BILL NUMBER: SB 1236 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 24, 2014
INTRODUCED BY Senator Monning
FEBRUARY 20, 2014
An act to add amend Section 830.14 of the
Penal Code, and to amend Section 98120 to
99170 of the Public Utilities Code, relating to transit
districts .
LEGISLATIVE COUNSEL'S DIGEST
SB 1236, as amended, Monning. Santa Cruz Metropolitan
Transit District. Transit districts: transit offenses
and enforcement.
(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.
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.
(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.
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.
(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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
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.
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.
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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 830.14 of the Penal
Code is amended to read:
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.
(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.
(f)
(g) Persons authorized pursuant to this section to
enforce subdivisions (a) to (d), inclusive, of Section 640 , or
Section 640.5, or Section 99170 of the Public Utilities Code,
shall complete a specialized fare compliance course which
that 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
, and, as applicable, the c rimes enumerated in Section
640.5, and Section 99170 of the Public Utilities Code .
(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.
(g)
(h) 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.
(h)
(i) 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.
(i)
(j) 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.
SEC. 2. Section 99170 of the Public
Utilities Code is amended to read:
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.
(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.
(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.
(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.
(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.
(g)
(f) 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.
SEC. 3. 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.
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.