BILL ANALYSIS Ó
AB 2464
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Date of Hearing: April 17, 2012
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2464 (Gatto) - As Introduced: February 24, 2012
SUMMARY : Creates a registry for persons banned from
professional sports arenas and creates sentence enhancements for
strikes committed within sports arenas. Specifically, this
bill :
1)Defines a "banned persons list" as a list of individuals,
developed, available, and maintained in accordance with this
title, who are to be excluded or ejected from all professional
sports arenas that provide the physical venue for professional
sporting events showcasing teams from Major League Baseball,
National Basketball Association, National Hockey League,
National Football League, and Major League Soccer.
2)Defines a "professional sports arena" as a venue within the
state providing a physical place for professional sporting
events showcasing teams from Major League Baseball, National
Basketball Association, National Hockey League, National
Football League, and Major League Soccer.
3)Specifies that a "violent act" means any person who
perpetrates a violent felony, or a serious felony.
4)Provides that a court may place a defendant, convicted of a
violent act, where the crime took place on the property of a
professional sports arena, on a list of persons banned from
all professional sports arenas in California.
5)Provides that a sentence enhancement of three to five years to
be served consecutive to any sentence issued for an underlying
act shall be applicable to any conviction of a defendant for a
violent act where the crime took place on the property of a
professional sports arena.
6)States that the banned persons list may include any person
whose presence in a professional sports arena is determined by
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the courts to pose a threat to the well-being and safety of
those in attendance at professional sporting events.
7)States that any person placed on the banned persons list is
banned from all professional sports arenas in California, and
the ban is not limited to the specific sport and the
professional sports arena where the original offense took
place.
8)Specifies that in making the determination to place a person
on the banned persons list, a court shall consider prior
convictions of any crime or plea bargain in this state or
under the laws of the United States, involving a serious or
violent felony, or the equivalent under federal law, while in
attendance of a professional sporting event at a professional
sports arena or in the parking facility intended for event
parking at a professional sports arena, within 24 hours of a
professional sporting event.
9)States that if the defendant has previously been convicted of
a violent act, where the crime took place on the property of a
professional sports arena, the court in deciding to place that
person on the banned persons list may do so for a period of
one to five years, inclusive.
10)Provides that if the defendant has previously been convicted
twice of a violent act, where the crime took place on the
property of a professional sports arena, the court in deciding
to place that person on the banned persons list may do so for
a period of three to 10 years, inclusive.
11)States that if the defendant has previously been convicted
three or more times of a violent act, where the crime took
place on the property of a professional sports arena, the
court in deciding to place that person on the banned persons
list may do so for a period of seven to 25 years, inclusive.
12)Provides that for the purposes of determining the length of
time the person's name is on the banned persons list, the
court may consider a written report from the Department of
Justice containing information from its records showing prior
convictions. The department's report is prima facie evidence
of those convictions if the defendant admits those
convictions, regardless of whether or not the complaint
commencing the proceedings has alleged prior convictions.
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13)Specifies that the banned persons list shall be open to the
public and shall be distributed to all of the following:
a) Every professional sports arena within California.
b) Every law enforcement agency within California.
c) Ticket vendors, including providers that sell tickets
through an Internet Web site.
14)States that the banned persons list shall include all of the
following information:
a) Name.
b) Birthdate.
c) Known aliases.
d) A photograph of the person, including the date of the
photograph.
e) A physical description of the person, including height,
weight, type of build, color of hair and eyes, any tattoos,
scars, or other distinguishing features on the person's
body that would assist in identifying the person.
f) The date the person's name was placed on the list.
15)Provides that on or before July 1, 2013, the Department of
Justice shall make available information concerning persons on
the banned persons list to the public via an Internet Web site
as specified in this subdivision. The department shall update
the Internet Web site on an ongoing basis. The Internet Web
site shall be translated into languages other than English as
determined by the department.
16)States that with respect to a person who has been placed by a
court on the banned persons list, the Department of Justice
shall make available to the public via the Internet Web site,
all of the following information:
a) Name.
