BILL ANALYSIS �
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair A
2013-2014 Regular Session B
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AB 2457 (Levine) 7
As Amended June 15, 2014
Hearing date: June 24, 2014
Penal Code
JRD:mc
ASSAULT AND BATTERY:
STADIUM OR ARENA: ENHANCEMENT
HISTORY
Source: Author
Prior Legislation: None known
Support: Anaheim Ducks Hockey Club and Honda Center; San
Francisco Giants; San Diego Padres
Opposition:California Attorneys for Criminal Justice; Taxpayers
for Improving Public Safety
Assembly Floor Vote: Ayes 76 - Noes 0
KEY ISSUE
SHOULD NEW CRIMES BE CREATED TO PREVENT VIOLENCE IN STADIUMS AND
ARENAS?
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PURPOSE
The purpose of this legislation is to (1) provide 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; and (2) make certain
behavior at specified locations infractions subject to a $250
fine.
Existing law provides that an assault is punishable by a fine
not exceeding one thousand dollars ($1,000), or by imprisonment
in the county jail not exceeding six months, or by both the fine
and imprisonment. (Penal Code � 241(a).)
Existing law provides that a battery is punishable by a fine not
exceeding two thousand dollars ($2,000), or by imprisonment in a
county jail not exceeding six months, or by both that fine and
imprisonment. (Penal Code � 243(a).)
Existing law 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. (Penal Code
� 243.85.)
Existing law provides that an assault is an unlawful attempt,
coupled with a present ability, to commit a violent injury on
the person of another. (Penal Code � 240.)
Existing law 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 two thousand dollars ($2,000), or by imprisonment in
the county jail not exceeding six months, or by both the fine
and imprisonment. (Penal Code
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� 241(b).)
Existing law 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 two thousand dollars ($2,000), or by imprisonment in a
county jail not exceeding one year, or by both the fine and
imprisonment. (Penal Code � 241(c).)
Existing law defines battery as any willful and unlawful use of
force or violence upon the person of another. (Penal Code �
242.)
Existing law 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
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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 two thousand dollars ($2,000), or by
imprisonment in a county jail not exceeding one year, or by both
that fine and imprisonment. (Penal Code � 243(b).)
This bill provides that a person who commits an assault on
stadium or arena property on an event day shall be guilty of a
misdemeanor, punishable by a fine of up to two thousand dollars
($2,000), by imprisonment in the county jail not exceeding six
months, or by both that fine and imprisonment.
This bill provides that a person who commits a battery on
stadium or arena property on an event day shall be guilty of a
misdemeanor, punishable by a fine of up to four thousand dollars
($4,000), by imprisonment in the county jail not exceeding six
months, or by both that fine and imprisonment.
This bill makes it an infraction, subject to a fine of up to two
hundred fifty dollars ($250) for each violation, for a person at
any stadium, auditorium, sports arena, playing field, theater,
race track, skating rink, fair, or other place where sporting or
theatrical events, or exhibitions, are held to intentionally do
any of the following:
Leave the area or areas set aside for spectators and
enter upon the grounds, field, stage, floor, or any other
area set apart for the participants, performers, officials,
attendants, or service personnel, unless authorized to do
so by an usher or by an authorized representative of the
sponsor of the event.
Commit an act that delays the event or interferes with
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the participants, performers, officials, attendants,
service personnel, or spectators at the event.
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,
unless the person is a duly authorized participant,
performer, official, attendant, service personnel, or peace
officer acting within the scope of his or her employment or
duty.
This bill provides the following definitions:
"Event day" means the period of time from four hours
prior to the start of an event to four hours after the
conclusion of the event.
"Stadium or arena" means venue within the state.
"Stadium or arena property" means within or upon the
stadium or arena structure, the parking structure, and a
parking lot adjacent to the stadium or arena.
"Event" means an event at a stadium or arena where the
attendees have paid admission.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the last several years, severe overcrowding in California's
prisons has been the focus of evolving and expensive litigation
relating to conditions of confinement. On May 23, 2011, the
United States Supreme Court ordered California to reduce its
prison population to 137.5 percent of design capacity within two
years from the date of its ruling, subject to the right of the
state to seek modifications in appropriate circumstances.
Beginning in early 2007, Senate leadership initiated a policy to
hold legislative proposals which could further aggravate the
prison overcrowding crisis through new or expanded felony
prosecutions. Under the resulting policy, known as "ROCA"
(which stands for "Receivership/ Overcrowding Crisis
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Aggravation"), the Committee held measures that created a new
felony, expanded the scope or penalty of an existing felony, or
otherwise increased the application of a felony in a manner
which could exacerbate the prison overcrowding crisis. Under
these principles, ROCA was applied as a content-neutral,
provisional measure necessary to ensure that the Legislature did
not erode progress towards reducing prison overcrowding by
passing legislation, which would increase the prison population.
In January of 2013, just over a year after the enactment of the
historic Public Safety Realignment Act of 2011, the State of
California filed court documents seeking to vacate or modify the
federal court order requiring the state to reduce its prison
population to 137.5 percent of design capacity. The State
submitted that the, ". . . population in the State's 33 prisons
has been reduced by over 24,000 inmates since October 2011 when
public safety realignment went into effect, by more than 36,000
inmates compared to the 2008 population . . . , and by nearly
42,000 inmates since 2006 . . . ." Plaintiffs opposed the
state's motion, arguing that, "California prisons, which
currently average 150% of capacity, and reach as high as 185% of
capacity at one prison, continue to deliver health care that is
constitutionally deficient." In an order dated January 29,
2013, the federal court granted the state a six-month extension
to achieve the 137.5 % inmate population cap by December 31,
2013.
