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INTRODUCED BY Assembly Member Gatto

FEBRUARY 24, 2012

An act to add Title 12.5 (commencing with Section 445) 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 introduced, Gatto. Improving Personal Safety at
Stadiums Act.
(1) 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, 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. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

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.