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b) Birthdate.
c) Residential address.
d) Known aliases.
e) A photograph of the person.
f) A physical description of the person, including height,
weight, type of build, color of hair and eyes, any tattoos,
scars, or other distinguishing features on the person's
body that would assist in identifying the person.
g) Criminal history.
17)Specifies that creation and maintenance of the banned persons
list on the department's Internet Web site shall be funded,
upon appropriation by the Legislature, with moneys from the
Stadium Violence Reward Fund.
18)Provides that any person who has been placed on the banned
persons list who enters the premises of a professional sports
arena while his or her name is on the banned persons list is
guilty of a misdemeanor, punishable by up to one year in a
county jail and a fine of up to $10,000 ($32,256 with
penalties and assessments).
19)Specifies that any person convicted of a violent act at a
professional sports arena shall be subject to a three to five
year state prison sentence enhancement to be served
consecutive to any underlying sentence, and enhanced monetary
penalties over and above those already applicable. The amount
of the enhanced monetary penalty shall be within the sound
discretion of the court.
20)States that the owner of any professional sports arena shall
post, visible from a majority of seating in the stands at all
times, at controlled entry areas, and at parking facilities
which are part of the professional sports arena, written
notices displaying the text message number and telephone
number to contact security in order to report a violent act.
21)Provides that the professional sports arena management and
the professional sports franchise hosting the professional
sporting event shall provide verbal announcements of the
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locations of the signage displaying the required information,
as follows:
a) Once per quarter for a football game.
b) Four times per game for a baseball game.
c) Once per period for a hockey game.
d) At least three times for any other professional sporting
event.
22)Provides that the Stadium Violence Reward Fund is hereby
created in the State Treasury. The money in the fund is
available, upon appropriation by the Legislature, and may only
be used for the purposes of this title.
a) Specifies that the moneys deposited in the fund shall
not be used to provide a loan to any other fund.
b) Provides that the Stadium Violence Reward Fund shall be
administered by the Department of Justice. The department
may develop and adopt any rules, regulations, and
guidelines determined to be necessary to carry out and
enforce this chapter.
c) States that the Stadium Violence Reward Fund shall be
used to fund the banned persons list Internet Web site and
to provide rewards for members of the general public who
assist in the identification or apprehension of persons
committing violent acts at a professional sports arena.
d) Specifies that the following moneys shall be deposited
into the Stadium Violence Reward Fund:
i) Each professional sporting team belonging to Major
League Baseball, National Basketball Association,
National Hockey League, National Football League, and
Major League Soccer, located within the State of
California, shall deposit, with the Department of Justice
to be credited to the Stadium Violence Reward Fund,
$10,000 annually until the fund reaches $180,000.
ii) In years where the fund falls below $180,000 due to
the issuance of rewards and the cost of maintenance of
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the banned persons list Internet Web site, the
professional sporting teams shall make proportional
contributions until the fund again reaches $180,000.
iii) Any enhanced monetary fines or penalties assessed by
the courts for those persons convicted of violent acts at
a professional sports arena.
iv) It is the intent of the Legislature that the fund
shall be open to donations by the general public, which
would be deductible on the California income tax return.
EXISTING LAW :
1)Requires persons convicted of specified sex offenses to
register, or reregister if the person has been previously
registered, upon release from incarceration, placement,
commitment, or release on probation. States that the
registration shall consist of all of the following ÝPenal Code
Section 290.015(a)]:
a) A statement signed in writing by the person, giving
information as required by the Department of Justice (DOJ)
and giving the name and address of the person's employer,
and the address of the person's place of employment, if it
differs from the employer's main address;
b) Fingerprints and a current photograph taken by the
registering official;
c) The license plate number of any vehicle owned by,
regularly driven by or registered in the name of the
registrant;
d) Notice to the person that he or she may have a duty to
register in any other state where he or she may relocate;
and,
e) Copies of adequate proof of residence, such as a
California driver's license or identification card, recent
rent or utility receipt or any other information that the
registering official believes is reliable.
