•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A09700 Summary:

BILL NOA09700
 
SAME ASNo Same As
 
SPONSORQuart
 
COSPNSR
 
MLTSPNSR
 
Amd 1209-a, Pub Auth L
 
Relates to the maximum penalty for fare evasion.
Go to top

A09700 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9700
 
SPONSOR: Quart
  TITLE OF BILL: An act to amend the public authorities law, in relation to the maximum penalty for fare evasion   PURPOSE OR GENERAL IDEA OF BILL: This bill would amend the theft of services law in regards to Public Law 165.15.03 which allows for fines and/or criminal charges to be issued for fare evasion of MTA buses or subway. Specifically, this bill seeks to suspend the issuance of fines and/or criminal charges to fare evad- ers.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends subdivision 4 of paragraph B of Section 1209-A of the public authorities law to include that the rules and regulations for the maximum penalty for the failure to make a payment for fare be equivalent to the cost of the fare that was evaded. Section 2 sets the effective date.   JUSTIFICATION: In 2016, 100,000 New Yorkers were stopped by New York City Police Department officers for jumping a turnstile. Most were given civil summons, but of the 100,000, a startling 26,000 were arrested. Prose- cuting a New Yorker for theft of services in the amount of $2.75 is the definition of criminalizing poverty. New Yorkers who are arrested for turnstile jumping face a criminal record, ruined job prospects, immi- gration consequences and the loss of parental rights. Even more alarm- ing - almost 92% of those arrested were people of color. It is clear that in these cases, the punishment does not fit the crime. We are not arguing that this act be overlooked, but that a justifiable penalty be considered. Currently, the two penalties in place are either incarceration or a $100 fine. The decision is at the discretion of the arresting officer, with no accountability for the increasing impact these arrests have on New Yorkers of color and New Yorkers living in poverty. The act of incarceration or a fine of $100 does not justify the penalty for fare evasion.   PRIOR LEGISLATIVE HISTORY: This is a new bill   FISCAL IMPLICATIONS: TBD   EFFECTIVE DATE: This act shall take effect immediately.
Go to top

A09700 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9700
 
                   IN ASSEMBLY
 
                                    February 2, 2018
                                       ___________
 
        Introduced  by M. of A. QUART -- read once and referred to the Committee
          on Corporations, Authorities and Commissions
 
        AN ACT to amend the public authorities law, in relation to  the  maximum
          penalty for fare evasion
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph b of subdivision  4  of  section  1209-a  of  the
     2  public  authorities  law, as amended by chapter 460 of the laws of 2015,
     3  is amended to read as follows:
     4    b. To impose civil penalties not to exceed  a  total  of  one  hundred
     5  fifty  dollars  for  any  transit infraction within its jurisdiction, in
     6  accordance with a penalty schedule established by the authority  or  the
     7  metropolitan transportation authority or a subsidiary thereof, as appli-
     8  cable,  provided,  however,  that the maximum penalty for the failure to
     9  make a payment of fare as defined in section 1050.4 of title  twenty-one
    10  of  the New York codes, rules and regulations shall be equal to the cost
    11  of the fare that was evaded, except that penalties for violations of the
    12  health code of the city of New York shall  be  in  accordance  with  the
    13  penalties  established for such violations by the board of health of the
    14  city of New York, and penalties for violations of the noise code of  the
    15  city  of  New York shall be in accordance with the penalties established
    16  for such violations by law, and civil penalties for  violations  of  the
    17  rules  and  regulations  of  the  triborough bridge and tunnel authority
    18  shall  be  in  accordance  with  the  penalties  established  for   such
    19  violations by section twenty-nine hundred eighty-five of this chapter;
    20    § 2. This act shall take effect immediately.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13368-01-7
Go to top