12-6

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

NO: Chen, Megan Dahle, Davies, Dixon, Essayli, Flora, Vince Fong, Lackey, Muratsuchi, Jim Patterson, Sanchez, Ta

ABS, ABST OR NV: Bauer-Kahan, Friedman, Gallagher, Mathis, Joe Patterson, Waldron

SENATE FLOOR: 29-8-3

YES: Allen, Archuleta, Ashby, Atkins, Becker, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Gonzalez, Laird, Limón, McGuire, Menjivar, Min, Newman, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener

NO: Alvarado-Gil, Dahle, Glazer, Jones, Nguyen, Niello, Seyarto, Wilk

ABS, ABST OR NV: Blakespear, Grove, Hurtado

UPDATED

VERSION: September 8, 2023

CONSULTANT: Andrew Ironside / PUB. S. / (916) 319-3744 FN: 0002561

THIRD READING  

Bill No: AB 819

Author: Bryan (D)

Introduced: 2/13/23

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 5-0, 6/13/23

AYES: Wahab, Ochoa Bogh, Bradford, Skinner, Wiener

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 62-12, 5/15/23 - See last page for vote

SUBJECT: Crimes: public transportation: fare evasion

SOURCE: Streets for All

DIGEST:

This bill provides that a third or subsequent fare evasion violation, as specified, is no longer a misdemeanor punishable by imprisonment in county jail for a period of not more than 90 days, and shall be a fine of not more than $400.

ANALYSIS:

Existing law:

1. Provides that the following acts are, upon a first or second violation, an 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:
   1. Evasion of the payment of a fare of the system, including entering an enclosed area of a public transit facility beyond posted signs prohibiting entrance without obtaining a fare or entering a transit vehicle without valid fare;
   2. Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare; and,
   3. 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, as specified. (Penal Code § 640 (a)(1) & (c)(1)-(3).)
2. Provides that a third or subsequent violation of the above acts is a misdemeanor punishable by a fine of not more than $400, or by imprisonment in a county jail for a period of not more than 90 days, or both that fine and imprisonment. (Penal Code § 640 (a)(1).)
3. Provides that 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:
   1. Eating or drinking in or on a system facility or vehicle in areas where those activities are prohibited by that system;
   2. Playing unreasonably loud sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise;
   3. Smoking in or on a system facility or vehicle in areas where those activities are prohibited by that system;
   4. Expectorating upon a system facility or vehicle;
   5. Skateboarding, roller skating, bicycle riding, roller blading, or operating a motorized scooter or similar device, as specified, in a system facility, vehicle, or parking structure; and,
   6. Selling or peddling goods. (Penal Code § 640 (a)(1) & (b)(1)-(6).)
4. Provides that the following acts are punishable by a fine of not more than $400, by imprisonment in a county jail for a period of not more than 90 days, or by both a that fine and imprisonment:
   1. Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior;
   2. Carrying an explosive, acid, or flammable liquid in a public transit facility or vehicle;
   3. Urinating or defecating in a system facility or vehicle, except in a lavatory, unless the person cannot comply with this prohibition because of a disability, age, or a medical condition;
   4. Willfully blocking the free movement of another person in a system facility or vehicle; and,
   5. Willfully tampering with, removing, displacing, injuring, or destroying any part of a facility or vehicle of a public transportation system. ((Penal Code § 640 (a)(1)) & (d)(1)-(5).)

This bill no longer categorizes as a misdemeanor a third or subsequent violation, by an adult, of evading the payment of a fare of a public transportation system, the misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare, or the unauthorized use of a discount ticket, and makes a third or subsequent violation punishable only by a fine of up to $400.

Comments

According to the author:

Enforcement of fare evasion is discriminatory. People who face criminal charges for not paying their transit fare are disproportionately people of color. Today, people who evade fare 3 times, can be charged $400 in fines, spend up to 90 days in jail, or both. It costs $245 a day to incarcerate someone in LA County jail. The cost of incarcerating someone for 90 days in jail could pay for 37 years of LA Metro monthly passes.

AB 819 will remove the option of incarcerating and charging someone with a misdemeanor for fare evasion. Studies from across the country have shown that fare enforcement disproportionately targets black and brown people, and they face harsher penalties when they are stopped. Removing harmful policies from state law will guide California into a more equitable future."

