BILL ANALYSIS
AB 888
Page 1
Date of Hearing: April 22, 2008
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 888 (Price) - As Amended: April 14, 2009
Policy Committee: Governmental
Organization Vote: 13 - 1
Urgency: No State Mandated Local Program:
Yes Reimbursable:
SUMMARY
This bill prohibits, as an infraction, the possession of an
alcoholic beverage container, or consumption of an alcoholic
beverage, on a public street, alley, or sidewalk within 600 feet
of the property line of a public or private school (K-12), with
specified exceptions. Specifically, this bill:
1)Provides that any person who possesses an open alcoholic
beverage container or consumes an alcoholic beverage on a
public street, public alley, or public sidewalk within 600
feet of the property line of a facility that is a public or
private school that provides prekindergarten, elementary, or
secondary education is guilty of an infraction, and shall be
punished by a fine of not more than $250 and/or shall be
required to perform not less than 24 hours or more than 32
hours of community service.
2)Provides that a second offense shall be punishable by a fine
of not more than $500 and/or between 36 and 48 hours of
community service.
3)Specifies the following exceptions:
a) Provides the prohibition shall not apply when an
individual is in possession of an open alcoholic beverage
container for the purpose of recycling or other related
activity.
b) Provides the prohibition does not apply when the
possession of an open alcoholic beverage container, or the
consumption of an alcoholic beverage, occurs at a duly
AB 888
Page 2
licensed event or is otherwise authorized pursuant to this
division.
FISCAL EFFECT
Negligible, non-reimbursable costs for prosecution, offset by
fine revenue, for violations of provisions associated with
possessing open alcoholic beverage containers within 600 feet of
a school.
COMMENTS
1)Purpose . The goal of this bill is to create and maintain a
safe and healthy learning environment for children throughout
California. The author states this bill will help to clean-up
specific areas where schools (K-12) are located to create a
safer learning environment.
According to the author, consumption of alcohol near a K-12
school raises issues pertaining to safety and neighborhood
character. AB 888 will give cities an additional tool to
crack down on disturbance of the peace, public drunkenness,
loitering, harassment of passersby, public urination, lewd
conduct, and vandalism which at times is related to illegal
alcohol consumption.
2)Prior Legislation . AB 2187 (Aanestad; Chapter 381, Statutes of
2000) allows local governments to prohibit the possession of
open containers of alcoholic beverages in city- or
county-owned parks or public places, if the respective local
government has enacted an ordinance prohibiting the possession
or consumption of alcoholic beverages in those areas.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081