BILL NUMBER: SB 1236	ENROLLED
	BILL TEXT

	PASSED THE SENATE  MAY 8, 2014
	PASSED THE ASSEMBLY  AUGUST 7, 2014
	AMENDED IN SENATE  APRIL 24, 2014

INTRODUCED BY   Senator Monning

                        FEBRUARY 20, 2014

   An act to amend Section 830.14 of the Penal Code, and to amend
Section 99170 of the Public Utilities Code, relating to transit
districts.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1236, Monning. 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.


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.
   (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 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 crimes 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.
   (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.
   (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.
   (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) 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.