BILL ANALYSIS Ó
AB 2457
Page 1
Date of Hearing: April 22, 2014
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2457 (Levine) - As Amended: March 28, 2014
SUMMARY : Provides that a person who commits an assault or
batters on stadium or arena property on an event day shall be
subject to an additional fine of up to $10,000. Specifically,
this bill :
1)Specifies that the additional fine shall not apply to players
or sports officials.
2)Defines "event day" as the period of time 12 hours prior to
the start of an event at a stadium or arena through 12 hours
after the conclusion of the event.
3)Defines "stadium or arena" as a venue within the state that is
capable of seating an audience of more than 5,000 people.
4)Specifies that "stadium or arena property" means within or
upon the stadium or arena structure, the parking structure,
and parking lot adjacent to or serving the stadium or arena.
5)Specifies that "stadium or arena event" means an event at a
stadium or arena with an audience of more than 1,000 people in
attendance.
EXISTING LAW :
1)Provides that an assault is punishable by a fine not exceeding
one thousand dollars ($1,000), or by imprisonment in the
county jail not exceeding six months, or by both the fine and
imprisonment. (Pen. Code, § 241 subd. (a).)
2)Provides that a battery is punishable by a fine not exceeding
two thousand dollars ($2,000), or by imprisonment in a county
jail not exceeding six months, or by both that fine and
imprisonment. (Pen. Code, § 243 subd. (a).)
AB 2457
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3)Requires the owner of any professional sports facility shall
post, visible from a majority of the seating in the stands at
all times, at controlled entry areas, and at parking
facilities that are part of the professional sports facility,
written notices displaying the text message number and
telephone number to contact security in order to report a
violent act. (Pen. Code, § 243.85.)
4)Provides that an assault is an unlawful attempt, coupled with
a present ability, to commit a violent injury on the person of
another. (Pen. Code, § 240.)
5)Provides that when an assault is committed against the person
of a parking control officer engaged in the performance of his
or her duties, and the person committing the offense knows or
reasonably should know that the victim is a parking control
officer, the assault is punishable by a fine not exceeding two
thousand dollars ($2,000), or by imprisonment in the county
jail not exceeding six months, or by both the fine and
imprisonment. (Pen. Code, § 241 subd. (b).)
6)Provides that when an assault is committed against the person
of a peace officer, firefighter, emergency medical technician,
mobile intensive care paramedic, lifeguard, process server,
traffic officer, code enforcement officer, animal control
officer, or search and rescue member engaged in the
performance of his or her duties, or a physician or nurse
engaged in rendering emergency medical care outside a
hospital, clinic, or other health care facility, and the
person committing the offense knows or reasonably should know
that the victim is a peace officer, firefighter, emergency
medical technician, mobile intensive care paramedic,
lifeguard, process server, traffic officer, code enforcement
officer, animal control officer, or search and rescue member
engaged in the performance of his or her duties, or a
physician or nurse engaged in rendering emergency medical
care, the assault is punishable by a fine not exceeding two
thousand dollars ($2,000), or by imprisonment in a county jail
not exceeding one year, or by both the fine and imprisonment.
(Pen. Code, § 241 subd. (c).)
7)Defines battery as any willful and unlawful use of force or
violence upon the person of another. (Pen. Code, § 242.)
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8)Provides when a battery is committed against the person of a
peace officer, custodial officer, firefighter, emergency
medical technician, lifeguard, security officer, custody
assistant, process server, traffic officer, code enforcement
officer, animal control officer, or search and rescue member
engaged in the performance of his or her duties, whether on or
off duty, including when the peace officer is in a police
uniform and is concurrently performing the duties required of
him or her as a peace officer while also employed in a private
capacity as a part-time or casual private security guard or
patrolman, or a nonsworn employee of a probation department
engaged in the performance of his or her duties, whether on or
off duty, or a physician or nurse engaged in rendering
emergency medical care outside a hospital, clinic, or other
health care facility, and the person committing the offense
knows or reasonably should know that the victim is a peace
officer, custodial officer, firefighter, emergency medical
technician, lifeguard, security officer, custody assistant,
process server, traffic officer, code enforcement officer,
animal control officer, or search and rescue member engaged in
the performance of his or her duties, nonsworn employee of a
probation department, or a physician or nurse engaged in
rendering emergency medical care, the battery is punishable by
a fine not exceeding two thousand dollars ($2,000), or by
imprisonment in a county jail not exceeding one year, or by
both that fine and imprisonment. (Pen. Code, § 243 subd.
