Violence towards officials

[Malcolm Tucker]

I am doing a research paper for my masters in law on violence towards sports officials and its effect.

I am aware some States passed legislation on this issue and would be pleased if someone can give me the States and any web references

Regards
Malcolm

[Jurassic Referee]

Malcom,try http://www.naso.org and look under "special reports".

[Blackhawk357]

Here's Montana's law

http://data.opi.state.mt.us/bills/mca/45/5/45-5-211.htm

Good luck on your project

Blackhawk

[Mark Padgett]

30.882 Award of liquidated damages to sports official subjected to offensive physical contact. (1) In addition to, and not in lieu of any other damages that may be claimed, a plaintiff who is a sports official shall receive liquidated damages in an amount not less than $500 but not more than $1,000 in any action in which the plaintiff establishes that:
(a) The defendant intentionally subjected the plaintiff to offensive physical contact;
(b) The defendant knew that the plaintiff was a sports official at the time the offensive physical contact was made;
(c) The offensive physical contact is made while the plaintiff is within, or in the immediate vicinity of, a facility at which the plaintiff serves as a sports official for a sports event; and
(d) The offensive physical contact is made while the plaintiff is serving as a sports official or within a brief period of time thereafter.
(2) The court shall award reasonable attorney fees to a prevailing plaintiff in an action in which liquidated damages are awarded under this section.
(3) An award of liquidated damages under this section is not subject to ORS 18.535, 18.537 or 18.540.
(4) As used in this section, “sports official” means a person who:
(a) Serves as a referee, umpire, linesman or judge or performs similar functions under a different title; and
(b) Is a member of, or registered by, a local, state, regional or national organization that engages in providing education and training in sports officiating. [1999 c.786 s.1]

Note: Section 2, chapter 786, Oregon Laws 1999, provides:

Sec. 2. Section 1 of this 1999 Act [30.882] applies only to causes of action that arise on or after the effective date of this 1999 Act [October 23, 1999]. [1999 c.786 s.2]

[tharbert]

Illinois: HB1604 93rd General Assembly 093_HB1604
Summary view
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... 1 subsequent offense upon a person convicted of or placed 2 on supervision for battery when the individual harmed was 3 a sports official at any level of competition and the act 4 causing harm to the sports official occurred within an 5 athletic facility or within ...
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... for battery when the individual harmed was 3 a sports official at any level of competition and the act 4 causing harm to the sports official occurred within an 5 athletic facility or within the immediate vicinity of the 6 athletic facility at which the sports ...
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... official occurred within an 5 athletic facility or within the immediate vicinity of the 6 athletic facility at which the sports official was an 7 active participant of the athletic contest held at the 8 athletic facility. For the purposes of this paragraph 9 ...
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... active participant of the athletic contest held at the 8 athletic facility. For the purposes of this paragraph 9 (11), "sports official" means a person at an athletic 10 contest who enforces the rules of the contest, such as an 11 umpire or referee. 12 (d) ...

The whole bill may be seen at http://www.legis.state.il.us/legisla...9300hb1604.htm

[Striker991]

Originally posted by Mark Padgett
(b) Is a member of, or registered by, a local, state, regional or national organization that engages in providing education and training in sports officiating

Why is this limitation necessary? This could be dangerous..if someone is operating in an official capacity but not a member of an association, they wouldn't be covered under this clause. It is possible the limitation was necessary to prevent the misuse of this law during pick-up games and other playground-type activities. However, what if John Smith was once a member of an organization, had to quit, but happened to attend a game that came up short an official? He volunteers to help out, then is assaulted by an irate player. Would he be covered? By this wording, he wouldn't be.

Comments?

[NWRef]

"However, what if John Smith was once a member of an organization, had to quit, but happened to attend a game that came up short an official? He volunteers to help out, then is assaulted by an irate player. Would he be covered? By this wording, he wouldn't be."

**Even if that distinction was made he would still be covered under the garden variety assault and battery laws on the books that apply to John Q. Public. The laws are in place to prosecute and the offended official could still sue the aggressor in a civil suit to recover damages.

That same type of law was proposed here in Idaho but the legislature decided that the existing laws for assault were good enough.

[Mark Padgett]

Originally posted by Striker991
Why is this limitation necessary? This could be dangerous..if someone is operating in an official capacity but not a member of an association, they wouldn't be covered under this clause. It is possible the limitation was necessary to prevent the misuse of this law during pick-up games and other playground-type activities. However, what if John Smith was once a member of an organization, had to quit, but happened to attend a game that came up short an official? He volunteers to help out, then is assaulted by an irate player. Would he be covered? By this wording, he wouldn't be.

Comments?

There was no way we were going to get this law passed if it covered guys helping out in someone's driveway. The legislators felt that only officials who received recent training in dealing with unruly fans, coaches and players should be covered. I don't disagree. In my rec league, we make all officials "members" of our organization and we do have training sessions, so they qualify.

Note that this law covers all NASO members, since the case play discussions in their newsletter are considered training (I asked about this in committee hearings and was told that "training" did not have to be in person, but could be self-study, as long as you were a member of the association that provided it).

[Malcolm Tucker]

Thanks for the responses

Any more sources will be most welcome

Regards
Malcolm

[NWRef]

The proposed legislation in Idaho was House Concurrent Resolution # 32 of the 56th Legislature First regular Session of 2001. I believe it died in committee. Hope this helps.

[PublicBJ]

Oklahoma has a law too, it's a criminal gross misdemeanor. Don't have a link, though.