The Three-Judge Court then ordered, on April 11, 2013, the state
of California to "immediately take all steps necessary to comply
with this Court's . . . Order . . . requiring defendants to
reduce overall prison population to 137.5% design capacity by
December 31, 2013." On September 16, 2013, the State asked the
Court to extend that deadline to December 31, 2016. In
response, the Court extended the deadline first to January 27,
2014 and then February 24, 2014, and ordered the parties to
enter into a meet-and-confer process to "explore how defendants
can comply with this Court's June 20, 2013 Order, including
means and dates by which such compliance can be expedited or
accomplished and how this Court can ensure a durable solution to
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the prison crowding problem."
The parties were not able to reach an agreement during the
meet-and-confer process. As a result, the Court ordered
briefing on the State's requested extension and, on February 10,
2014, issued an order extending the deadline to reduce the
in-state adult institution population to 137.5% design capacity
to February 28, 2016. The order requires the state to meet the
following interim and final population reduction benchmarks:
143% of design bed capacity by June 30, 2014;
141.5% of design bed capacity by February 28, 2015; and
137.5% of design bed capacity by February 28, 2016.
If a benchmark is missed the Compliance Officer (a position
created by the February 10, 2016 order) can order the release of
inmates to bring the State into compliance with that benchmark.
In a status report to the Court dated May 15, 2014, the state
reported that as of May 14, 2014, 116,428 inmates were housed in
the State's 34 adult institutions, which amounts to 140.8% of
design bed capacity, and 8,650 inmates were housed in
out-of-state facilities.
The ongoing prison overcrowding litigation indicates that prison
capacity and related issues concerning conditions of confinement
remain unresolved. While real gains in reducing the prison
population have been made, even greater reductions may be
required to meet the orders of the federal court. Therefore,
the Committee's consideration of ROCA bills -bills that may
impact the prison population - will be informed by the following
questions:
Whether a measure erodes realignment and impacts the
prison population;
Whether a measure addresses a crime which is directly
dangerous to the physical safety of others for which there
is no other reasonably appropriate sanction;
Whether a bill corrects a constitutional infirmity or
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legislative drafting error;
Whether a measure proposes penalties which are
proportionate, and cannot be achieved through any other
reasonably appropriate remedy; and,
Whether a bill addresses a major area of public safety
or criminal activity for which there is no other
reasonable, appropriate remedy.
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COMMENTS
1. Need for Legislation
The author states, in part:
Far too often fans are involved in violent altercations
at sports venues. 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.
To deter this kind of violence, AB 2457 bill would create
a specific fine for these kinds of crimes.
Professional sports franchises support this bill because
this kind of violence between sports fans is unacceptable
and cannot be tolerated. Professional sports franchises
and leagues are all taking this seriously and are taking
proactive steps to deal with this dangerous problem.
These teams see this bill as a key component in a public
education campaign. Such a campaign would remind fans
"It's Just A Game." With this kind of campaign, the
escalation of good natured banter and razzing may stop
short of actual violence.
This bill would only apply to assault or battery that is
committed on stadium or arena property on an event day.
This bill is narrowly crafted because game day at the
sporting venue is where we can reach fans, this is where
the fan violence may escalate, and this is where we can
seriously deter the crimes.
2. Effect of Legislation
This bill creates a new type of assault and battery in
California-assault and battery on stadium or arena property on
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an event day.<1> In doing so, the bill imposes a new fine of up
to $2,000 for an assault and up to $4,000 for a battery.
This legislation would, additionally, make it an infraction to:
Leave the area or areas set aside for spectators and
enter upon the grounds, field, stage, floor, or any other
area set apart for the participants, performers, officials,
attendants, or service personnel, unless authorized to do
so by an usher or by an authorized representative of the
sponsor of the event.
Commit an act that delays the event or interferes with
the participants, performers, officials, attendants,
service personnel, or spectators at the event.
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,
unless the person is a duly authorized participant,
performer, official, attendant, service personnel, or peace
officer acting within the scope of his or her employment or
duty.
Any person found guilty of one these infractions would face a
fine of up to $250.
In addition to the fines described above, there are penalty
assessments and fees assessed on each base fine for a crime.
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<1> The title of the legislation states that this is an
"enhancement." Enhancements differ from substantive offenses
defining criminal acts, instead focusing on "aspects" of
criminal acts that are not always present but warrant increased
punishment. Enhancements can take the form of an increased
sentence if certain, particularly aggravating, factors are
present in the commission of a crime. Typical enhancements
include committing the same offense multiple times, or
particular brutality. This legislation does not create new
enhancements, but rather new substantive offenses.
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The current penalty assessments are approximately 310% plus a
flat fee of $79. For example, assuming a defendant was fined
$10,000, the following penalty assessments would be imposed
pursuant to the California Penal Code and the Government Codes:
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 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
In application, a $250 fine would be over $1000 after penalty
assessments.
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