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 6/26/23)

Streets for All (source)

Active San Gabriel Valley

Alameda-Contra Costa Transit District

California Bicycle Coalition

California Public Defenders Association

Culver City Democratic Club

Happy City Coalition

Marin County Bicycle Coalition

National Association of Social Workers, California Chapter

Norwalk Unides

San Diego County Bicycle Coalition

San Francisco Bicycle Coalition

Seamless Bay Area

Urban League - Greater Sacramento

OPPOSITION: (Verified 6/26/23)

BART Police Officers’ Association

Foothill Transit

San Francisco Bay Area Rapid Transit District, Board of Director, Debra Allen

ARGUMENTS IN SUPPORT: The National Association of Social Workers, California Chapter supports this bill stating:

This bill is a commonsense criminal justice reform for a very minor offense. Punishing someone with imprisonment for evading a fare with possible jail time is not equal to the crime and represents our failed policies of over incarceration. In addition, according to the analysis: "Studies from across the country have shown that fare enforcement disproportionately targets black and brown people, and that people of color face harsher penalties when they were stopped." (Transit Center, A Fare Framework: How transit agencies can set fare policy based on strategic goals, (Oct. 2, 2019) p. 14 <https://transitcenter.org/wp-content/uploads/2019/10/FareFramework-1.pdf

ARGUMENTS IN OPPOSITION: The San Francisco Bay Area Rapid Transit District, Board of Director, Debra Allen, opposes this bill as an individual stating:

Under current law, a first or second fare evasion violation is an infraction punishable by a fine of up to $250 and up to 48 hours of community service. A third or subsequent fare evasion violation is a misdemeanor punishable by a fine of up to $400 or by up to 90 days in county jail, or both. AB819 would reduce existing penalties on the third offense from a misdemeanor and a fine to only a maximum of $400 fine for fare evasion.

BART is amid a severe financial crisis, now carrying about 40% of its pre-pandemic ridership, and BART lags the rest of the country in riders returning to our transit system. Our regular paying riders cite their concerns for their own public safety as the top reason they aren’t returning to BART. A recent poll conducted by the Bay Area Council indicated that our ridership returns much faster if BART was able to get the riders to feel safe again. Only 19% of respondents rated BART as safe and only 12% felt BART was doing a good job at enforcing fare payment. Survey after survey indicates that public safety is among the top reasons for riders choosing not to use BART. Now is not the time to reduce penalties for fare evasion and make the jobs of our public safety officers harder.

BART has data showing that the bulk of our crimes in the BART system are committed by people who have not paid a fare. The enforcement of fare evasion is one of several keys to making BART a safe system for our workers and riders. The reduction of penalties included in AB819 will be in direct conflict with our mitigation efforts to address fare evasion and make it increasingly challenging for BART Police Officers to address other criminal activity in the system.

ASSEMBLY FLOOR: 62-12, 5/15/23

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

NOES: Chen, Megan Dahle, Davies, Dixon, Essayli, Flora, Vince Fong, Lackey, Muratsuchi, Jim Patterson, Sanchez, Ta

NO VOTE RECORDED: Bauer-Kahan, Friedman, Gallagher, Mathis, Joe Patterson, Waldron

Prepared by: Mary Kennedy / PUB. S. /

7/3/23 16:14:42

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Aisha Wahab, Chair

2023 - 2024 Regular

Bill No: AB 819 Hearing Date: June 13, 2023

Subject: Crimes: public transportation: fare evasion

HISTORY

Source: Streets for All

Prior Legislation: AB 1337 (Lee), Chapter 534, Statutes of 2021

SB 882 (Hertzberg) Chapter 167, Stats. 2016

AB 869 (Cooper) 20015, died Senate Inactive

Support: California Public Defenders Association; Culver City Democratic Club; National Association of Social Workers, California Chapter

Opposition: Foothill Transit; Debra Allen, Board of Director, San Francisco Bay Area Rapid Transit District (BART)

Assembly Floor Vote: 62 - 12

PURPOSE

The purpose of this bill is to provide that a third or subsequent fare evasion violation, as specified, is no longer a misdemeanor punishable by imprisonment in county jail for a period of not more than 90 days, and shall be a fine of not more than $400.

