BILL ANALYSIS Ó
AB 1128
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Date of Hearing: May 8, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1128 (Salas) - As Amended: April 18, 2013
Policy Committee: Government
Organization Vote: 15-0
Public Safety 7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill makes it an alternate felony/misdemeanor, rather than
a misdemeanor, to furnish alcohol to a minor who thereafter
causes death or great bodily injury (GBI). Specifically, this
bill:
1)States that any person who sells to, purchases for, or
furnishes any alcoholic beverage to a person under 21 years of
age, and the person under 21 years of age consumes the alcohol
and proximately causes GBI or death to himself, herself, or
another person is guilty of an alternate felony/misdemeanor,
punishable by up to six months in the county jail, and/or a
fine of up to $1,0000, or by 16 months, two, or three years in
county jail.
2)Provides that a retail employee of a licensee shall not be
subject to a felony prosecution, as specified, for the sale of
alcoholic beverages to a person under the age of 21 unless the
retail employee knew the person to whom the beverage was sold
was under 21years of age.
FISCAL EFFECT
Unknown, probably minor nonreimbursable local law enforcement
and incarceration costs, offset to a degree by increased fine
revenue and offender financial liability.
It is not likely a significant number of offenders would serve
actual jail time under this bill. By creating an alternate
felony/misdemeanor, however, the bill does create the
AB 1128
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possibility of longer jail terms that could impact future
realignment formulae and exacerbate jail overcrowding.
COMMENTS
1)Rationale . The author contends this bill would deter and
punish dangerous criminal behavior.
2)This is the fourth time this bill has come before the
committee. In each case it cleared this committee's Suspense
File and was held in Senate Public Safety.
a) AB 1657 (Runner), 2007.
b) AB 2967 (Runner), 2006.
c) AB 454 (Runner), 2005.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081