Senator Jesse Hamilton (D-Central Brooklyn) and Assemblywoman Tremaine Wright (D-Bedford-Stuyvesant, Northern Crown Heights), yesterday announced they are introducing state legislation that would decriminalize turnstile jumping to a civil violation.
Currently, those nabbed for jumping the turnstile face theft of services charges, a Class A misdemeanor under the state penal code. The proposed measure would eliminate this charge, thus making those busted for jumping the turnstile getting something akin to a traffic ticket.
Proceedings would be handled as a civil matter by the public authority or municipality’s administrative bureau, such as the MTA’s Transit Adjudication Bureau. The MTA currently imposes a $100 fine for turnstile jumping. Other violations summonses that transit cops issue include smoking ($50), interference with a public transit vehicle ($100), unauthorized movement between subway cars ($75), and seat obstruction ($50).
“We need to radically rethink our approach to policing and crimes of poverty. This measure on turnstile jumping takes a step in that direction and brings us closer to dismantling broken windows policing. Our laws need to approach our fellow New Yorkers with more compassion and humanity, especially in at-risk communities. Shifting from criminal to civil action means nearly 30,000 fewer New Yorkers will face the nightmare of an arrest, potential for a criminal record, loss of housing, or even deportation,” said Hamilton.
Hamilton and Wright made the announcement of the legislation to decriminalize turnstile jumping at the Franklin Ave Subway Station (Eastern Parkway & Franklin Avenue) in Crown Heights. Hamilton also issued a Turnstile Jumping Report detailing the breakdown of arrests, misdemeanor convictions, and jail sentences resulting from turnstile jumping over the past four years.
The report found people of color represent 92% of turnstile jumping arrests. The effort on turnstile jumping represents part of a broader initiative to end broken windows policing and the resulting harms caused to communities of color, to police-community relations, and to the fabric of New York City life.
“This legislation represents an opportunity for us to decriminalize a low-level offense, the enforcement of which disproportionately targets young people, the poor and people of color. This bill will help eliminate over 20,000 arrests for jumping the turnstile. As we continue to push for criminal reform that acknowledges the humanity of our citizenry, I call on community, colleagues and advocates to help advance this bill which will promote better police practices, fewer arrests and lower criminal justice costs,” said Wright.
Passage of this legislation would fortify recent steps that Manhattan District Attorney Cyrus Vance Jr. has taken to reduce criminal prosecutions of low-level, non-violent misdemeanors. Acting Brooklyn District Attorney Eric Gonzalez has taken similar measures.
“We must lift that daunting burden placed on our fellow New Yorkers over $2.75. These are our friends and neighbors, these are people who may just be trying to get to school, or to work, or to a doctor’s appointment. I look forward to working with advocates for justice reform, for civil rights, and for better community-minded policing, and working with colleagues and all conscientious New Yorkers to pass this bill,” said Hamilton.