Existing law provides that the following acts are, upon a first or second violation, an 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:

• 1. Evasion of the payment of a fare of the system, including entering an enclosed area of a public transit facility beyond posted signs prohibiting entrance without obtaining a fare or entering a transit vehicle without valid fare;
     
  2. Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare; and,
     
  3. 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, as specified. (Penal Code § 640 (a)(1) & (c)(1)-(3).)
     

Existing law provides that a third or subsequent violation of the above acts is a misdemeanor punishable by a fine of not more than $400, or by imprisonment in a county jail for a period of not more than 90 days, or both that fine and imprisonment. (Penal Code § 640 (a)(1).)

Existing law provides that 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:

1. Eating or drinking in or on a system facility or vehicle in areas where those activities are prohibited by that system;
   
2. Playing unreasonably loud sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise;
   
3. Smoking in or on a system facility or vehicle in areas where those activities are prohibited by that system;
   
4. Expectorating upon a system facility or vehicle;
   
5. Skateboarding, roller skating, bicycle riding, roller blading, or operating a motorized scooter or similar device, as specified, in a system facility, vehicle, or parking structure; and,
   
6. Selling or peddling goods. (Penal Code § 640 (a)(1) & (b)(1)-(6).)
   

Existing law provides that the following acts are punishable by a fine of not more than $400, by imprisonment in a county jail for a period of not more than 90 days, or by both a that fine and imprisonment:

• 1. Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior;
     
  2. Carrying an explosive, acid, or flammable liquid in a public transit facility or vehicle;
     
  3. Urinating or defecating in a system facility or vehicle, except in a lavatory, unless the person cannot comply with this prohibition because of a disability, age, or a medical condition;
     
  4. Willfully blocking the free movement of another person in a system facility or vehicle; and,
     
  5. Willfully tampering with, removing, displacing, injuring, or destroying any part of a facility or vehicle of a public transportation system. ((Penal Code § 640 (a)(1)) & (d)(1)-(5).)

This bill would no longer categorize as a misdemeanor a 3rd or subsequent violation, by an adult, of evading the payment of a fare of a public transportation system, the misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare, or the unauthorized use of a discount ticket, and would make a 3rd or subsequent violation punishable only by a fine of up to $400

COMMENTS

1. Need for This Bill

According to the author:

Enforcement of fare evasion is discriminatory. People who face criminal charges for not paying their transit fare are disproportionately people of color. Today, people who evade fare 3 times, can be charged $400 in fines, spend up to 90 days in jail, or both. It costs $245 a day to incarcerate someone in LA County jail. The cost of incarcerating someone for 90 days in jail could pay for 37 years of LA Metro monthly passes.

AB 819 will remove the option of incarcerating and charging someone with a misdemeanor for fare evasion. Studies from across the country have shown that fare enforcement disproportionately targets black and brown people, and they face harsher penalties when they are stopped. Removing harmful policies from state law will guide California into a more equitable future."

2. Reduces misdemeanor to infraction

Under current law, a first or second fare evasion violation is an infraction punishable by a fine of up to $250 and up to 48 hours of community service. A third or subsequent fare evasion violation is a misdemeanor punishable by a fine of up to $400 or by up to 90 days in county jail, or both. Under this bill, a third or subsequent fare evasion violation would no longer be a misdemeanor with potential imprisonment in county jail. Instead, a third or subsequent violation would be only an infraction punishable by a $400 fine.

The consequences for fare evasion can be harsh. They are generally more severe than for similar violations, such as toll violations or parking violations. (See e.g., Veh. Code, § 40200, subd. (a) [standing or parking violation is subject to a civil penalty].) Unlike those other violations, a fare evasion violation could result in 90 days in county jail. For undocumented people, a violation may result in deportation.