(b).)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "This bill
attempts to create a deterrent for sports fans that take team
loyalty too far and act out violently against fans of rival
teams. California is home to a long list of rival sports
teams Giants vs. Dodgers, Niners vs. Seahawks, Warriors vs.
Lakers, Sharks vs. Kings, Bears vs. Cardinal, Bruins vs.
Trojans, etc. These rivalries are good for sports.
"However, too often team loyalty, especially in rivalries, can
create violence between sports fans. Such violence often
starts with a friendly banter and razzing amongst rival team
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fans. "However, this may quickly escalate and these exchanges
can turn into loud arguments, aggressive pushing and shoving,
and dangerous violent acts.
"By creating a mandatory $10,000 fine, this bill will send
fans a simple message, 'It's just a game.' If a fan commits
assault or battery under the conditions of this bill, the fan
is going to face a substantial fine. The hope is that this
will help increase awareness and allow for a repartee between
fans that does not escalate into violence."
2)Considerations Regarding the Fine : This bill imposes an
additional fine of up to $10,000 on top of an existing base
fine of up to $1,000 to $2,000.
Setting the penalty, or range of penalties, for a crime is an
inherently legislative function. The Legislature does have
the power to require a minimum term or other specific
sentence. (Keeler v. Superior Court (1970) 2 Cal.3d 619,
631.) Sentencing, however, is solely a judicial power.
(People v. Tenorio (1970) 3 Cal.3d 89, 90-93; People v.
Superior Court (Fellman) (1976) 59 Cal.App.3d 270, 275.)
California law effectively directs judges to impose an
individualized sentence that fits the crime and the
defendant's background, attitude, and record. (Cal. Rules of
Court, rules 4.401-4.425.) This bill limits judicial
discretion and requires a minimum fine of $500 to be imposed
in each case, regardless of the facts of the case and the
defendant's record.
Also, there are penalty assessments and fees assessed on the
base fine for a crime. Assuming a defendant was fined $10,000
as the maximum fine, the following penalty assessments would
be imposed pursuant to the Penal Code and the California
Government Code:
Base Fine:
$
10,000
Penal Code 1464 assessment:
$ 10,000 ($10 for every $10)
Penal Code 1465.7 surcharge:
2,000
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(20% surcharge)
Penal Code 1465.8 assessment:
40 ($40 fee per offense)
Government Code 70372 assessment:
5,000 ($5 for every $10)
Government Code 70373 assessment:
30 ($30 for felony or misdo.)
Government Code 76000 assessment:
7,000 ($7 for every $10)
Government Code 76000.5 assessment:
2,000 ($2 for every $10)
Government Code 76104.6 assessment:
1,000 ($1 for every $10)
Government Code 76104.7 assessment
4,000 ($4 for every $10)
Total Additional Fine with Assessments:
$41,070
3)This Bill is not an Enhancement, it is a Second Punishment :
Enhancements differ from substantive offenses defining
criminal acts, instead focusing on "aspects" of criminal acts
that are not always present but warrant increased punishment.
Enhancements can take the form of an increased sentence if
certain, particularly aggravating, factors are present in the
commission of a crime. Typical enhancements include
committing the same offense multiple times, or particular
brutality.
This bill seeks to impose an additional penalty for an assault
or battery which occurs in a sports arena or stadium. The
additional penalty is a secondary fine of up to $10,000. The
justification provided for the imposition of the additional
fine is that the nature of sporting events creates rivalries
which can result in violent acts, and therefore the violent
acts require must be deterred by an additional punishment.