2)Requires that a person convicted of arson must register within
14 days of coming into any county or city in which he or she
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expects to reside. ÝPenal Code Section 457.1(b)(1).]
a) Provides that a juvenile committed to the Division of
Juvenile Justice (DJJ) for arson after 1992 must register
until he or she is 25 years old or until the record is
sealed, whichever occurs first. ÝPenal Code Section
457.1(b)(3).]
b) Provides that any person required to register as an
arson offender who violates any of the specified provisions
is guilty of a misdemeanor. ÝPenal Code Section 457.1(h).]
c) Provides that the statements, photographs, and
fingerprints required by the arson registration statute
shall not be open to inspection by the public or by any
person other than a regularly employed peace officer or
other law enforcement officer. ÝPenal Code Section
457.1(j).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "The increasing
number of violent acts at California's professional sporting
venues is troubling. A system of penalties at judges'
discretion and an enhanced system of logging violators will
hopefully reassure the growing number of families who find the
sporting experience diminished because of violent acts. In
the interest of public safety and the long-term health of
California's professional sports franchises, the author is
hopeful that the deterrent effect of the penalties, rewards,
and reporting, and the courts' discretion to issue enhanced
penalties and to ban individuals who are capable of such
violence against strangers will reverse current trends.
Increased posting of security contact information is a
reasonable way to require venues to reflect on a realistic
security plan, based on demand. $10,000 is a reasonable sum
for sports franchises to pay to fund rewards, if necessary, so
local law enforcement does not bear these costs. A ban list
is very low-cost option for violators (who are often released)
to enter the system and lose something that means a lot to
them.
2)This Bill Would Require a Three to Five Year Sentence
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Enhancement to be Served Consecutive to Any Underlying
Sentence for any Serious or Violent Felony Committed in a
Professional Sports Arena : The bill states in two separate
places that "sentence enhancements pursuant to subdivisions
(a) and (b) of Section 12022.7 are applicable to any
conviction of a defendant for a violent act where the crime
took place on the property of a professional sports arena."
This would apply a "great bodily injury" (GBI) sentence
enhancement to any felony listed whether or not GBI was
actually inflicted. As will be discussed below, many serious
felonies are not felonies one would consider possible to
inflict GBI (such as the numerous drug offenses on the serious
felony list). These sentence enhancements would be served
consecutive to any sentence imposed for the underlying serious
or violent felony, therefore the offender would be sentenced
to an additional three to five years in addition to the
underlying sentence.
The sentence enhancement for infliction of GBI would apply
automatically to any offense committed in a sports arena,
regardless of the passage of this bill. If an individual
inflicts GBI under current law in a sports arena they already
face these sentence enhancements.
3)On-going Concerns for Prison Overcrowding : In November 2006,
plaintiffs in two ongoing class action lawsuits-Plata v. Brown
(involving inmate medical care) and Coleman v. Brown
(involving inmate mental health care)-filed motions for the
courts to convene a three-judge panel pursuant to the U.S.
Prison Litigation Reform Act. The plaintiffs argue that
persistent overcrowding in the state's prison system was
preventing the California Department of Corrections and
Rehabilitation (CDCR) from delivering constitutionally
adequate health care to inmates. The three-judge panel
declared that overcrowding in the state's prison system was
the primary reason that CDCR was unable to provide inmates
with constitutionally adequate health care. In January 2010,
the three-judge panel issued its final ruling ordering the
State of California to reduce its prison population by
approximately 50,000 inmates in the next two years.
ÝColeman/Plata vs. Schwarzenegger (2010) No. Civ S-90-0520 LKK
JFM P/NO. C01-1351 THE.]