The harshness of the penalties and the disparities in their application have led researchers, advocates, and transit agencies to question the utility of continuing to criminalize fare evasion. According to recent report by the Transit Cooperative Research Program, “There is also an increasing interest among organizations such as transit agencies and transit and social justice advocates in decriminalizing fare evasion to address concerns that criminal citations are criminalizing poverty and to better align penalties for fare evasion with the severity of the offense.” (Transit Cooperative Research Program, Report 234, Measuring and Managing Fare Evasion, (2022) p. 7 <https://nap.nationalacademies.org/read/26514/chapter/1> [last visited Mar. 15, 2023.]) It added, “Among the issues are the appropriateness of criminal penalties and the possibility of a criminal record relative to the price of transit fare as well as the affordability and equity of potentially sizable fines for individuals with low or no income. Attitudes about fare enforcement and penalties are changing, particularly where fare evasion entails criminal penalties.” (Id. at pp. 7-8.)

In 2010, the San Francisco Municipal Transportation Agency (SFMTA) decriminalized fare evasion. Since that time, “SFMTA has not seen measurable increases in fare evasion, nor has it seen revenue decreases affecting the agency’s bottom line.” (Transit Center, supra, at p. 14.)

SB 882 (Hertzberg) provided that minors are not subject to criminal penalties for evading a transit fare. (Chapter 167, Statutes of 2016.) Instead, fare evasion by a minor may result in an administrative fee of $125 for a first or second offense or $200 for a third or subsequent offense. (Pen. Code, § 640, subd. (g).) This bill would limit the penalty for fare evasion by an adult to a $400 fine, eliminating the classification of the offense as a misdemeanor and the possibility of incarceration in county jail for a violation.

3. Argument in Support

The National Association of Social Workers, California Chapter supports this bill stating:

This bill is a commonsense criminal justice reform for a very minor offense. Punishing someone with imprisonment for evading a fare with possible jail time is not equal to the crime and represents our failed policies of over incarceration. In addition, according to the analysis: "Studies from across the country have shown that fare enforcement disproportionately targets black and brown people, and that people of color face harsher penalties when they were stopped." (Transit Center, A Fare Framework: How transit agencies can set fare policy based on strategic goals, (Oct. 2, 2019) p. 14 <https://transitcenter.org/wp-content/uploads/2019/10/FareFramework-1.pdf>

4. Argument in Opposition

Debra Allen, Board of Director, BART opposes this bill as an individual stating:

Under current law, a first or second fare evasion violation is an infraction punishable by a fine of up to $250 and up to 48 hours of community service. A third or subsequent fare evasion violation is a misdemeanor punishable by a fine of up to $400 or by up to 90 days in county jail, or both. AB819 would reduce existing penalties on the third offense from a misdemeanor and a fine to only a maximum of $400 fine for fare evasion.

BART is amid a severe financial crisis, now carrying about 40% of its pre-pandemic ridership, and BART lags the rest of the country in riders returning to our transit system. Our regular paying riders cite their concerns for their own public safety as the top reason they aren’t returning to BART. A recent poll conducted by the Bay Area Council indicated that our ridership returns much faster if BART was able to get the riders to feel safe again. Only 19% of respondents rated BART as safe and only 12% felt BART was doing a good job at enforcing fare payment. Survey after survey indicates that public safety is among the top reasons for riders choosing not to use BART. Now is not the time to reduce penalties for fare evasion and make the jobs of our public safety officers harder.

BART has data showing that the bulk of our crimes in the BART system are committed by people who have not paid a fare. The enforcement of fare evasion is one of several keys to making BART a safe system for our workers and riders. The reduction of penalties included in AB819 will be in direct conflict with our mitigation efforts to address fare evasion and make it increasingly challenging for BART Police Officers to address other criminal activity in the system.

-- END –

ASSEMBLY THIRD READING

ATR Bill Id:AB 819

Author:(Bryan)

As Introduced Ver:February 13, 2023

Majority vote

SUMMARY

Provides that a third or subsequent fare evasion violation, as specified, is no longer a misdemeanor punishable by imprisonment in county jail for a period of not more than 90 days, and shall be a fine of not more than $400.

Major Provisions

COMMENTS

Need for the Bill: Under current law, a first or second fare evasion violation is an infraction punishable by a fine of up to $250 and up to 48 hours of community service. A third or subsequent fare evasion violation is a misdemeanor punishable by a fine of up to $400 or by up to 90 days in county jail, or both. Under this bill, a third or subsequent fare evasion violation would no longer be a misdemeanor with potential imprisonment in county jail. Instead, a third or subsequent violation would be only an infraction punishable by a $400 fine.

