Amended in Assembly April 24, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2457


Introduced by Assembly Member Levine

February 21, 2014


An act to addbegin delete Section 243.84end deletebegin insert Sections 241.9 and 243.87end insert to the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

AB 2457, as amended, Levine. Assault and battery: stadium or arena: enhancement.

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.

Thisbegin delete bill, for an assault or a battery that was committed on stadium or arena property on an event day, as defined, would require the imposition of an additional fine of $10,000.end deletebegin insert bill would additionally make it a crime, punishable by a fine, as specified, punishment in the 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.end insert The bill would specify that this provisionbegin insert doesend insert not apply tobegin delete players or sports officials.end deletebegin insert sports officials or athletes engaged in an event. By creating a new crime, this bill would impose a state-mandated local program.end insert

begin insert

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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 241.9 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
2

begin insert241.9.end insert  

(a) A person who commits an assault on stadium or
3arena property on an event day shall be punished by a fine of up
4to two thousand dollars ($2,000), by imprisonment in the county
5jail not exceeding six months, or by both that fine and
6imprisonment.

7(b) This section shall not apply to sports officials, as defined in
8subdivision (b) of Section 243.8 or athletes engaged in an event.

9(c) As used in this section, the following definitions shall apply:

10(1) “Event day” means the period of time from 12 hours prior
11to the start of an event at a stadium or arena through 12 hours
12after the conclusion of the event, inclusive.

13(2) “Stadium or arena” means a venue within the state that is
14capable of seating an audience.

15(3) “Stadium or arena property” means within or upon the
16stadium or arena structure, the parking structure, and a parking
17lot adjacent to or serving the stadium or arena.

18(4) “Stadium or arena event” means an event at a stadium or
19arena where the attendees have paid admission.

20(d) This section does not limit or prevent prosecution under any
21other applicable provision of law.

end insert
22begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 243.87 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
23

begin insert243.87.end insert  

(a) A person who commits a battery on stadium or
24arena property on an event day shall be punished by a fine of up
25to four thousand dollars ($4,000).

26(b) This section shall not apply to sports officials, as defined in
27subdivision (b) of Section 243.8 or athletes engaged in an event.

28(c) As used in this section, the following definitions shall apply:

P3    1(1) “Event day” means the period of time from 12 hours prior
2to the start of an event at a stadium or arena through 12 hours
3after the conclusion of the event, inclusive.

4(2) “Stadium or arena” means a venue within the state that is
5capable of seating an audience.

6(3) “Stadium or arena property” means within or upon the
7stadium or arena structure, the parking structure, and a parking
8lot adjacent to or serving the stadium or arena.

9(4) “Stadium or arena event” means an event at a stadium or
10arena with an audience of more than 1,000 people in attendance.

11(d) This section does not limit or prevent prosecution under any
12other applicable provision of law.

end insert
13begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
14Section 6 of Article XIII B of the California Constitution because
15the only costs that may be incurred by a local agency or school
16district will be incurred because this act creates a new crime or
17infraction, eliminates a crime or infraction, or changes the penalty
18for a crime or infraction, within the meaning of Section 17556 of
19the Government Code, or changes the definition of a crime within
20the meaning of Section 6 of Article XIII B of the California
21Constitution.

end insert
begin delete22

SECTION 1.  

Section 243.84 is added to the Penal Code, to
23read:

24

243.84.  

(a) If a person commits an assault or battery on stadium
25or arena property on an event day, the person shall be subject to
26an additional fine of up to ten thousand dollars ($10,000).

27(b) This section shall not apply to players or sports officials, as
28defined in Section 243.8.

29(c) As used in this section, the following definitions shall apply:

30(1) “Event day” means the period of time from 12 hours prior
31to the start of an event at a stadium or arena through 12 hours after
32the conclusion of the event, inclusive.

33(2) “Stadium or arena” means a venue within the state that is
34capable of seating an audience of more than 5,000 people.

35(3) “Stadium or arena property” means within or upon the
36stadium or arena structure, the parking structure, and a parking lot
37adjacent to or serving the stadium or arena.

38(4) “Stadium or arena event” means an event at a stadium or
39arena with an audience of more than 1,000 people in attendance.

P4    1(d) This section does not limit or prevent prosecution under any
2other applicable provision of law.

end delete


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