The United State Supreme Court upheld the decision of the
three-judge panel, declaring that "without a reduction in
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overcrowding, there will be no efficacious remedy for the
unconstitutional care of the sick and mentally ill" inmates in
California's prisons. ÝBrown v. Plata (2011) 131 S.Ct. 1910,
1939; 179 L.Ed.2d 969, 999.]
According to a recent report by the Legislative Analyst's
Office, "Based on CDCR's current population projections, it
appears that it will eventually reach the court-imposed
population limit, though not by the June 2013 deadline." ÝSee
Refocusing CDCR After the 2011 Realignment, Feb. 23, 2012,
pp.3
.
] "In particular, the projections show the state missing the
final population limit of no more than 110,000 inmates housed
in state prisons by June 2013. Specifically, the projections
show the state exceeding this limit by about 6,000 inmates.
However, the projections indicate that the state will meet the
court-imposed limit by the end of 2014." (Id. at p. 9.)
"While the state has undergone various changes to reduce
overcrowding prior to the passage of the realignment
legislation-including transferring inmates to out-of-state
contract facilities, construction of new facilities, and
various statutory changes to reduce the prison population-the
realignment of adult offenders is the most significant change
undertaken to reduce overcrowding." (Id. at p. 8.)
4)Many "Serious Felonies" are Not Violent Acts : The stated
purpose of this bill is to curb the growing crisis of violent
acts in professional sports arenas. However, this bill is
very broad in its inclusion of every serious felony as defined
in 1192.7(c) of the Penal Code. For example various drug
offenses are included in the serious felony list. Under this
bill, the commission of a drug offense on the serious felony
list within a stadium would result in an additional three to
five year sentence enhancement in addition to the sentence for
the underlying offense.
5)Many Violent Acts that Constitute Fighting are Not Included as
Violent Acts Under this Bill : While this bill is very broad
in including the serious felonies in the list (including many
which are not violent in nature), it is narrow in not
including many felony offense which are quite violent in
nature and constitute large problems at sporting events. For
instance, assault with a deadly weapon ÝPenal Code Section
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245(a)(1)] is not included as a violent act under this bill.
6)Banishment : Courts have not upheld provisions of law that
involve "banishment" of offenders. ÝIn re Babak S., 18 Cal.
App. 4th 1077 (1993); and Alhusainy v. Superior Court, 143
Cal. App. 4th 385 (2006).] "The same principle which
prohibits the banishment from a state or from the United
States applies with equal force?The old Roman custom of
ostracizing a citizen has not been adopted in the United
States." ÝPeople v. Bauer, 211 Cal. App. 3d 937 (1989),
(emphasis added).] Courts have the authority to place
reasonable conditions on probationers and parolees regarding
areas where those under the jurisdiction of the court may go.
These conditions are in lieu of incarceration, and are
conditions of parole or probation. This bill seeks to impose
up to a 25 year banishment upon individuals for conduct, even
after the offender is off of parole or probation.
7)Criminal History Publication on the Web : The intent of the
bill is unclear as to whether it will require that the banned
person's entire criminal history to published on the internet
for the public to view. Alternatively, only the information
pertaining to the conviction for which he or she was placed on
the banned person's list would be published.
8)Creation of a New DOJ Program : AB 2464 would necessitate the
creation of a new program within the DOJ. On the surface it
appears that staff would be needed for system and internet
site maintenance and updates, information gathering, and
research for each individual and conviction listed within the
banned persons list. Additional staff would be required for
fund collection, distribution and tracking. Furthermore staff
would be required to disseminate the updated lists to each of
the entities provided for in this bill.
9)Problems With Recording Which Offense Occurred in Sporting
Events : There is no separate code section for offenses
committed in sporting arenas. Either new offenses or
enhancements would have to be created in order to determine if
a past criminal offense occurring in a sporting arena shows up
on a defendant's criminal history, or local jurisdictions will
have to inform DOJ of each individual who commits a qualifying
offense in a sports arena.