The consequences for fare evasion can be harsh. They are generally more severe than for similar violations, such as toll violations or parking violations. (See e.g., Veh. Code, Section 40200, subd. (a) [standing or parking violation is subject to a civil penalty].) Unlike those other violations, a fare evasion violation could result in 90 days in county jail. For undocumented people, a violation may result in deportation. Moreover, according to one report, "Studies from across the country have shown that fare enforcement disproportionately targets black and brown people, and that people of color face harsher penalties when they were stopped." (Transit Center, A Fare Framework: How transit agencies can set fare policy based on strategic goals, (Oct. 2, 2019) p. 14 <https://transitcenter.org/wp-content/uploads/2019/10/FareFramework-1.pdf> [last visited Mar. 15, 2023].)

The harshness of the penalties and the disparities in their application have led researchers, advocates, and transit agencies to question the utility of continuing to criminalize fare evasion. According to recent report by the Transit Cooperative Research Program, "There is also an increasing interest among organizations such as transit agencies and transit and social justice advocates in decriminalizing fare evasion to address concerns that criminal citations are criminalizing poverty and to better align penalties for fare evasion with the severity of the offense." (Transit Cooperative Research Program, Report 234, Measuring and Managing Fare Evasion, (2022) p. 7 <https://nap.nationalacademies.org/read/26514/chapter/1> [last visited Mar. 15, 2023.]) It added, "Among the issues are the appropriateness of criminal penalties and the possibility of a criminal record relative to the price of transit fare as well as the affordability and equity of potentially sizable fines for individuals with low or no income. Attitudes about fare enforcement and penalties are changing, particularly where fare evasion entails criminal penalties." (Id. at pp. 7-8.)

In 2010, the San Francisco Municipal Transportation Agency (SFMTA) decriminalized fare evasion. Since that time, "SFMTA has not seen measurable increases in fare evasion, nor has it seen revenue decreases affecting the agency's bottom line." (Transit Center, supra, at p. 14.)

SB 882 (Hertzberg) provided that minors are not subject to criminal penalties for evading a transit fare. (Chapter 167, Statutes of 2016.) Instead, fare evasion by a minor may result in an administrative fee of $125 for a first or second offense or $200 for a third or subsequent offense. (Pen. Code, Section 640, subd. (g).) This bill would limit the penalty for fare evasion by an adult to a $400 fine, eliminating the classification of the offense as a misdemeanor and the possibility of incarceration in county jail for a violation.

According to the Author

"Enforcement of fare evasion is discriminatory. People who face criminal charges for not paying their transit fare are disproportionately people of color. Today, people who evade fare 3 times, can be charged $400 in fines, spend up to 90 days in jail, or both. It costs $245 a day to incarcerate someone in LA County jail. The cost of incarcerating someone for 90 days in jail could pay for 37 years of LA Metro monthly passes.

"AB 819 will remove the option of incarcerating and charging someone with a misdemeanor for fare evasion. Studies from across the country have shown that fare enforcement disproportionately targets black and brown people, and they face harsher penalties when they are stopped. Removing harmful policies from state law will guide California into a more equitable future."

Arguments in Support

According to Streets for All, "Enforcement of fare evasion is discriminatory. People who face criminal charges for not paying their transit fare are disproportionately people of color. Today, people who evade fare 3 times, can be charged $400 in fines, spend up to 90 days in jail, or both. These numbers just don't add up. It costs $245 a day to incarcerate someone in LA County jail. The cost of incarcerating someone for 90 days in jail could pay for 37 years of LA Metro monthly passes.

"Fare evasion violations disproportionately impact low income riders of color. Studies in Los Angeles as well as Washington DC, New York City, Portland, Minneapolis, Seattle, and Cleveland have shown that fare enforcement disproportionately targets black and brown communities, and that people of color face harsher penalties when they are stopped. In Washington, a report found that 91% of citations and summonses were issued to Black people.

"In 2010, the San Francisco Municipal Transportation Agency (SFMTA) decriminalized fare evasion. 'In the nearly 10 years since this decision, SFMTA has not seen measurable increases in fare evasion, nor has it seen revenue decreases affecting the agency's bottom line.'

