Transit fare evasion and passenger misconduct: administrative adjudication.

Existing law provides that it is an infraction, punishable by a fine not to exceed $250 and by specified community service, to evade the payment of any fare of, or to engage in passenger misconduct on or in a facility or vehicle of, a public transportation system. Existing law authorizes the City and County of San Francisco and the Los Angeles County Metropolitan Transportation Authority to adopt and enforce an ordinance to impose and enforce civil administrative penalties for fare evasion or passenger misconduct, other than by minors, on or in a transit facility or vehicle in lieu of the criminal penalties, with specified administrative adjudication procedures for the imposition and enforcement of the administrative penalties, including an initial review and opportunity for a subsequent administrative hearing. Fare evasion and passenger misconduct violation penalties are deposited in the general fund of the City and County of San Francisco or the County of Los Angeles, as applicable. This bill would authorize the Santa Clara Valley Transportation Authority, the Sacramento Regional Transit District, Long Beach Transit, Foothill Transit, and the Alameda-Contra Costa Transit District to adopt and enforce a similar administrative adjudication ordinance. Fare evasion and passenger misconduct violation penalties would be deposited in the general fund of the county in which the citation is administered. This bill would make various other changes to these provisions that would be applicable to all 7 agencies. The bill would limit the amount of the administrative penalty to the maximum fine that may otherwise be imposed if the conduct were to be charged as an infraction and would provide that a person receiving an administrative citation may not also be charged with that infraction. The bill would require an issuing agency to adopt a written procedure for a person receiving a citation to request an administrative hearing without first paying the amount due, upon satisfactory proof of an inability to pay. The bill would expand the notification to be provided to the person by the issuing agency upon denial of an initial review of the citation. This bill would incorporate changes to Section 640 of the Penal Code made by AB 2324, to become operative only if both this bill and AB 2324 are enacted, and this bill is enacted last.