Bill Text: CA AB2457 | 2013-2014 | Regular Session | Amended

California Assembly Bill 2457 (Prior Session Legislation)

Bill Title: Assault and battery: stadium or arena.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-08-14 - In committee: Held under submission. [AB2457 Detail]

Download: California-2013-AB2457-Amended.html

BILL NUMBER: AB 2457	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 4, 2014
	AMENDED IN SENATE  JUNE 15, 2014
	AMENDED IN ASSEMBLY  APRIL 24, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 21, 2014

   An act to add Sections 241.9, 243.87, and 602.14 to the Penal
Code, relating to crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2457, as amended, Levine. Assault and battery: stadium or
 arena: enhancement.   arena. 
   Existing law makes it a misdemeanor to commit an assault or a
battery, except in specified instances, and makes these crimes
punishable by a fine, not to exceed $1,000 or $2,000, respectively,
or by imprisonment in a county jail not to exceed 6 months, or by
both that fine and imprisonment.
   This bill would additionally make it a misdemeanor, punishable by
a fine, as specified,  punishment in the  
imprisonment in a  county jail not to exceed 6 months, or by
both that fine and imprisonment, to commit an assault or battery on
stadium or arena property on an event day. The bill would specify
that this provision does not apply to sports officials or athletes
 while  engaged in an event. By creating a new crime, this
bill would impose a state-mandated local program.
   Existing law provides that every person who willfully commits a
trespass is guilty of a misdemeanor.
   This bill would make it an infraction, punishable by a fine of up
to $250 for each violation, to intentionally leave the area or areas
set aside for spectators and enter an area set apart for the
participants, performers, officials, attendants, or service personnel
at a stadium, auditorium, sports arena, playing field, theater, race
track, skating rink, fair, or other place where sporting or
theatrical events, or exhibitions, are held,  for the purpose of
disrupting the event or exhibition,  except as specified. The
bill would also make it an infraction, punishable by a fine of up to
$250 for each violation, to intentionally throw, discharge,  or
 launch  , or pour  any solid or liquid
substance or object, or otherwise cause a substance or object to be
thrown, discharged,  or  launched,  or poured,
 or to intentionally commit an act that delays the event or
interferes with the participants, performers, officials, attendants,
service personnel, or spectators at a stadium, auditorium, sports
arena, playing field, theater, race track, skating rink, fair, or
other place where sporting or theatrical events, or exhibitions, are
held,  for the purpose of disrupting the event or exhibition,
 except as specified. By creating new crimes, the bill would
impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 241.9 is added to the Penal Code, to read:
   241.9.  (a) A person who commits an assault on stadium or arena
property on an event day shall be guilty of a misdemeanor, punishable
by a fine of up to two thousand dollars ($2,000), by imprisonment in
the county jail not exceeding six months, or by both that fine and
imprisonment.
   (b) This section shall not apply to sports officials, as defined
in subdivision (b) of Section 243.8, or athletes  while 
engaged in an event.
   (c) As used in this section, the following definitions shall
apply:
   (1) "Event day" means the period of time from four hours prior to
the start of an event at a stadium or arena through four hours after
the conclusion of the event, inclusive.
   (2) "Stadium or arena" means a venue within the state.
   (3) "Stadium or arena property" means within or upon the stadium
or arena structure, the parking structure, and a parking lot adjacent
to the stadium or arena.
   (4) "Event" means an event at a stadium or arena where the
attendees have paid admission.
   (d) This section does not limit or prevent prosecution under any
other applicable provision of law.
  SEC. 2.  Section 243.87 is added to the Penal Code, to read:
   243.87.  (a) A person who commits a battery on stadium or arena
property on an event day shall be guilty of a misdemeanor, punishable
by a fine of up to four thousand dollars ($4,000), by imprisonment
in the county jail not exceeding six months, or by both that fine and
imprisonment.
   (b) This section shall not apply to sports officials, as defined
in subdivision (b) of Section 243.8, or athletes  while 
engaged in an event.
   (c) As used in this section, the following definitions shall
apply:
   (1) "Event day" means the period of time from four hours prior to
the start of an event at a stadium or arena through four hours after
the conclusion of the event, inclusive.
   (2) "Stadium or arena" means a venue within the state.
   (3) "Stadium or arena property" means within or upon the stadium
or arena structure, the parking structure, and a parking lot adjacent
to the stadium or arena.
   (4) "Event" means an event at a stadium or arena where the
attendees have paid admission.
   (d) This section does not limit or prevent prosecution under any
other applicable provision of law.
  SEC. 3.  Section 602.14 is added to the Penal Code, to read:
   602.14.  (a) It is unlawful for a person at any stadium,
auditorium, sports arena, playing field, theater, race track, skating
rink, fair, or other place where sporting or theatrical events, or
exhibitions, are held to intentionally do any of the following 
for the purpose of disrupting the event or exhibition  :
   (1) Leave the area or areas set aside for spectators and enter
upon the grounds, field, stage, floor, or any other area set apart
for the participants, performers, officials, attendants, or service
personnel, unless authorized to do so by an usher or by an authorized
representative of the sponsor of the event.
   (2) Commit an act that delays the event or interferes with the
participants, performers, officials, attendants, service personnel,
or spectators at the event.
   (3) Throw, discharge,  or  launch  , or pour
 any solid or liquid substance or object, or otherwise cause
a substance or object to be thrown, discharged,  or 
launched,  or poured,  unless the person is a duly
authorized participant, performer, official, attendant, service
personnel, or peace officer acting within the scope of his or her
employment or duty.
   (b) A person who violates this section shall be guilty of an
infraction, punishable by a fine of up to two hundred fifty dollars
($250) for each violation.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.