"The Labor Community Strategy Center presents figures that show from each year from 2012 to 2015, black riders—who make up about 19% of all bus and rail riders—were hit with more than 50% of all fare evasion tickets. 'The records that we have been able to get so far indicate that there is disparate treatment, and that African Americans are stopped more regularly, ticketed, and arrested.'

"AB 819 will remove the option of incarcerating and charging someone with a misdemeanor for fare evasion. Studies from across the U.S. have shown that fare enforcement disproportionately targets black and brown people, and they face harsher penalties when they are stopped. Removing harmful policies from state law will guide California into an equitable future."

Arguments in Opposition

According to Foothill Transit: "Foothill Transit continues to utilize and contract the services of the Los Angeles County Sheriff's Department (LASD) to address social problems and challenges beyond the capacity or authority of Foothill Transit personnel, including that of mitigating fare evasion. This contracted services is particularly important in considering the aspect of transit operator safety. The Foothill Transit team effectively uses LASD's supplemental law services to help operators focus on delivering transit services while LASD helps provide mitigation efforts to address fare evasion.

"AB 819, however, would lessen the effectiveness of Foothill Transit's contracted services with the LASD by diminishing their ability to make it unattractive to those who repeatedly evade the fare box. Reducing penalties for the offense of evading transit fares would make it increasingly challenging for Foothill Transit to enforce payment of fares."

FISCAL COMMENTS

According to the Assembly Appropriations Committee, "Negligible state costs, if any, as the bill does not reduce the amount of the maximum fine for a third or subsequent violation of fare evasion."

VOTES

ASM PUBLIC SAFETY: 7-1-0

YES: Jones-Sawyer, Alanis, Bonta, Bryan, Ortega, Santiago, Zbur

NO: Lackey

ASM APPROPRIATIONS: 12-4-0

YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Robert Rivas, Weber, Wilson

NO: Megan Dahle, Dixon, Mathis, Sanchez

UPDATED

VERSION: February 13, 2023

CONSULTANT: Andrew Ironside / PUB. S. / (916) 319-3744 FN: 0000276

Date of Hearing: April 26, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 819

Author:(Bryan) – As Introduced Ver:February 13, 2023

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill provides that a third or subsequent violation for evasion of public transit system payment is no longer a misdemeanor punishable by imprisonment in county jail for a period of not more than 90 days, and shall be punishable by a fine of not more than $400 only.

FISCAL EFFECT:

Negligible state costs, if any, as the bill does not reduce the amount of the maximum fine for a third or subsequent violation of fare evasion.

COMMENTS:

1. Background and Purpose. Under current law, a first or second fare evasion violation is an infraction punishable by a fine of up to $250 and up to 48 hours of community service. A third or subsequent fare evasion violation is a misdemeanor punishable by a fine of up to $400 or by up to 90 days in county jail, or both. Under this bill, a third or subsequent fare evasion violation would no longer be a misdemeanor with potential imprisonment in county jail. Instead, a third or subsequent violation would be an infraction, punishable only by a $400 fine.

Many view the consequences for repeated fair evasion to be disproportionate to the offense and describe enforcement as uneven and discriminatory. According to the author:

People who face criminal charges for not paying their transit fare are disproportionately people of color. Today, people who evade fare 3 times, can be charged $400 in fines, spend up to 90 days in jail, or both. It costs $245 a day to incarcerate someone in LA County jail. The cost of incarcerating someone for 90 days in jail could pay for 37 years of LA Metro monthly passes.

AB 819 will remove the option of incarcerating and charging someone with a misdemeanor for fare evasion.

1. Prior Legislation. SB 882 (Hertzberg), Chapter 167, Statutes of 2016, provides that minors shall not be subject to criminal penalties for evading a transit fare.

Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081

Date of Hearing: March 21, 2023

Counsel: Andrew Ironside

ASSEMBLY COMMITTEE ON

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:

Author:() – As Ver:

SUMMARY:

Provides that a third or subsequent fare evasion violation, as specified, is no longer a misdemeanor punishable by imprisonment in county jail for a period of not more than 90 days, and shall be a fine of not more than $400.

EXISTING LAW:

1. Provides that the following acts are, upon a first or second violation, an 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:
   
   1. Evasion of the payment of a fare of the system, including entering an enclosed area of a public transit facility beyond posted signs prohibiting entrance without obtaining a fare or entering a transit vehicle without valid fare;
      
   2. Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare; and,
      
   3. 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, as specified. (Pen. Code, § 640, subds. (a)(1) & (c)(1)-(3).)
      
