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SB-689 Crimes: sporting events.(2017-2018)

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Date Published: 05/02/2017 09:00 PM
SB689:v97#DOCUMENT

Amended  IN  Senate  May 02, 2017
Amended  IN  Senate  March 29, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 689


Introduced by Senator Wiener
(Coauthor: Senator Nguyen)
(Coauthors: Assembly Members Bonta, Chiu, Daly, Gomez, and Maienschein)

February 17, 2017


An act to amend Sections 243.8 and Section 243.83 of the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


SB 689, as amended, Wiener. Crimes: sporting events.
Existing law makes it an infraction to throw an object on or across the court or field of play with the intent to interfere with play or distract a player or to enter upon the court or field of play without permission from an authorized person any time after the authorized participants of play have entered the court or field to begin the sporting event and until the participants of play have completed the playing time of the sporting event.
This bill would make the above crime an infraction, punishable by a fine not to exceed $1,000, or a misdemeanor, punishable by imprisonment in a county jail not to exceed 10 days, by a fine not exceeding $2,500, or by both that fine and imprisonment. The bill would make a 2nd or subsequent violation within 5 years of a prior violation of that prohibition a misdemeanor, punishable by imprisonment in a county jail for not more than 60 days, by a fine not exceeding $5,000, or by both that fine and imprisonment. By increasing the punishment for a crime, this bill would impose a state-mandated local program.

Existing law makes it a misdemeanor to commit battery against a sports official immediately prior to, during, or immediately following an organized athletic contest in which the sports official is participating.

This bill would make it a misdemeanor to commit battery against a player immediately prior to, during, or immediately following an organized athletic contest in which the player is participating. The bill would define the term “player” to include any authorized participant of play, including, but not limited to, team members and support staff. By creating a new crime, this 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   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.Section 243.8 of the Penal Code is amended to read:
243.8.

(a)If a battery is committed against a sports official or player immediately prior to, during, or immediately following an interscholastic, intercollegiate, or any other organized amateur or professional athletic contest in which the sports official or player is participating, and the person who commits the offense knows or reasonably should know that the victim is engaged in the performance of his or her duties, the offense shall be punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment.

(b)For purposes of this section, “sports official” means any individual who serves as a referee, umpire, linesman, or who serves in a similar capacity but may be known by a different title or name and is duly registered by, or a member of, a local, state, regional, or national organization engaged in part in providing education and training to sports officials.

(c)For purposes of this section, “player” means any authorized participant of play, including, but not limited to, team members, however designated, and support staff, whether or not any of those persons receive compensation.

SEC. 2.SECTION 1.

 Section 243.83 of the Penal Code is amended to read:

243.83.
 (a) It is unlawful for a person attending a professional sporting event to do any of the following:
(1) Throw an object on or across the court or field of play with the intent to interfere with play or distract a player.
(2) Enter upon the court or field of play without permission from an authorized person any time after the authorized participants of play have entered the court or field to begin the sporting event and until before the participants of play have completed the playing time of the sporting event.
(b) (1) The owner of the facility in which a professional sporting event is to be held shall provide a notice specifying the unlawful activity prohibited by this section and the punishment for engaging in that prohibited activity.
(2) The notice shall be prominently displayed throughout the facility or may be provided in some other manner, including, but not limited to, on a big screen or by a general public announcement. In addition, notice shall be posted at all controlled entry areas of the sporting facility.
(3) Failure to provide the notice shall is not be a defense to a violation of this section.
(c) For the purposes of this section, the following terms have the following meanings:
(1) “Player” includes any authorized participant of play, including, but not limited to, team members, referees however designated, and support staff, whether or not any of those persons receive compensation.
(2) “Professional sporting event” means a scheduled sporting event involving a professional sports team or organization or a professional athlete for which an admission fee is charged to the public.
(d) A violation of subdivision (a) is an infraction, punishable by a fine not exceeding one thousand dollars ($1,000), or a misdemeanor, punishable by imprisonment in a county jail for not more than 10 days, by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that fine and imprisonment. A second or subsequent violation of subdivision (a) within five years of a prior violation of that subdivision is a misdemeanor, punishable by imprisonment in a county jail for not more than 60 days, by a fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment. A fine imposed pursuant to this subdivision is not subject to the penalty assessments imposed by Section 1464 or 1465.7 of this code or Section 76000 of the Government Code.
(e) This section applies to attendees at professional sporting events. This section does not apply to players or to sports officials, as defined in Section 243.8.
(f) Nothing in this This section shall be construed to does not limit or prevent prosecution under any applicable law.

SEC. 3.SEC. 2.

 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.