BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 58|
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THIRD READING
Bill No: AB 58
Author: Jeffries (R)
Amended: As introduced
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/9/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 71-1, 5/14/09 - See last page for vote
SUBJECT : Non-commercial sports betting pools
SOURCE : Author
DIGEST : This bill provides that participation in a
non-commercial betting pool is an infraction, punishable by
a maximum fine of $250, plus penalty assessments.
ANALYSIS : Existing law (Penal Code Section 337a) defines
the alternate felony-misdemeanor of bookmaking or pool
selling and applies that crime to the following
circumstances:
1.Any person who engages in pool selling or bookmaking,
with or without writing, at any time or place.
2.Any person who keeps or occupies any place with documents
CONTINUED
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or paraphernalia for the purpose of recording any bet or
wager on any contest of skill, speed, et cetera of person
or animal or mechanical apparatus.
3.Any person who receives, holds, or forwards any money,
consideration, or representation thereof, bet, pledge, et
cetera, upon the result of any trial, contest of skill,
speed or power of endurance of person or animal, or
between persons, or mechanical apparatus, or upon the
result of any chance or unknown or contingent event.
4.Any person who, at any time or place, records, or
registers any bet or wager on the result of any contest
of skill, speed or power of endurance of person or animal
upon the result, or purported result, of any chance or
contingent event whatsoever.
5.Any person who, being the owner, lessee or occupant of
any room, structure or vessel, as specified, permits the
same to be used or occupied for any purpose, or in any
manner prohibited by law.
6.Any person who makes, offers or accepts any wager upon
the result, or purported result, of any trial or contest
of skill, speed, et cetera, is punishable by imprisonment
in a county jail for up to one year, a fine up to $5,000,
or both, or by imprisonment in the state prison for 16
months, two e years or three years.
7.The crimes defined in Section 337a also apply t conduct
that purports to accomplish the noted acts.
Existing law states that where a defendant is convicted of
bookmaking or pool selling for a second time, the defendant
shall, if not imprisoned in state prison, be imprisoned in
the county jail for a period of not more than one year; pay
a fine of not less than $1,000 nor more than $10,000; or be
punished by both such fine and imprisonment. The court may
place the defendant on probation. However, as a condition
of probation the defendant must pay a fine of between
$1,000 and $10,000, or be imprisoned in the county jail for
a period of not more than one year. (Penal Code Section
337a, subd. (b).)
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Existing law provides where the defendant has been
previously convicted two or more times of bookmaking or
pool selling, the defendant shall, if he or she is not
imprisoned in the state prison, be imprisoned in the county
jail for a period of not more than one year, pay a fine of
not less than $1,000 nor more than $15,000, or both. The
court may place the defendant on probation provided,
however, that he or she must pay a fine of not less than
$1,000 nor more than $15,000 or to be imprisoned in the
county jail for a period of not more than one year as a
condition thereof. (Penal Code Section 337a, subd. (c).)
Existing law states that any person who bribes, or offers
to bribe, any person who is or will be umpiring, judging,
supervising, et cetera, any sporting event, contest, or
exhibition of any kind, with the intention or agreement
that such person shall corruptly umpire, judge, et cetera,
such event, contest, or exhibition is guilty of a felony
and shall be punished by imprisonment in the state prison
for 16 months, two years or three years, a fine not
exceeding $5,000, or both. (Penal Code Section 337d).
Existing law states that it is unlawful for any person, as
owner, lessee, or employee, whether for hire or not, either
solely or in conjunction with others, to do any of the
following without having first procured and thereafter
maintained in effect all federal, state, and local licenses
required by law: to deal, operate, carry on, conduct,
maintain, or expose for play in California any controlled
game; to receive, directly or indirectly, any compensation
or reward or any percentage or share of the revenue, for
keeping, running, or carrying on any controlled game; or to
manufacture, distribute, or repair any gambling equipment
within the boundaries of this state, or to receive,
directly or indirectly, any compensation or reward for the
manufacture, distribution, or repair of any gambling
equipment within the boundaries of California. (Penal Code
Section 337j, subd. (a).)
Existing law provides that all persons and establishments
involved in the gambling operations must be licensed and
regulated by the Department of Justice, Division of
Gambling Control. (Business and Professions Code Section
19802, subd. (h).)
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This bill changes the penalty for participation in a
"sports betting pool," as specified, from a misdemeanor to
an infraction, punishable by a fine not to exceed $500.
This bill provides that a sports betting pool is a betting
pool that is not operated for financial gain or hire, other
than the amount at stake under conditions available to
every participant in the pool as a result of any contest of
skill, speed, et cetera.
This bill limits the size of a sports betting pool, as
defined by this bill, to a pool involving no more than
$2,500.
This bill specifies that a sports betting pool cannot be
conducted on-line.
Prior Legislation
AB 1852 (Jeffries), 2007-08 Session . Passed the Senate on
7/7/08 with a 36-1 vote. (NOES: Wiggins) The bill was
vetoed by the Governor based on budget-related
considerations unrelated to the policy issues raised by the
bill.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/19/09)
California Public Defenders Association
ARGUMENTS IN SUPPORT :
According to the author's office:
"About 18 months ago, in western Riverside County, a
73-year-old grandmother was charged with a crime for
operating a $50 football pool at the Wildomar Elks
Lodge. Little did she know that existing law makes
participation in such pools a misdemeanor or a felony,
punishable by up to one year in imprisonment and/or a
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$5,000 fine, or by imprisonment in state prison. This
means that vital law enforcement resources are expended
to investigate, charge and prosecute these two women
for participating in an activity that is as common as
speeding. Statistics show:
"1. 58 percent of the human resources professionals
said their company's employees have participated in
Super Bowl pools.
"2. 55 percent have participated in regular-session
football pools.
"3. 1 in 10 said employees participate in fantasy
football leagues at work.
"4. 30% said employees at their operations bet in
office pools surrounding the college basketball
tournament.
"5. 44 percent of U.S. workers have participated in
office betting pools.
"Clearly the current punishment does not fit the crime.
AB 58 would remedy this by reducing participation in
such pools to an infraction, punishable by a fine not
to exceed five hundred dollars ($500). Commercial
sports betting and operating betting pools for profit
would continue to be treated as they are today.
Speeding is against the law, but it isn't a
misdemeanor. A friendly wager in the privacy of one's
home or office shouldn't be, either."
ASSEMBLY FLOOR :
AYES: Adams, Arambula, Beall, Bill Berryhill, Tom
Berryhill, Blakeslee, Block, Blumenfield, Brownley,
Buchanan, Caballero, Charles Calderon, Carter, Chesbro,
Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,
Duvall, Emmerson, Evans, Feuer, Fletcher, Fong, Fuller,
Furutani, Galgiani, Garrick, Gilmore, Hagman, Harkey,
Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,
Jones, Knight, Krekorian, Lieu, Logue, Bonnie Lowenthal,
Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello,
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Nielsen, John A. Perez, V. Manuel Perez, Portantino,
Price, Ruskin, Salas, Silva, Skinner, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada
NOES: Anderson
NO VOTE RECORDED: Ammiano, Eng, Fuentes, Gaines, Hall,
Saldana, Smyth, Bass
RJG:cm 6/19/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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