California Assembly Bill AB2464 Amended / Bill

 BILL NUMBER: AB 2464AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 2, 2012 INTRODUCED BY Assembly Member Gatto FEBRUARY 24, 2012 An act to add  Title 12.5 (commencing with Section 445)   Section 243.85  to  Part 1 of  the Penal Code, relating to personal safety  , and declaring the urgency thereof, to take effect immediately  . LEGISLATIVE COUNSEL'S DIGEST AB 2464, as amended, Gatto.  Improving Personal Safety at Stadiums Act.   Professional sports facilities: safety.   (1) Existing   Existing  law makes it unlawful for any person attending a professional sporting event to throw any object on or across the court or field of play with the intent to interfere with play or distract a player, or enter upon the court or field of play without permission from an authorized person any time after the authorized participants of play have entered the court or field to begin the sporting event and until the participants of play have completed the playing time of the sporting event.  This bill would require the owner of any professional sports facility to post written notices displaying the text message number and telephone number to contact arena security in order to report a violent act, as provided.   This bill, the Improving Personal Safety at Stadiums Act, would create a banned persons list, as defined, and a court would be authorized to place a defendant, convicted of committing a serious or violent felony where the crime took place on the property of a professional sports arena, on the list thereby banning the person from all professional sports arenas in the state for a certain period of time, such as a period of 1 to 5 years, inclusive for a first offense. The bill would require the banned persons list be distributed to certain entities, such as professional sports arenas, and require, on or before July 1, 2013, the Department of Justice to publish and maintain the banned persons list, including identifying information, via an Internet Web site.   The bill would require that any person convicted of a serious or violent felony, where the offense took place on the property of a professional sports arena, be subject to sentence enhancements and enhanced monetary penalties, the amount of which would be within the sound discretion of the court. Any person who enters the premises of a professional sports arena while his or her name is on the banned persons list would be guilty of a misdemeanor, punishable by up to one year in a county jail and a fine of up to ten thousand dollars ($10,000). Because this bill would create a new crime, it would impose a state-mandated local program.   The bill would establish in the State Treasury, the Stadium Violence Reward Fund to be administered by the department, available upon appropriation by the Legislature, to fund the banned persons list Internet Web site and to provide rewards for members of the general public who assist in the identification and apprehension of persons committing serious or violent felonies at a professional sports arena. The Stadium Violence Reward Fund would be funded, as specified, by each professional sporting team belonging to Major League Baseball, National Basketball Association, National Hockey League, National Football League, and Major League Soccer, located within the State of California and enhanced monetary penalties from defendants convicted of serious or violent felonies on the property of a professional sports arena.   (2) 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.   (3) This bill would declare that it is to take effect immediately as an urgency statute.  Vote:  2/3   majority  . Appropriation: no. Fiscal committee:  yes   no  . State-mandated local program:  yes   no  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 243.85 is added to the   Penal Code   , to read:   243.85. 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.   SECTION 1.   Title 12.5 (commencing with Section 445) is added to Part 1 of the Penal Code, to read: TITLE 12.5. Improving Personal Safety at Stadiums Act CHAPTER 1. GENERAL PROVISIONS 445. This act shall be known as may be cited as the Improving Personal Safety at Stadiums Act. 445.1. The Legislature hereby finds and declares that the exclusion or ejection of certain persons from all professional sports arenas, which provide the physical venue for professional sporting events showcasing teams from Major League Baseball, National Basketball Association, National Hockey League, National Football League, and Major League Soccer, is necessary to protect the health and well-being of those in attendance and to discourage undesirable and violent behavior by those attending professional sporting events. 445.2. For purposes of this title, the following terms have the following meanings: (a) "Banned persons list" means a list of individuals, developed, available, and maintained in accordance with this title, who are to be excluded or ejected from all professional sports arenas that provide the physical venue for professional sporting events showcasing teams from Major League Baseball, National Basketball Association, National Hockey League, National Football League, and Major League Soccer. (b) "Professional sports arena" means a venue within the state providing a physical place for professional sporting events showcasing teams from Major League Baseball, National Basketball Association, National Hockey League, National Football League, and Major League Soccer. (c) "Violent act" means any person who perpetrates a violent felony, pursuant to subdivision (c) of Section 667.5, or a serious felony, pursuant to subdivision (c) of Section 1192.7. CHAPTER 2. BANNED PERSONS LIST 445.3. (a) (1) A court may place a defendant, convicted of a violent act, where the crime took place on the property of a professional sports arena, on a list of persons banned from all professional sports arenas in the state. (2) Sentence enhancements pursuant to subdivisions (a) and (b) of Section 12022.7 are applicable to any conviction of a defendant for a violent act where the crime took place on the property of a professional sports arena. (b) (1) The banned persons list may include any person whose presence in a professional sports arena is determined by the courts to pose a threat to the well-being and safety of those in attendance at professional sporting events. (2) Any person placed on the banned persons list is banned from all professional sports arenas in the state, and the ban is not limited to the specific sport and the professional sports arena where the original offense took place. (c) In making the determination to place a person on the banned persons list, a court shall consider prior convictions of any crime or plea bargain in this state or under the laws of the United States, involving a serious or violent felony, or the equivalent under federal law, while in attendance of a professional sporting event at a professional sports arena or in the parking facility intended for event parking at a professional