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Board raises maximum fines for aggressive pursuit, concealed‑weapon loitering on transit in first reading

3005896 · April 16, 2025
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Summary

The Board passed on first reading an ordinance to increase maximum fines for 'aggressive pursuit' and for loitering while carrying a concealed weapon on municipal transit property. The measure passed the first reading 9–2 after debate that included concerns about disparate enforcement and the need for training.

The Board of Supervisors approved on first reading an ordinance (item 36) to amend the police code to increase the maximum fine for two specified offenses when committed on municipal transit property: aggressive pursuit (willful, malicious or repeated following or harassment of another person) and loitering while carrying a concealed weapon. The change applies to Muni vehicles, platforms, cable cars and paid areas of transit stations.

Sponsor Supervisor David Chiu said the increase is one tool in a multi‑pronged approach to improve safety on public transit and thanked colleagues and community members who contributed to the proposal. The ordinance raises the maximum fine allowed under state law for those specific crimes when committed on transit property; it sets a maximum, not a mandatory minimum, and leaves sentencing to the courts.

Why this matters: The legislation targets safety on public transit corridors and paid areas, where riders and operators have reported concerns. Supporters said stronger penalties send a message about safety and protect riders; opponents warned that higher penalties risk disproportionate impacts on people of color and low‑income residents and urged the board to pair penalties with training and prevention programs.

Supervisor Tom Daley urged caution and asked for data about arrests and convictions under the named sections and asked what community and diversion programs would accompany enforcement. He argued that penalties alone, without investments in prevention and culturally competent enforcement, risk worsening racial disparities in the criminal‑justice system.

Supervisor Carmen Chu (sponsor on the ordinance) and others noted the ordinance sets a maximum penalty and that courts retain discretion; the ordinance also includes language favoring community placements or service options for minors where appropriate.

Vote and next steps: On first reading the measure passed by roll call, 9 ayes and 2 noes (Supervisor John Avalos voted no; Supervisor Tom Daley voted no). The ordinance will return for final passage at a later meeting, where the board may consider any amendments and a second vote.

Ending: The measure advances to a second reading; supervisors asked the sponsor and city departments to provide enforcement data and to coordinate training and prevention efforts alongside any code changes.