Prohibition Orders
Liseth Guizar
January 28, 2025
Item 10-A
January 28, 2025
Item 10-A
January 28, 2025
Prohibition
Orders – Senate
Bill 1417
Sponsored by Senator Ben Allen, SB 1417 permits the issuance of prohibition orders lasting from 30 days to one year for offenses that jeopardize the safety and comfort of Big Blue Bus passengers and employees.
Item 10-A
January 28, 2025
Item 10-A
January 28, 2025
Overview of Prohibition Order Program
To implement a prohibition order program, SB 1417 requires the following:
• Administrative Process: An appeals process will be established for those who believe they have been mistakenly cited or are transit-dependent.
• Oversight: Requires an advisory committee comprised of persons with experience in the areas of mental health, youth advocacy and public safety who will monitor the number of exclusions issued and oversee the training of transit personnel who issue and enforce prohibition orders. • Training: Transit personnel who issue and enforce prohibition orders will be trained as recommended by the advisory committee.
• Public Outreach: Requires DOT to provide reasonable notification to riders that persons who engage in disorderly conduct may be subject to a prohibition order.
Item 10-A
January 28, 2025
Item 10-A
January 28, 2025
Violations Eligible for Prohibition Orders
Citations
The violations eligible for a Prohibition Order are
established by SB 1417 and are part of the existing Penal Code and Public Utilities Code
Penal Code 640:
• Willfully disturbing others
• Carrying explosive or flammable material
• Urinating or defecating on bus or at stop/facility
• Willfully blocking movement of others
• Vandalism
Public Utilities Code 99170:
• Interfering with operation of transit vehicle or
impeding boarding/alighting passengers
• Engaging in behaviors that may cause harm
Arrests and Convictions
The person is placed under arrest or convicted for a
misdemeanor or felony committed on DOT buses or
property for:
• Acts involving violence or threats of violence upon passengers and transit employees • Lewd or lascivious behavior
• Possession for sale of a controlled substance
• Health and Safety Code §11532(a) (loitering for drug-related purposes) Item 10-A
January 28, 2025
Item 10-A
January 28, 2025
Duration of Prohibition Orders
Citations
Duration of a prohibition order shall not exceed
the following, as applicable, within one year:
• 3 citations within a 90-day period:
• 30-Day Prohibition Order
• 3 additional citations within a 90-day period:
• Additional 90-Day Prohibition Order
• 3 additional citations within a 90-day period:
• Additional 180-day Prohibition Order
Arrests and Convictions
• Initial arrest:
• 30-Day Prohibition Order
Convictions:
• Misdemeanor conviction for same arrest:
• 180-Day Prohibition Order
• Felony conviction for same arrest:
• 1 Year Prohibition Order
Item 10-A
January 28, 2025
Item 10-A
January 28, 2025
Steps to Issue Order
Item 10-A
January 28, 2025
Item 10-A
January 28, 2025
Enforcement of
Prohibition Order
If person violates the prohibition order:
• MCOs will not enforce or confront individual
• Will be instructed to allow person to board
and contact Dispatch
• Dispatch to contact law enforcement,
inform them that a person with a
prohibition order is on bus and request
their removal
• Supervisor / TSO to respond with copy of
order
• Incident will be documented
Item 10-A
January 28, 2025
Item 10-A
January 28, 2025
Public
Outreach
Campaign
SB 1417 requires DOT to provide reasonable notification to transit riders that persons who engage in disorderly conduct may be subject to a prohibition order barring the person from the transit district’s property, facilities, or vehicles for a period of up to one year. • Public outreach campaign (multilingual) to include: • Signage systems • Printed materials • Targeted outreach • Transit planning apps • Digital channels • Partner channels • Earned media Item 10-A
January 28, 2025
Item 10-A
January 28, 2025
Advisory Committee
• Composition: 5 appointed members
• Experience with psychiatric, developmental or other disabilities • Youth advocate
• Law enforcement experience
• Evaluate the procedures for, and issuance of, prohibition orders and recommending a course of training for personnel charged with issuing and enforcing prohibition orders. • Identify services and programs to which persons who are homeless or who have psychiatric, developmental, or other disabilities may be referred by transit district enforcement personnel before or in conjunction with issuance of a prohibition order.
• Provide annual report to Council and Legislature summarizing the number of prohibition orders issued. • Advisory Committee will be approved by Council – Staff will return with this item at a later date.
Item 10-A
January 28, 2025
Item 10-A
January 28, 2025