BILL ANALYSIS �
AB 2457
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Date of Hearing: April 29, 2014
ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND
INTERNET MEDIA
Ian C. Calderon, Chair
AB 2457 (Levine) - As Amended: April 24, 2014
SUBJECT : Assault and battery: stadium or arena: enhancement.
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 $2,000 for assault and
$4,000 for battery. Specifically, this bill :
1)Provides that any person who commits an assault on stadium or
arena property on an event day, shall be subject to a fine of
up to $2,000, by imprisonment in the county jail not exceeding
six months, or by both that fine and imprisonment.
2)Further provides, that any person who commits battery on
stadium or arena property on an event day, shall be subject to
a fine of up to $4,000, by imprisonment in the county jail not
exceeding six months, or by both that fine and imprisonment.
3)Allows an exception for players or sports officials, as defined
in Penal Section 243.8.
4)Contains the following definitions:
a) "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.
b) "Stadium or arena" as a venue within the state that is
capable of seating an audience.
c) "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.
d) "Stadium or arena event" means an event at a stadium or
arena where attendees have paid an admission.
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EXISTING LAW :
1)Provides that an assault is punishable by a fine not exceeding
$1,000, or by imprisonment in the county jail not exceeding six
months, or by both the fine and imprisonment.
2)Provides that a battery is punishable by a fine not exceeding
$2,000, or by imprisonment in a county jail not exceeding six
months, or by both that fine and imprisonment.
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.
4)Provides that an assault is an unlawful attempt, coupled with a
present ability, to commit a violent injury on the person of
another.
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
$2,000, or by imprisonment in the county jail not exceeding six
months, or by both the fine and imprisonment.
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 $2,000, or by imprisonment in a county
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jail not exceeding one year, or by both the fine and
imprisonment.
7)Defines battery as any willful and unlawful use of force or
violence upon the person of another.
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 $2,000, or by imprisonment in a county
jail not exceeding one year, or by both that fine and
imprisonment.
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "California is
home to a long list of rival sports teams. These rivalries are
good for sports. But recently we have seen an alarming
increase in fan violence. Such violence often starts with a
friendly banter and razzing amongst fans of rival teams. This
may quickly escalate and these exchanges can turn into loud
arguments, aggressive pushing and shoving, and dangerous
violent acts.
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"This bill would create a mandatory fine for these crimes. My
hope is that this mandatory fine will create a deterrent for
sports fans that act out violently against fans of rival teams.
I would like to see sports teams engage in a public education
campaign where fans are reminded, "It's Just A Game." This
campaign may involve public service announcements during the
game. Fans would be reminded that fan violence will not be
tolerated and will result in a mandatory fine. With this kind
of campaign, I believe the escalation of good natured banter
will stop short of actual violence."
2)Background: Fan Violence: Professional Sports Responds With
Codes of Fan Conduct : According to the author, this bill is
necessary to restore Californians' faith in their ability to
safely attend professional games, in part because of the high
profile attack near Dodger Stadium in Los Angeles of Brian Stow
last year and the tragic stabbing death of Dodgers fan Jonathan
Denver in San Francisco following a Giants baseball game last
season.
With regard to those incidents, San Francisco police say
Denver, 24, was with his father, brother and two other
people a few blocks from the San Francisco Giants'
ballpark following a Giants game when their group
exchanged words with some Giants fans who were leaving a
nightclub. The exchange turned physical and Denver, who
was wearing Dodgers gear, was stabbed to death. His
attackers did not attend the game, police said.
This story is tragically similar to another incident of
fan violence, which happened in Los Angeles. According to
the Los Angeles Police Department, Bryan Stow was leaving
Dodger Stadium along with several of his friends following
the conclusion of the Los Angeles Dodgers vs. the San
Francisco Giants baseball game. The two suspects, who
were wearing Dodger attire, began taunting the victims
because of their affiliation with the San Francisco
Giants. As the victim and his friends attempted to walk
away from the suspects, the victim was hit from behind and
fell to the ground. The victim's friends attempted to
intervene and they too were hit by the suspects. This
incident happened in a private off-site parking lot, not
controlled by the Dodger organization.
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In response to that incident, the LA Dodgers have
instituted greater safety measures, and tightened their
enforcement of their Fan Code of Conduct, including a ban
on all tailgating before games. In fact all 30 teams in
Major League Baseball have long had their own code of
conduct, according to information found on MLB.com. It is
also a case-by-case team decision how that code will be
communicated to the fans. The vast majority of the teams
(24 of 30) have a fan phone or text number, to which fans
may report unruly behavior. And many stadiums have
visible signage with the numbers displayed.
In the NBA, their Fan Code of Conduct, adopted on Feb. 17,
2005, sets forth expected standards of decorum for all fans
attending NBA games, is posted prominently in all NBA arenas,
and public address announcements concerning some of its key
elements are made during each NBA game. Guests who fail to
adhere to these standards are subject to ejection and
revocation of season tickets.
The NBA Guidelines also set forth minimum standards regarding
the serving of alcohol, including the provision that alcohol be
served only until the start of the fourth quarter, restrictions
on the size (24 ounces) and number (two) of alcoholic beverages
sold per individual customer, the training of arena personnel
in effective alcohol management, and the maintenance of
designated driver programs in each NBA arena.
