BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de Le�n, Chair


          AB 2457 (Levine) - Assault and battery: stadium or arena.
          
          Amended: August 4, 2014         Policy Vote: Public Safety 6-1
          Urgency: No                     Mandate: Yes
          Hearing Date: August 4, 2014                            
          Consultant: Jolie Onodera       
          
          This bill does not meet the criteria for referral to the  
          Suspense File.
          
          
          Bill Summary: AB 2457 would provide that a person who commits an  
          assault or battery on stadium or arena property on an event day  
          is guilty of a misdemeanor, subject to a fine of up to $2,000  
          for assault or $4,000 for battery, by imprisonment in county  
          jail for up to six months, or by both the fine and imprisonment.  
          This bill would also make certain behavior at specified  
          locations an infraction, subject to a fine of up to $250.

          Fiscal Impact: Non-reimbursable local costs for enforcement,  
          offset to a degree by fine revenue to the extent the bill's  
          provisions are enforced and fines are collected.

          Background: Existing law provides that an assault is punishable  
          by a fine not exceeding $1,000, or imprisonment in county jail  
          for up to six months, or both the fine and imprisonment. The  
          offense of battery is punishable by a fine of up to $2,000,  
          imprisonment in county jail for up to six months, or both the  
          fine and imprisonment. 

          This bill enhances the penalties for assault and battery that  
          occur on stadium or arena property, which is defined to include  
          the stadium/arena structure, the parking structure, and a  
          parking lot adjacent to the structure, on event days, which  
          would include the four hours prior to, and after the conclusion  
          of, the event. 

          Proposed Law: This bill would provide that a person who commits  
          an assault or battery on stadium or arena property, as defined,  
          on an event day is guilty of a misdemeanor, subject to a fine of  
          up to $2,000 for assault or $4,000 for battery, by imprisonment  
          in county jail for up to six months, or by both the fine and  








          AB 2457 (Levine)
          Page 1


          imprisonment.  This bill specifies that its provisions do not  
          apply to sports officials or athletes while engaged in an event.

          This bill would also make it an infraction, subject to a fine of  
          up to $250 per violation, for a person at any stadium, arena, or  
          other place where sporting or theatrical events or exhibitions  
          are held to do any of the following for the purpose of  
          disrupting the event or exhibition:
                 Leave the area 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 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, or launch, any solid or liquid  
               substance or object, or otherwise cause a substance to be  
               thrown, discharged, or launched, unless the person is a  
               duly authorized participant, performer, official, service  
               personnel, or peace officer acting within the scope of his  
               or her employment or duty.

          Staff Comments: By changing/enhancing the penalty for existing  
          crimes and creating new infractions, this bill imposes a  
          state-mandated local program resulting in non-reimbursable local  
          enforcement and incarceration costs, offset to a minor degree by  
          fine revenue. Staff notes that after accounting for the  
          applicable penalty assessments and fees imposed on each base  
          fine for an offense, a $250 fine for an infraction would  
          potentially cost over $1,000 to a defendant.