2. Provides that a third or subsequent violation of the above acts is a misdemeanor punishable by a fine of not more than $400, or by imprisonment in a county jail for a period of not more than 90 days, or both that fine and imprisonment. (Pen. Code, § 640, subd. (a)(1).)
   
3. Provides that 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:
   
   1. Eating or drinking in or on a system facility or vehicle in areas where those activities are prohibited by that system;
      
   2. Playing unreasonably loud sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise;
      
   3. Smoking in or on a system facility or vehicle in areas where those activities are prohibited by that system;
      
   4. Expectorating upon a system facility or vehicle;
      
   5. Skateboarding, roller skating, bicycle riding, roller blading, or operating a motorized scooter or similar device, as specified, in a system facility, vehicle, or parking structure; and,
      
   6. Selling or peddling goods. (Pen. Code, § 640, subds. (a)(1) & (b)(1)-(6).)
      
4. Provides that the following acts are punishable by a fine of not more than $400, by imprisonment in a county jail for a period of not more than 90 days, or by both a that fine and imprisonment:
   
   1. Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior;
      
   2. Carrying an explosive, acid, or flammable liquid in a public transit facility or vehicle;
      
   3. Urinating or defecating in a system facility or vehicle, except in a lavatory, unless the person cannot comply with this prohibition because of a disability, age, or a medical condition;
      
   4. Willfully blocking the free movement of another person in a system facility or vehicle; and,
      
   5. Willfully tampering with, removing, displacing, injuring, or destroying any part of a facility or vehicle of a public transportation system. ((Pen. Code, § 640, subds. (a)(1)) & (d)(1)-(5).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “Enforcement of fare evasion is discriminatory. People who face criminal charges for not paying their transit fare are disproportionately people of color. Today, people who evade fare 3 times, can be charged $400 in fines, spend up to 90 days in jail, or both. It costs $245 a day to incarcerate someone in LA County jail. The cost of incarcerating someone for 90 days in jail could pay for 37 years of LA Metro monthly passes.
   
   “AB 819 will remove the option of incarcerating and charging someone with a misdemeanor for fare evasion. Studies from across the country have shown that fare enforcement disproportionately targets black and brown people, and they face harsher penalties when they are stopped. Removing harmful policies from state law will guide California into a more equitable future.”
   
2. Need for the Bill: Under current law, a first or second fare evasion violation is an infraction punishable by a fine of up to $250 and up to 48 hours of community service. A third or subsequent fare evasion violation is a misdemeanor punishable by a fine of up to $400 or by up to 90 days in county jail, or both. Under this bill, a third or subsequent fare evasion violation would no longer be a misdemeanor with potential imprisonment in county jail. Instead, a third or subsequent violation would be only an infraction punishable by a $400 fine.

The consequences for fare evasion can be harsh. They are generally more severe than for similar violations, such as toll violations or parking violations. (See e.g., Veh. Code, § 40200, subd. (a) [standing or parking violation is subject to a civil penalty].) Unlike those other violations, a fare evasion violation could result in 90 days in county jail. For undocumented people, a violation may result in deportation. Moreover, according to one report, “Studies from across the country have shown that fare enforcement disproportionately targets black and brown people, and that people of color face harsher penalties when they were stopped.” (Transit Center, A Fare Framework: How transit agencies can set fare policy based on strategic goals, (Oct. 2, 2019) p. 14 <https://transitcenter.org/wp-content/uploads/2019/10/FareFramework-1.pdf> [last visited Mar. 15, 2023].)

The harshness of the penalties and the disparities in their application have led researchers, advocates, and transit agencies to question the utility of continuing to criminalize fare evasion. According to recent report by the Transit Cooperative Research Program, “There is also an increasing interest among organizations such as transit agencies and transit and social justice advocates in decriminalizing fare evasion to address concerns that criminal citations are criminalizing poverty and to better align penalties for fare evasion with the severity of the offense.” (Transit Cooperative Research Program, Report 234, Measuring and Managing Fare Evasion, (2022) p. 7 <https://nap.nationalacademies.org/read/26514/chapter/1> [last visited Mar. 15, 2023.]) It added, “Among the issues are the appropriateness of criminal penalties and the possibility of a criminal record relative to the price of transit fare as well as the affordability and equity of potentially sizable fines for individuals with low or no income. Attitudes about fare enforcement and penalties are changing, particularly where fare evasion entails criminal penalties.” (Id. at pp. 7-8.)

