Governor Gavin Newsom vetoed a bill that would have decriminalized fare evasion on public transportation.
On Sunday, Newsom vetoed Assembly Bill 819, a bill introduced by Assemblyman Isaac Bryan (D-Los Angeles). Under the bill, it 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.
As part of his veto message, Governor Newsom acknowledged that fare evasion could contribute to an increase in crime on transit. The bill passed the State Senate in a 28-9 vote as well as the State Assembly in a 62-12 vote.
OCT O8 2023
To the Members of the California State Assembly:
I am returning Assembly Bill 819 without my signature.
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.
Given this reason, I cannot sign this bill.
Sincerely,
Gavin Newsom
Bay Area Rapid Transit Director Debora Allen offered the Governor a “A big THANK YOU” for rejecting the decriminalization of fare evasion on transit as it would have impacted the not only public safety, but the financials of BART.
Back in July, the Bay Area Rapid Transit Board of Directors voted 5-3 to oppose AB 819. According to data provided by Bart Police Department, the department issued approximately 2,350 citations for fare evasion in 2021 and approximately 1,800 citations in 2022. In 2021, 48 cases, or approximately 2% of all citations, were associated with a misdemeanor for fare evasion compared to 26 cases, or approximately 1.4% of citations, in 2022.
At the meeting, Allen led the charge to oppose AB 819.
“I oppose this bill so strongly,” stated Allen. “Every time we remove the ability for our police officers to charge a misdemeanor in a limited number of instances where its warranted for serial fare evasion, we are essentially turning the other way and I think we are sending a message to the men and women out there in our system trying to keep the peace,” explained Allen. “We are sending a message to the riders that says BART doesn’t care. Once we lose this provision, we will never get it back because its decriminalization.”
Allen contends the public has spoken loudly about the lack of enforcement of laws in the BART system and this bill would take away another provision or they took a weak “no position” on the bill.
“If we have no position sitting at this dais, it means we don’t care,” stated Allen who explained she believed everyone on the board cared, but for some reason they have not cared enough to talk about AB 819 until they have one committee meeting left before it hits the senate before going to the governors office. “I can’t help but say we can prevent some of the bad behavior in our system by getting tougher on fare evasion.”
The board then voted 5-3 to oppose AB 819:
- Opposed AB 819: Debora Allen, Robert Raburn, John McPartland, Mark Foley and Bevan Dufty
- Supported AB 819: Janice Li, Rebecca Saltzman and Lateefah Simon
- Absent: Liz Ames
July 28 – BART Board Opposes Bill to Decriminalize Fare Evasion
3 comments
Why the f@ck would anybody want a bill that decriminalizes fare evasion?
Common sense except for the legislator who introduced the bill. How shameful.
What is really sad are the lopsided majority votes to pass this idiocy. The progressive-libs still don’t want to face up to the consequences of their policies. Their method of reducing crime rates is to decriminalize everything.
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