BILL ANALYSIS
AB 888
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 888 (Price)
As Amended June 10, 2009
Majority vote
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|ASSEMBLY: |50-25|(May 21, 2009) |SENATE: |26-10|(August 27, |
| | | | | |2009) |
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Original Committee Reference: G.O.
SUMMARY : 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)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 or shall be required to perform not less than 24
hours or more than 32 hours of community service during hours
when the person is not employed or is not attending school, or
a combination of fine and community service as determined by
the court.
2)Provides a second or subsequent violation of this section
shall be punished by a fine of not more than $500; or, the
person shall be required to perform not less than 36 hours or
more than 48 hours of community service during hours when the
person is not employed or is not attending school, or a
combination of fine and community service, as the court deems
just.
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;
AB 888
Page 2
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
licensed event or is otherwise authorized pursuant to this
division; and,
c) Exempts possession or consumption of an alcoholic
beverage if it occurs at a private residence where a
private school provides education from kindergarten to
grade 12.
1)Provides the penalty imposed by this law does not preclude
prosecution or the imposition of penalties under any other
provision of law.
The Senate amendments exempt possession or consumption of an
alcoholic beverage if it occurs at a private residence where a
private school provides education from kindergarten to grade 12.
AS PASSED BY THE ASSEMBLY , this bill is consistent with Assembly
actions except an amendment was added to clarify that this bill
would exempt possession or consumption of an alcoholic beverage
if it occurs at a private residence where a private school
provides education from kindergarten to grade 12.
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 : According to the author, consumption of alcohol near
a prekindergarten, elementary, or secondary education school
raises issues pertaining to safety and neighborhood character.
This bill 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.
The author maintains, the young citizens of this State have an
undeniable and fundamental right to the advantages of a school
environment which is conducive to educational goals and
prerogatives and which is totally free of alcohol abuse and
other illicit activities on or near school property (K-12).
AB 888
Page 3
The author states this bill is consistent with current law in
that ABC is specifically authorized to refuse the issuance,
other than renewal or ownership transfer, of any retail license
for premises located within at least 600 feet of schools and
public playgrounds or nonprofit youth facilities, including, but
not limited to, facilities serving Girl Scouts, Boy Scouts, or
Campfire Girls. AB 888 simply extends that provision in current
law to open containers.
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531
FN: 0001800