However, violent acts occur in a variety of locales. Bars are
locations where people are often pitted against one another,
based on neighborhood affiliations, mating rituals, or even
sports affiliations. The committee must determine whether
misdemeanor assaults and/or batteries at sporting events are
worse and more aggravating than assaults at school events,
back allies, bars, or public meetings.
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4)Double Punishment : This bill seeks to impose a second
punishment for a single act. The bill is not increasing the
misdemeanor fines for assault and battery in a sports
facility. The bill is imposing an additional fine on top of
the existing punishment. As a public policy, the Legislature
imposes a distinct fine for each distinct criminal act. As
outlined above, each fine is subject to individual penalties
and assessments. An offender suffering two fines for one act
would pay many of the assessments twice for one act.
5)Argument in Support : None submitted.
6)Argument in Opposition: According to the California Attorneys
for Criminal Justice , "This bill is both overbroad and
underbroad for numerous reasons, and will thus result in
arbitrary imposition of a large fine of $11,000 or $12,000 for
behavior that, in almost exactly the same setting, normally
results in a fine of $1,000 or $2,000. Under AB 2457, the
exact same criminal conduct will be treated very differently
based on metrics such as how many seats a stadium has, and how
many people happen to show up at the event where the assault
takes place.
"There have been a few well-publicized assaults at or near
sports stadiums over the last few years, and this bill is
presumably a response to those incidents. However, existing
criminal law already adequately covers the punishment of
assault and battery, without the need to balkanize those
crimes depending on special places, times, and participants.
Judges are currently vested with substantial discretion to
impose a wide variety of penalties and conditions of parole
and probation that can adequately deal with assaults committed
at stadiums and arenas.
"Moreover, AB 2457 would lead to absurd results. The
proposed law attaches the additional $10,000 fine if the
assault is committed at a stadium capable of seating more
than 5,000 people, within 12 hours of an event at which
more than 1,000 people attended. Thus, if an assault was
committed at a Sarah McLachlan concert at the Santa Barbara
Bowl (a 4,562-seat amphitheater), the $10,000 fine would
not apply.
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"However, if the assault occurred less then 12 miles away
at a soccer game at Harder Stadium on the University of
California, Santa Barbara campus (a 17,000-seat stadium),
the $10,000 fine would apply. Unless only 999 people
attended the soccer game, or if the assault happened 13
hours after the game, in which case the $10,000 fine would
no longer apply. If the assault happened 11 hours after the
game, and ticket sales revealed 1,001 people attended the
game, the $10,000 fine would again apply. Unless the
assault was committed by a player, in which case the
$10,000 fine would no longer apply. There are more
exceptions and caveats contained within this proposed bill
(for example, some parking lots would fall under the new
law, while some would not). The overall effect of the bill
would be an inconsistent imposition of a $10,000 fine,
based not on the underlying criminal behavior to be
punished, but based on the chance of building design, time
and other superficial metrics unrelated to the actual
criminal behavior.
"AB 2457 is premised on the notion that there is something
inherent in every case occurring at a "stadium or arena"
which requires more severe penalties than all other similar
crimes. If the goal is to further penalize assaults that
occur in places where large crowds gather, why not apply
the penalty to assaults at a shopping mall, or large parks?
Under AB 2457, an assault that occurs at San Francisco's
Civic Center during the World Series, where thousands
gather to watch a live feed of a highly charged sporting
event, would lead only to the standard $1,000 or $2,000
fine, while the same assaultive conduct that occurred at
the same time at AT&T park, or one of the qualifying
adjacent parking lots, would lead to the additional $10,000
fine.
"Again, current law adequately penalizes assault and
battery, especially given the discretion of judges to
consider the particular circumstances of the crime and the
perpetrator. And any intended extra deterrent or punishment
effect of AB 2457 is defeated by the arbitrary distinctions
set forth in the bill, as described above."
7)Prior Legislation : AB 2464 (Gatto), Chapter 261, Statutes of
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2012, required owners of professional sports facilities to
post notices of emergency contact information.
REGISTERED SUPPORT / OPPOSITION :
Support
None
Opposition
California Attorneys for Criminal Justice
California Public Defenders Association
Taxpayers for Improving Public Safety
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744