Fare evasion to no longer be a crime for minors in California

BART police Sgt. Jason Scott writes down personal information given by a young man that he detained for fare evasion at the Coliseum BART station in Oakland, CA, in this file photo from January 31, 2014. New California legislation ends criminal penalties for transit fare evasion by those under 18. less BART police Sgt. Jason Scott writes down personal information given by a young man that he detained for fare evasion at the Coliseum BART station in Oakland, CA, in this file photo from January 31, ... more Photo: Michael Short, Special To The Chronicle Photo: Michael Short, Special To The Chronicle Image 1 of / 3 Caption Close Fare evasion to no longer be a crime for minors in California 1 / 3 Back to Gallery

Transit riders in California who get caught sidestepping fare gates or payment boxes have to pay what they owe, plus a fine. But as of next year, minors who evade transit fares won’t be charged with crimes.

Gov. Jerry Brown signed legislation Monday that ends criminal penalties for transit fare evasion by those under 18, although youthful scofflaws will still have to pay administrative fines. That system is already in place for all customers in San Francisco and Los Angeles County.

The new law, SB882, “will prevent youths from being drawn into the criminal justice system simply because they can’t pay to ride the bus or train,” said state Sen. Bob Hertzberg, D-Van Nuys, the bill’s author. He said youngsters charged with even minor crimes are far more likely than their classmates to drop out of school.

As a crime, fare evasion is an infraction punishable by a fine of up to $250. A third conviction can be charged as a misdemeanor, with a sentence of up to 90 days in jail.

State law allows transit systems to handle fare evasion in civil court, which can require violators to make the same payments without leaving them with a criminal record. Only San Francisco and Los Angeles County, the first two municipal transportation agencies authorized to use the civil system, have adopted it, according to a legislative staff analysis of the bill.

The Youth Justice Coalition, a co-sponsor of SB882, said fare evasion was the most frequent criminal charge against juveniles in Los Angeles County three years ago, when the group began a campaign for decriminalization.

Because the offense is nearly always committed by those who can’t afford to pay transit fares, “addressing fare evasion through the Penal Code essentially criminalizes youth for poverty,” the coalition said in a statement to lawmakers.

Police chiefs and sheriffs opposed the bill, along with the California Transit Association, which represents local transit agencies. A new administrative system would be expensive to implement, the association told lawmakers, and until the local agencies could establish such systems, “fare payment by minors would become merely a suggestion.”

Bob Egelko is a San Francisco Chronicle staff writer. Email: begelko@sfchronicle.com Twitter: @egelko