What's happening
This bill allows minors or low-income individuals charged with theft of transit services to choose community service instead of paying civil penalties.
Why it matters
Reduces financial burden on vulnerable populations. By allowing minors and low-income individuals to choose community service instead of paying fines for transit fare evasion, the bill helps prevent further financial hardship and potential cycles of debt that can result from unpaid penalties.
Promotes restorative justice. The option for community service emphasizes accountability and productive restitution to the community, rather than solely punitive financial measures, which may be more meaningful and effective for young or economically disadvantaged offenders.
Mitigates long-term negative impacts. Avoiding monetary penalties can help prevent lasting consequences such as damaged credit, barriers to employment, or escalation into the criminal justice system, especially for minors and those already facing economic insecurity.
Encourages equitable enforcement. The bill acknowledges the disproportionate impact of transit fines on low-income communities and seeks to create a fairer system by providing alternatives that consider individuals’ ability to pay.
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Who cares
Headline styles
End Jail for Fare Evasion
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ease Transit Fare Evasion Penalties
In Assembly Committee · Codes · Sponsor Tremaine Wright
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1134
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
Introduced by Sen. BENJAMIN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law and the public authorities law, in relation to theft of certain transit services
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 165.15 of the penal law is amended to read as follows:
3. With intent to obtain [railroad, subway, bus,] air[,] or taxi [or any other public transportation] service without payment of the lawful charge therefor, or to avoid payment of the lawful charge for such transportation service which has been rendered to him, he obtains or attempts to obtain such service or avoids or attempts to avoid payment therefor by force, intimidation, stealth, deception or mechanical tampering, or by unjustifiable failure or refusal to pay; or
§ 2. Paragraph b of subdivision 4 of section 1209-a of the public authorities law, as amended by chapter 460 of the laws of 2015, is amended to read as follows:
b. To impose civil penalties not to exceed a total of one hundred fifty dollars for any transit infraction within its jurisdiction, in accordance with a penalty schedule established by the authority or the metropolitan transportation authority or a subsidiary thereof, as applicable, except that for penalties for theft of services, the defendant may elect to perform community service in accordance with a schedule established by the authority as an alternative to payment of the civil penalty if such defendant is a minor or has a household income at or below two hundred fifty percent of the federal poverty line, and penalties for violations of the health code of the city of New York shall be in accordance with the penalties established for such violations by the board of health of the city of New York, and penalties for violations of the noise code of the city of New York shall be in accordance with the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00614-01-9
S. 1134 2
penalties established for such violations by law, and civil penalties for violations of the rules and regulations of the triborough bridge and tunnel authority shall be in accordance with the penalties established for such violations by section twenty-nine hundred eighty-five of this chapter;
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law and the public authori- ties law, in relation to theft of certain transit services
Purpose
The purpose of this legislation is decriminalize the offense of fare- beating by lowering the offense from a misdemeanor to a violation.
Summary of provisions
Section 165.18 provision 1 states a person is guilty of theft of transit service when on a railroad or subway service without payment for trans- portation.
Section 2 provision for an option for low-income individuals to do community service instead of paying a civil fine.
Existing law
Fare evasion is currently a Class A misdemeanor.
Justification
This bill will decriminalize transit theft by lowering the act from a misdemeanor to a to a violation. Fare-evasion, or transit theft, is currently the second-most likely cause for incarceration after possession of a controlled substance. An arrest and incarceration can change an individual's life for the worse, in particular because a misdemeanor remains on a person's record. Making matters worse, 92 % of farebeating arrests are against people of color. The over-penalization of fare-evasion thus has a discriminatory effect in that it overwhelm- ingly causes disproportionate harm against ethnic minorities.
Having a misdemeanor on one's record can be a life-long burden, affect- ing one's ability to get a job, a place to live, or go to school.
Legislative history
2017-18: S4841-C/A.9715-A
Fiscal implications
Saves incarceration and corrections costs.
Local fiscal implications
Saves incarceration and corrections costs
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.