BILL ANALYSIS
AB 58
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Date of Hearing: April 1, 2009
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Curren D. Price, Chairman
AB 58 (Jeffries) - As Introduced: December 5, 2008
SUBJECT : AB 58 (Jeffries), Sports Betting Pools
SUMMARY : Changes the penalty for an individual who
participates in a betting pool, including a sporting event from
misdemeanor to an infraction. Specifically, this bill :
1)Makes it an infraction punishable by a fine not to exceed two
hundred fifty dollars ($250), for a person participating in a
bet, wager, or betting pool with another person or group of
persons who are not acting for gain, hire, or reward other
than that at stake under conditions available to every
participant..
EXISTING LAW :
1)Makes it either a misdemeanor or a felony, punishable by
imprisonment in either a county jail or in the state prison,
for a person, whether or not for gain, hire, or reward, to
make a betting pool or place a bet or wager on the result of
any contest or event, including a sporting event, as
specified.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, this bill would
decriminalize participation in Super Bowl pools, March Madness
brackets, and other sports betting pools commonly found at
parties and in offices all over the country. Under current law,
participating in these types of pools is a misdemeanor crime,
punishable by up to a $5,000 fine and up to a year in prison
(Government Code Section 337a).
The author states, this bill was prompted by an incident that
occurred in 2006 in the community of Wildomar, in western
Riverside County. Margaret Hamblin, 73, and Cari Gardner, 39,
both of Wildomar, were charged with operating a $50 football
pool at the Wildomar Elks Lodge. Hamblin and Gardner both
pleaded not guilty.
AB 58
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AB 58 would lessen this charge from misdemeanor to an infraction
punishable by a fine that is not to exceed $250. Commercial
sports betting and operating betting pools for profit would
continue to be treated as they are today.
Related Legislation : AB 1852 (Jeffries), 2008 Session, Vetoed
on September 28, 2008.
Veto Message : On September 28, 2008, Governor Schwarzenegger
issued the following message for AB 1852:
"To the Members of the California State Assembly:
I am returning Assembly Bill 1852 without my signature.
The historic delay in passing the 2008-2009 State Budget has
forced me to prioritize the bills sent to my desk at the end of
the year's legislative session. Given the delay, I am only
signing bills that are the highest priority for California.
This bill does not meet that standard and I cannot sign it at
this time."
Double Referral : This bill is double-referred to the Assembly
Public Safety Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Rod Brewer / G. O. / (916) 319-2531