BART is trying to send a strong message that if you want to ride, you need to pay.
Right now, BART police have the discursion charge serial fare evaders with a misdemeanor. but if a proposed state law passes, fare evasion across the state could no longer be charged in a criminal court.
Some BART riders NBC Bay Area spoke to on Friday seemed to be opposed to the legislation.
"The more we decriminalize criminal behavior, the more criminal behavior we're going to experience," said Daly City resident Howard Bernstein.
By a vote of five to three, the BART board of directors passed a resolution opposing the legislation. Board Member Deborah Allen was with the majority. She said at a time when BART is trying to convince riders to return, that legislation could be harmful.
"I think we're sending a message to the riders, that says BART doesn't care. BART really doesn't really care, because once we lose this provision, we will never get it back," she said.
In prepared comments to the BART board, a member of the BART police department said only a few people have ever been charged with misdemeanor fare evasion.
Still, the BART Police Officers Association strongly opposes the legislation to decriminalize fare jumpers.
In a prepared statement, BART Police Union President Shane Reiss said they need every tool available to help keep the system safe.
Get a weekly recap of the latest San Francisco Bay Area housing news. Sign up for NBC Bay Area’s Housing Deconstructed newsletter.
"If we can discourage people from fare evading, or if we've cited someone 5, 10, 20 times, we can send them to jail," he said.
Reiss added that according to figures from 2019 and 2020, of the people arrested for assault, theft, sex crimes and other serious crimes, 80 % did not have a valid BART ticket.
Three BART board members opposed the resolution including President Janice Li. She believes the law will likely not pass.