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AB-2457 Assault and battery: stadium or arena.(2013-2014)

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Amended  IN  Senate  August 04, 2014
Amended  IN  Senate  June 15, 2014
Amended  IN  Assembly  April 24, 2014
Amended  IN  Assembly  March 28, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 2457

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   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.