AB 2457,
as amended, Levine. Assault and battery: stadium orbegin delete arena: enhancement.end deletebegin insert arena.end insert
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,begin delete punishment in theend deletebegin insert imprisonment in aend insert 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 athletesbegin insert
whileend insert 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,begin insert
for the purpose of disrupting the event or exhibition,end insert 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,begin insert
orend insert launchbegin delete, or pourend delete any solid or liquid substance or object, or otherwise cause a substance or object to be thrown, discharged,begin insert orend insert launched,begin delete or poured,end delete 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,begin insert for the purpose of disrupting the event or exhibition,end insert 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. 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 be guilty of a misdemeanor,
4punishable by a fine of up to two thousand dollars ($2,000), by
5imprisonment in the county jail not exceeding six months, or by
6both that fine and imprisonment.
7(b) This section shall not apply to sports officials, as defined in
8subdivision (b) of Section 243.8, or athletesbegin insert whileend insert engaged in an
9event.
10(c) As used in this section, the following definitions shall apply:
P3 1(1) “Event day” means the period of time from four hours prior
2to the start of an event at a stadium or arena through four hours
3after the conclusion of the event, inclusive.
4(2) “Stadium or arena” means a venue within the state.
5(3) “Stadium or arena property” means within or upon the
6stadium or arena structure, the parking structure, and a parking lot
7adjacent to the stadium or arena.
8(4) “Event” means an event at a stadium or arena where the
9attendees have paid admission.
10(d) This section does not limit or prevent prosecution under any
11other 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
14arena property on an event day shall be guilty of a misdemeanor,
15punishable by a fine of up to four thousand dollars ($4,000), by
16imprisonment in the county jail not exceeding six months, or by
17both that fine and imprisonment.
18(b) This section shall not apply to sports officials, as defined in
19subdivision (b) of Section 243.8, or athletesbegin insert whileend insert engaged in an
20event.
21(c) As used in this section, the following definitions shall apply:
22(1) “Event day” means the period of time from four hours prior
23to the start of an event at a stadium or arena through four hours
24after the conclusion of the event, inclusive.
25(2) “Stadium or arena” means a venue within the state.
26(3) “Stadium or arena property” means within or upon the
27stadium or arena structure, the parking structure, and a parking lot
28adjacent to the stadium or arena.
29(4) “Event” means an event at a stadium or arena where the
30attendees have paid admission.
31(d) This section does not limit or prevent prosecution under any
32other applicable provision of
law.
Section 602.14 is added to the Penal Code, to read:
(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 followingbegin insert for
38the purpose of disrupting the event or exhibitionend insert:
39(1) Leave the area or areas set aside for spectators and enter
40upon the grounds, field, stage, floor, or any other area set apart for
P4 1the participants, performers, officials, attendants, or service
2personnel, unless authorized to do so by an usher or by an
3authorized
representative of the sponsor of the event.
4(2) Commit an act that delays the event or interferes with the
5participants, performers, officials, attendants, service personnel,
6or spectators at the event.
7(3) Throw, discharge,begin insert orend insert launchbegin delete, or pourend delete any solid or liquid
8substance or object, or otherwise cause a substance or object to be
9thrown, discharged,begin insert orend insert launched,begin delete or poured,end delete unless the person is
10a duly authorized participant, performer, official, attendant,
service
11personnel, or peace officer acting within the scope of his or her
12employment or duty.
13(b) A person who violates this section shall be guilty of an
14infraction, punishable by a fine of up to two hundred fifty dollars
15($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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