BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1128
                                                                  Page  1

          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