BILL ANALYSIS
AB 58
Page 1
ASSEMBLY THIRD READING
AB 58 (Jeffries)
As Introduced December 5, 2008
Majority vote
GOVERNMENTAL ORGANIZATION 18-1 PUBLIC SAFETY 7-0
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|Ayes:|Price, Chesbro, Cook, | |Solorio, Hagman, |
| |Coto, De Leon, Evans, |Ayes:|Furutani, Gilmore, Hill, |
| |Galgiani, Hall, Hill, | |Ma, Skinner |
| |Jeffries, Lieu, Mendoza, | | |
| |Nestande, Portantino, | | |
| |Silva, Torres, Torrico, | | |
| |Tran | | |
| | | | |
|-----+--------------------------+-----+-------------------------|
|Nays:|Anderson | | |
| | | | |
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APPROPRIATIONS 16-0
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|Ayes:|De Leon, Nielsen, | | |
| |Ammiano, | | |
| |Charles Calderon, Davis, | | |
| |Duvall, Fuentes, Hall, | | |
| |Harkey, Miller, | | |
| |John A. Perez, Price, | | |
| |Skinner, Solorio, Audra | | |
| |Strickland, Torlakson | | |
|-----+--------------------------+----+--------------------------|
| | | | |
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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 : Makes it an
infraction punishable by a fine not to exceed $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 makes it either a misdemeanor or a felony,
AB 58
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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 : According to the Assembly Appropriations
Committee, there are no significant costs associated with this
legislation.
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 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.
Analysis Prepared by : Rod Brewer / G. O. / (916) 319-2531
FN: 0000587