In 2010, the San Francisco Municipal Transportation Agency (SFMTA) decriminalized fare evasion. Since that time, “SFMTA has not seen measurable increases in fare evasion, nor has it seen revenue decreases affecting the agency’s bottom line.” (Transit Center, supra, at p. 14.)

SB 882 (Hertzberg) provided that minors are not subject to criminal penalties for evading a transit fare. (Chapter 167, Statutes of 2016.) Instead, fare evasion by a minor may result in an administrative fee of $125 for a first or second offense or $200 for a third or subsequent offense. (Pen. Code, § 640, subd. (g).) This bill would limit the penalty for fare evasion by an adult to a $400 fine, eliminating the classification of the offense as a misdemeanor and the possibility of incarceration in county jail for a violation.

1. Argument in Support: According to Streets for All, “Enforcement of fare evasion is discriminatory. People who face criminal charges for not paying their transit fare are disproportionately people of color. Today, people who evade fare 3 times, can be charged $400 in fines, spend up to 90 days in jail, or both. These numbers just don’t add up. It costs $245 a day to incarcerate someone in LA County jail. The cost of incarcerating someone for 90 days in jail could pay for 37 years of LA Metro monthly passes.
   
   “Fare evasion violations disproportionately impact low income riders of color. Studies in Los Angeles as well as Washington DC, New York City, Portland, Minneapolis, Seattle, and Cleveland have shown that fare enforcement disproportionately targets black and brown communities, and that people of color face harsher penalties when they are stopped. In Washington, a report found that 91% of citations and summonses were issued to Black people.
   
   “In 2010, the San Francisco Municipal Transportation Agency (SFMTA) decriminalized fare evasion. ‘In the nearly 10 years since this decision, SFMTA has not seen measurable increases in fare evasion, nor has it seen revenue decreases affecting the agency’s bottom line.’
   
   “The Labor Community Strategy Center presents figures that show from each year from 2012 to 2015, black riders—who make up about 19 percent of all bus and rail riders—were hit with more than 50 percent of all fare evasion tickets. ‘The records that we have been able to get so far indicate that there is disparate treatment, and that African Americans are stopped more regularly, ticketed, and arrested.’
   
   “AB 819 will remove the option of incarcerating and charging someone with a misdemeanor for fare evasion. Studies from across the U.S. have shown that fare enforcement disproportionately targets black and brown people, and they face harsher penalties when they are stopped. Removing harmful policies from state law will guide California into an equitable future.”
   
2. Argument in Opposition: None submitted
   
3. Related Legislation: AB 1735 (Low), extends the authority of the Santa Clara Valley Transportation Authority to issue prohibition orders to include the property, facilities, and vehicles upon which it owes policing responsibilities to a local government.
   
4. Prior Legislation:
   
   1. AB 1337 (Lee), Chapter 534, Statutes of 2021, extends the authority of specified transit district entities to issue prohibition orders to include the property, facilities, and vehicles upon which it owes policing responsibilities to a local government, and expands current law to make entering or remaining on those properties without permission a misdemeanor.
      
   2. SB 882 (Hertzberg), Chapter 167, Statutes of 2016, provides that minors shall not be subject to criminal penalties for evading a transit fare.
      
   3. AB 869 (Cooper), of the 2015-2016 Legislative Session, would have required the issuance of a notice of fare evasion or passenger conduct violation if a fare evasion or passenger conduct violation was observed by a person authorized to enforce the ordinance. AB 869 was held in the Senate inactive file.
      

REGISTERED SUPPORT / OPPOSITION:

Support

Streets for All (Sponsor)
Activesgv
Calbike
California Public Defenders Association (CPDA)
Marin County Bicycle Coalition
Norwalk Unides
San Diego County Bicycle Coalition
San Francisco Bicycle Coalition
The Happy City Coalition

Opposition

None

Analysis Prepared by: