House lawmakers narrowly approved a bill Tuesday that would prevent Oregon police officers from asking public transit riders for proof of fare or “conducting or participating” in fare enforcement missions.

Oregon’s House of Representatives approved the bill 31-27. The issue now goes to Senate lawmakers for consideration.

Rep. Diego Hernandez, D-Portland, said HB 4097 was inspired by a 2018 case in which one of his constituents was stopped and arrested on a TriMet platform and accused of fare evasion and giving false information to police. That case ultimately led a Multnomah County Circuit Court judge to determine that the transit agency’s random fare enforcement stops were likely unconstitutional and that the woman, Ana del Rocio, was “stopped and seized without individualized suspicion."

TriMet subsequently revised its code to clarify that fare evasion is not a crime and that riders suspected of fare evasion may only be issued a citation, not arrested or charged with a crime. It also took steps to remove police officers from actively handing out fare evasion tickets, which, the agency argues, was never a significant issue to begin with.

Hernandez said that his bill doesn’t prevent police officers from being present during fare stops nor limit their ability to enforce laws on the tri-county system, but they will have no ability to participate in fare stops.

He said the legislation would “help prevent racial profiling” and over-criminalization and policing of communities of color on the transit system.

“Public safety and civil liberties can go hand in hand,” he said Tuesday. Hernandez introduced a similar bill in the previous legislative session.

The bill, he noted, has no bearing on the agency’s existing fare enforcement missions conducted by non-law-enforcement staff. He added that public safety across the region was negatively affected by having officers diverted from other issues to respond to TriMet.

The transit agency isn’t buying it.

TriMet said it is “very concerned” about Hernandez’s bill, and officials said that it may effectively prevent police officers from intervening in tense situations.

“In responding to disturbances on buses and trains, police officers may check fares as a way of deescalating a situation or to determine if the person or persons involved have a valid fare to ride the system,” Roberta Altstadt, a TriMet spokeswoman, said in an email. “This is just like a police officer asking to see someone’s driver’s license if they are driving erratically.”

TriMet is concerned that the bill would unnecessarily take that tool away from police.

Altstadt said TriMet has had two independent analyses from academics that show that the transit service does not have a systemic issue with targeting people of color in fare stops.

Hernandez said the bill merely formalizes TriMet’s existing policies, which it explained last year when it beefed up its fare enforcement staff. “This bill just merely codifies their recent approach,” he said.

Altstadt said that’s not the case. She said TriMet has started a low-income fare program in recent years, reduced the citation amount for fare evasion and taken other steps to ensure riders know fare evasion is not a crime.

“What is it trying to solve?” she asked of the legislation. “This is not about police going out on the system harassing riders,” she said. “It’s not. That’s not happening.”

Hernandez said his next step is securing approval in the Senate.

-- Andrew Theen; atheen@oregonian.com; 503-294-4026; @andrewtheen

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