10) DOJ is not Currently Equipped to Process the Required Data :
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The DOJ does not currently receive a photographs, physical
descriptions, or residence of individuals, nor does it have a
mechanism in place to facilitate the transfer or receipt of
this information. All California courts would need to have
the capacity to both capture and transmit this information to
the DOJ. It is unclear if this is the responsibility of the
courts or DOJ.
11) Difficulty in Identifying a Person on the List : The banned
persons list would be name-based, not biometric, and therefore
there would be no definitive way to identify a person on the
list. This could leave the DOJ open to litigation were the
wrong person may be banned from sports arenas because he or
she has the same name or is similar in appearance to a banned
person.
12) Releasing the Information Could Result in Further Violence :
The release of the residential address and reliance on visual
identification of a banned person could pose a threat to
public safety for both the individual and the public. Anyone
from a "concerned citizen" to a mob upset about the win or
loss of a team could go to the residence of the banned person
and confront him or her.
The logic of publishing the residence of sex offenders is that
they are threats to community safety and children. It is
unclear that there is a similar nexus for individuals who
commit serious felonies in sports arenas. Publication of the
residential address appears to be punitive in nature, and
rather than being in the benefit of public safety this may
threaten public safety.
13) Penalties and Assessments : With state and local
budget constraints in recent years, penalty assessments have
become a way for California and its counties to raise needed
funds. Currently, penalty assessments are 270% of the base
fine, with a flat $103 added to each fine.
Calculation of penalty assessments on a base fine of $10,000:
Base Fine: $ 10,000
Penal Code 1464 Assessment: $ 10,000($10 for
every $10 in fines)
Penal Code 1465.7 Assessment: 2,000(20%
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surcharge)
Penal Code 1465.8 Assessment: 40($40
fee per fine)
Government Code 70372 Assessment: 50($5
for every $10 in fines)
Government Code 76000 Assessment: 7,000($7 for
every $10 in fines)
Government Code 76000.10 Assessment: 4($4 fee
per fine)
Government Code 76000.5 Assessment: 2,000 ($2
for every $10 in fines)
Government Code 76104.6 Assessment: 1,000 ($1
for every $10 in fines)
Vehicle Code 42007.1(a) Assessment: 49($49
fee per fine)
Vehicle Code 40508.6 Assessment: 10($10
fee per fine)
Total Fine with Assessment: $ 32,256
14)Argument in Support : According to the California Police
Chiefs Association , "it is an unhappy reality that violence at
professional sporting events has been on the rise. The
tragic story of Bryan Stow, a Giants fan savagely beaten at a
Dodgers game, is unique only in its notoriety. Stow, a
paramedic and father of two, was attacked from behind in the
Dodger Stadium parking lot on March 31, and was in a medically
induced coma because of the extensive brain damage he
suffered. His alleged attackers were finally apprehended
after a long search, due to help from members of the public.
After the senseless shootings of two men at the 49ers-Raiders
game at Candlestick Park, and the beating of a fan in a
stadium bathroom at the same game, it's become obvious stadium
violence needs to be seriously addressed. Put simply, it
shouldn't take an act of courage to take in a ball game."
15)Argument in Opposition: According to the California
Attorneys for Criminal Justice , "the attempt to craft a
'sports only' criminal penalty defies traditional approach to
criminal law. Moreover, it is unclear why the bill is drafted
to target only certain types of venues. Perhaps the most
perplexing provision of the bill is its attempt to invoke a
3-year state prison enhancement that is currently reserved for
individuals who cause great bodily injury by their violent
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act. AB 2464 will impose this enhancement even in cases where
no great bodily injury is inflicted. It appears that the
proposal justifies this enhancement simply because it occurs
in the parking lot of the San Diego Padres stadium, even if it
is a non-game day. The same 'violent act' committed at a
shopping mall would result in a lower sentence. It is
difficult to imagine a justification for such an inconsistent
application of our criminal statutes."
REGISTERED SUPPORT / OPPOSITION :
Support
California Police Chiefs Association
Opposition
American Civil Liberties Union
California Attorneys for Criminal Justice
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744