sports arena, within 24 hours of a professional sporting event. (d) (1) If the defendant has previously been convicted of a violent act, where the crime took place on the property of a professional sports arena, the court in deciding to place that person on the banned persons list may do so for a period of one to five years, inclusive. (2) If the defendant has previously been convicted twice of a violent act, where the crime took place on the property of a professional sports arena, the court in deciding to place that person on the banned persons list may do so for a period of three to 10 years, inclusive. (3) If the defendant has previously been convicted three or more times of a violent act, where the crime took place on the property of a professional sports arena, the court in deciding to place that person on the banned persons list may do so for a period of seven to 25 years, inclusive. (e) For the purposes of determining the length of time the person' s name is on the banned persons list, the court may consider a written report from the Department of Justice containing information from its records showing prior convictions. The department's report is prima facie evidence of those convictions if the defendant admits those convictions, regardless of whether or not the complaint commencing the proceedings has alleged prior convictions. 445.4. (a) The banned persons list shall be open to the public and shall be distributed to all of the following: (1) Every professional sports arena within the state. (2) Every law enforcement agency within the state. (3) Ticket vendors, including providers that sell tickets through an Internet Web site. (b) The banned persons list shall include all of the following information: (1) Name. (2) Birthdate. (3) Known aliases. (4) A photograph of the person, including the date of the photograph. (5) A physical description of the person, including height, weight, type of build, color of hair and eyes, any tattoos, scars, or other distinguishing features on the person's body that would assist in identifying the person. (6) The date the person's name was placed on the list. (c) (1) On or before July 1, 2013, the Department of Justice shall make available information concerning persons on the banned persons list to the public via an Internet Web site as specified in this subdivision. The department shall update the Internet Web site on an ongoing basis. The Internet Web site shall be translated into languages other than English as determined by the department. (2) With respect to a person who has been placed by a court on the banned persons list, the Department of Justice shall make available to the public via the Internet Web site, all of the following information: (A) Name. (B) Birthdate. (C) Residential address. (D) Known aliases. (E) A photograph of the person. (F) A physical description of the person, including height, weight, type of build, color of hair and eyes, any tattoos, scars, or other distinguishing features on the person's body that would assist in identifying the person. (G) Criminal history. (3) Creation and maintenance of the banned persons list on the department's Internet Web site shall be funded, upon appropriation by the Legislature, with moneys from the Stadium Violence Reward Fund. CHAPTER 3. PENALTIES 445.5. Any person who has been placed on the banned persons list who enters the premises of a professional sports arena while his or her name is on the banned persons list is guilty of a misdemeanor, punishable by up to one year in a county jail and a fine of up to ten thousand dollars ($10,000). 445.6. Any person convicted of a violent act at a professional sports arena shall be subject to sentence enhancements pursuant to subdivisions (a) and (b) of Section 12022.7, and enhanced monetary penalties over and above those already applicable. The amount of the enhanced monetary penalty shall be within the sound discretion of the court. CHAPTER 4. VENUE NOTICE REQUIREMENTS 445.7. (a) The owner of any professional sports arena shall post, 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, written notices displaying the text message number and telephone number to contact security in order to report a violent act. (b) The professional sports arena management and the professional sports franchise hosting the professional sporting event shall provide verbal announcements of the locations of the signage displaying the required information, as follows: (1) Once per quarter for a football game. (2) Four times per game for a baseball game. (3) Once per period for a hockey game. (4) At least three times for any other professional sporting event. CHAPTER 5. STADIUM VIOLENCE REWARD FUND 445.8. (a) (1) The Stadium Violence Reward Fund is hereby created in the State Treasury. The money in the fund is available, upon appropriation by the Legislature, and may only be used for the purposes of this title. (2) The moneys deposited in the fund shall not be used to provide a loan to any other fund. (b) The Stadium Violence Reward Fund shall be administered by the Department of Justice. The department may develop and adopt any rules, regulations, and guidelines determined to be necessary to carry out and enforce this chapter. (c) The Stadium Violence Reward Fund shall be used to fund the banned persons list Internet Web site and to provide rewards for members of the general public who assist in the identification or apprehension of persons committing violent acts at a professional sports arena. 445.9. The following moneys shall be deposited into the Stadium Violence Reward Fund: (a) (1) Each professional sporting team belonging to Major League Baseball, National Basketball Association, National Hockey League, National Football League, and Major League Soccer, located within the State of California, shall deposit, with the Department of Justice to be credited to the Stadium Violence Reward Fund, ten thousand dollars ($10,000) annually until the fund reaches one hundred eighty thousand dollars ($180,000). (2) In years where the fund falls below one hundred eighty thousand dollars ($180,000) due to the issuance of rewards and the cost of maintenance of the banned persons list Internet Web site, the professional sporting teams shall make proportional contributions until the fund again reaches one hundred eighty thousand dollars ($180,000). (b) Any enhanced monetary fines or penalties assessed by the courts for those persons convicted of violent acts at a professional sports arena. (c) It is the intent of the Legislature that the fund shall be open to donations by the general public, which would be deductible on the California income tax return.   SEC. 2.   No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.   SEC. 3.   This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to protect the health and well-being of those in attendance at, and to discourage undesirable and violent behavior by those attending professional sporting events and the earliest possible time, it is necessary that this act take effect immediately.