Committee narrows trespass citation, advances bill expanding assault protections for athletic participants

A Senate committee adopted an amendment to narrow the trespass citation and voted to report House Bill 4999 to the full Senate with a recommendation that it pass.

Counsel told the panel the strike-and-insert committee substitute would amend a section of the criminal code in the crimes-against-persons article to make it a misdemeanor to commit an assault or battery against a "participant" in an athletic event, a term the bill defines to include players, coaches, administrators and other official team members. Counsel said persons convicted could be subject to a one-year suspension from sporting events and could face criminal trespassing charges if they do not abide by that suspension. Counsel said there was no fiscal impact and no second reference on the legislation.

During questions, the senator from Brook raised concerns that the trespass cross-reference—formerly an et seq. citation—would sweep in unrelated trespass provisions. Counsel agreed and described a clarifying amendment that replaces the broad et seq. language with an explicit citation to chapter 61, article 3b, sections 1 and 2 to limit the scope of the trespass provision. The committee adopted that amendment by voice vote and then adopted the strike-and-insert as amended before voting to report the bill to the full Senate.

The substitute includes an explicit exemption for sport participants acting within the scope and rules of the sport, counsel said. Counsel also noted a typographical correction and that a title amendment was not needed for this bill.

The committee took action by oral voice votes; the transcript records the chair declaring the ayes to have it. The bill will be reported to the full Senate for further consideration.