The NFL and all 32 NFL clubs have followed a fan code of
conduct to help promote a "positive fan environment at NFL
stadiums," since Nov. 18, 2008, according to NFL.com.
"The fan code of conduct is designed to set clear expectations
and encourage a stadium environment that is enjoyable for all
fans. Teams may add additional provisions to the standard code
based on local circumstances or preferences. Each team will
communicate its code of conduct during the preseason to
season-ticket holders and fans through mailings, online, and
in-stadium signage, and other messages."
These policies have not come without controversy. In San
Diego, a Kansas City fan who was removed from a Chargers game
and subsequently charged with battery on the stadium security
guards who escorted him out (charges later dismissed by the
court), has sued the NFL and Qualcomm Stadium for infringing
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his first amendment rights to free speech. Asserting that fans
have the right to express their support for their teams through
language and gestures, Jason Ensign claims a constitutional
right to engage in obscenities.
The San Diego City Attorney stated in support of the code of
conduct, "I'm concerned about the deterrence of crime at these
sporting events. The code of conduct is designed to be a
deterrent and stop that. The idea of families going to a
ballgame, they should not fear there being brawls and all this.
People say, 'We should be able to do what we want and say what
we want, but I buy tickets too'. And if I'm sitting there with
my kids, I don't want someone in front of me provoking a brawl
behind me." The NFL is defending the policy saying, the code
of conduct has reduced fan incidents at stadiums and they are
not aware of any other legal challenges it.
(San Diego court case tests legality of NFL's fan conduct code,
June 15, 2011, AP June 15, 2011, retrieved 4/23/12 at
http://www.nfl.com/news/story/09000d5d8205634f/printable/sa...)
However, the chances of Mr. Ensign winning his first amendment
case were slim at the outset. "Historically, courts presented
with issues relating to season tickets and personal seat
licenses have treated season tickets as licenses and have
supported the team's ownership of tickets. This stems from the
commonly accepted rule that a single admission ticket to a
place of amusement is 'a mere license to witness the
performance, which the owner or proprietor may revoke at
will'." Davis, The Myth and Mystery of Personal Seat Licenses
and Season Tickets, (2007) Saint Louis University School of
Law, 241. This notion was supported by People v. Waisvisz, 582
N.E.2d 1383, 1386 (Ill. App. Ct. 1991), appeal denied, 591
N.E.2d 30 (Ill. 1992) "A ticket to a sporting or entertainment
event is a license which may be revoked at the will of its
issuer." See also Finnesey v. Seattle Baseball Club, 210 P.
679, 681 (Wash. 1922) ("[A] ticket of admission [to baseball
park] is a mere license, revocable at the will of the
proprietor, even after the holder has entered the [park] and
has taken the seat.").
3)Double Fines and Double Punishment Issues Raised in Public
Safety Committee :
a) Considerations Regarding the Fine : This bill imposes an
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additional fine of up to $2,000 or $4,000 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
(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
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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
b) 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.
4)Recent Amendments Taken in Committee on Public Safety Reduce
Fines : This bill was recently heard in the Assembly Public
Safety Committee and was amended in that committee to
substantially reduce the penalty for a person who commits an
assault or batters on stadium or arena property on an event
day, from an additional fine of up to $10,000, down to the
current levels which are a potential $2,000 for assault and up
to $4,000 for a battery.
5)Opposition : The Taxpayers for Improving Public Safety continue
to oppose as amended, based upon their belief that, "Sporting
event stadiums have already taken prudent and increased
measures to proactively address disruptive behavior which may
later contribute to angry outbursts; and this is demonstrated
by the increase in security staff, and making immediate texting
technology available to attendees so as to alert security to
trouble areas, among other things such as cutting-off of
alcohol sales."
They also point out that, "Both crime examples cited by the
author's office as the impetus for the bill occurred off of
stadium grounds and yet AB 2457 seems to focus upon stadium
property." Finally, they assert, "If improving public safety
is the overall objective of the measure, then it defies logic
to focus upon stadium sporting event assault and battery crimes
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while ignoring assault and battery at community sporting
events, parades and other public gatherings, or upon someone's
mother/sister/daughter who is simply walking down the street.
As for increasing fiscal penalties, there is no evidence to our
knowledge that any offenders ever stop to contemplate fines
before letting their emotions erupt into violence and so the
justification for AB 2457 is unclear as to how public safety
will be improved, if passed into law."
6)Prior Related Legislation : AB 2464 (Gatto), Chapter 261,
Statutes of 2012, also came in the wake of the Bryan Stowe
incident in Los Angeles. That bill required owners of
professional sports facilities to post written notices
displaying the text message number and telephone number to
contact security in order to report a violent act in a place
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.
REGISTERED SUPPORT / OPPOSITION :
Support
San Francisco Giants
Opposition
California Attorneys for Criminal Justice
Taxpayers for Improving Public Safety
Analysis Prepared by : Dana Mitchell / A.,E.,S.,T. & I.M. /
(916) 319-3450