BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2457
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          ASSEMBLY THIRD READING
          AB 2457 (Levine)
          As Amended  April 24, 2014
          Majority vote 
           
          PUBLIC SAFETY           7-0                         ARTS,  
          ENTERTAINMENT, SPORTS       6-0
           
           ----------------------------------------------------------------- 
          |Ayes:|Ammiano, Hagman,          |Ayes:|Ian Calderon, Waldron,    |
          |     |Jones-Sawyer, Quirk,      |     |Bloom, Gomez, Levine,     |
          |     |Skinner, Stone, Waldron   |     |Wilk                      |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           APPROPRIATIONS      17-0                                        
           
           -------------------------------- 
          |Ayes:|Gatto, Bigelow,           |
          |     |Bocanegra, Bradford, Ian  |
          |     |Calderon, Campos,         |
          |     |Donnelly, Eggman, Gomez,  |
          |     |Holden, Jones, Linder,    |
          |     |Pan, Quirk,               |
          |     |Ridley-Thomas, Wagner,    |
          |     |Weber                     |
          |     |                          |
           -------------------------------- 
           SUMMARY  :  Provides that a person who commits an assault or a  
          battery on stadium or arena property on an event day shall be  
          subject to an additional fine of up to $2,000 for assault or  
          $4,000 for battery.  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.

          4)Specifies that "stadium or arena property" means within or  
            upon the stadium or arena structure, the parking structure,  








                                                                  AB 2457
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            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 who has paid admission.  

           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  








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            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 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  :  According to the Assembly Appropriations  
          Committee, negligible local law enforcement and incarceration  
          costs, offset to an unknown degree by increased fine revenue.









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           COMMENTS  :  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 fans.   
          However, this may quickly escalate and these exchanges can turn  
          into loud arguments, aggressive pushing and shoving, and  
          dangerous violent acts.  

          "By increasing fines 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."  
           
          Please see the policy committee analysis for a full discussion  
          of this bill.  


          Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916)  
          319-3744 


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