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.
This bill would additionally make it abegin delete crime,end deletebegin insert misdemeanor,end insert 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. The bill would specify that this provision does not apply to sports officials or athletes 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.
end insertbegin insertThis 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, 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, launch, or pour any solid or liquid substance or object, or otherwise cause a substance or object to be thrown, discharged, 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, except as specified. By creating new crimes, the bill would impose a state-mandated local program.
end insertThe 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. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 241.9 is added to the Penal Code, to read:
(a) A person who commits an assault on stadium or
3arena property on an event day shall bebegin delete punishedend deletebegin insert guilty of a
4misdemeanor, punishableend insert by a fine of up to two thousand dollars
5($2,000), by imprisonment in the county jail not exceeding six
6months, or by both that fine and imprisonment.
7(b) This section shall not apply to sports officials, as defined in
8subdivision (b) of Sectionbegin delete 243.8end deletebegin insert
243.8,end insert or athletes engaged in an
9event.
10(c) As used in this section, the following definitions shall apply:
11(1) “Event day” means the period of time frombegin delete 12end deletebegin insert fourend insert hours
12prior to the start of an event at a stadium or arena throughbegin delete 12end deletebegin insert fourend insert
13 hours after the conclusion of the event, inclusive.
P3 1(2) “Stadium or arena” means a venue within thebegin delete state that is begin insert
state.end insert
2capable of seating an audience.end delete
3(3) “Stadium or arena property” means within or upon the
4stadium or arena structure, the parking structure, and a parking lot
5adjacent tobegin delete or servingend delete the stadium or arena.
6(4) begin delete“Stadium or arena event” end deletebegin insert“Event” end insertmeans an event at a
7stadium or arena where the attendees have paid admission.
8(d) This section does not limit or prevent prosecution under any
9other applicable provision of law.
Section 243.87 is added to the Penal Code, to read:
(a) A person who commits a battery on stadium or
12arena property on an event day shall bebegin delete punishedend deletebegin insert guilty of a
13misdemeanor, punishableend insert by a fine of up to four thousand dollars
14begin delete ($4,000).end deletebegin insert ($4,000), end insertbegin insertby imprisonment in the county jail not
15exceeding six months, or by both that fine and imprisonment.end insert
16(b) This section shall not apply to sports officials, as defined in
17subdivision (b) of Sectionbegin delete 243.8end deletebegin insert 243.8,end insert or athletes engaged in an
18event.
19(c) As used in this section, the following definitions shall apply:
20(1) “Event day” means the period of time frombegin delete 12end deletebegin insert fourend insert hours
21prior to the start of an event at a stadium or arena throughbegin delete 12end deletebegin insert
fourend insert
22 hours after the conclusion of the event, inclusive.
23(2) “Stadium or arena” means a venue within thebegin delete state that is begin insert state.end insert
24capable of seating an audience.end delete
25(3) “Stadium or arena property” means within or upon the
26stadium or arena structure, the parking structure, and a parking lot
27adjacent tobegin delete or servingend delete the stadium or arena.
28(4) begin delete“Stadium or arena event” end deletebegin insert“Event”
end insertmeans an event at a
29stadium or arenabegin delete with an audience of more than 1,000 people in begin insert where the attendees have paid admission.end insert
30attendance.end delete
31(d) This section does not limit or prevent prosecution under any
32other applicable provision of law.
begin insertSection 602.14 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert
begin insert(a) It is unlawful for a person at any stadium,
35auditorium, sports arena, playing field, theater, race track, skating
36rink, fair, or other place where sporting or theatrical events, or
37exhibitions, are held to intentionally do any of the following:
38(1) Leave the area or areas set aside for spectators and enter
39upon the grounds, field, stage, floor, or any other area set apart
40for the participants, performers, officials, attendants, or service
P4 1personnel, unless authorized to do so by an usher or by an
2authorized representative of the sponsor of the event.
3(2) Commit an act that delays the event or interferes with the
4participants, performers, officials, attendants, service
personnel,
5or spectators at the event.
6(3) Throw, discharge, launch, or pour any solid or liquid
7substance or object, or otherwise cause a substance or object to
8be thrown, discharged, launched, or poured, unless the person is
9a duly authorized participant, performer, official, attendant, service
10personnel, or peace officer acting within the scope of his or her
11employment or duty.
12(b) A person who violates this section shall be guilty of an
13infraction, punishable by a fine of up to two hundred fifty dollars
14($250) for each violation.
No reimbursement is required by this act pursuant to
17Section 6 of Article XIII B of the California Constitution because
18the only costs that may be incurred by a local agency or school
19district will be incurred because this act creates a new crime or
20infraction, eliminates a crime or infraction, or changes the penalty
21for a crime or infraction, within the meaning of Section 17556 of
22the Government Code, or changes the definition of a crime within
23the meaning of Section 6 of Article XIII B of the California
24Constitution.
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