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Saturday, April 28, 2007



Assembly Bill 1658 (Runner)


CURRENT BILL STATUS April 27, 2007


MEASURE :  A.B. No. 1658
AUTHOR(S) :  Sharon Runner.
TOPIC :  Alcoholic beverages: underage drinking.
HOUSE LOCATION :  ASM
+LAST AMENDED DATE  :  04/10/2007


TYPE OF BILL :
 Active
 Non-Urgency
 Non-Appropriations
 Majority Vote Required
 State-Mandated Local Program
 Fiscal
 Non-Tax Levy

LAST HIST. ACT. DATE:  04/26/2007
LAST HIST. ACTION   :  Read second time and amended.
COMM. LOCATION :  ASM PUBLIC SAFETY
COMM. ACTION DATE   :  04/24/2007
COMM. ACTION :  Do pass as amended, and re-refer to Committee on
Appropriations with recommendation:  To Consent Calendar.
COMM. VOTE SUMMARY  :  Ayes:   07 Noes: 00 PASS

TITLE :  An act to amend Sections 25658, 25658.5, 25660.5, 25661,
and 25662 of the Business and Professions Code, and to
amend Sections 13004.1 and 14610.1 of the Vehicle Code,
relating to alcoholic beverages.

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Bill Analysis
 Date of Hearing:   April 24, 2007
Counsel:                Kimberly A. Horiuchi


       ASSEMBLY COMMITTEE ON PUBLIC SAFETY
               Jose Solorio, Chair

  AB 1658 (Runner) - As Amended:  April 10, 2007
     As Proposed to be Amended in Committee

 SUMMARY  :  Increases various fines in existing law for persons
convicted of furnishing, selling or giving an alcoholic beverage
to a person under the age of 21.  Specifically,  this bill  :

1)Increases the fine levied against any person under the age of
21 who sells, furnishes or gives away an alcoholic beverage to
a person under 21 years of age from $250 to $500 and from $500
to $1,000 for a second or subsequent offense.

2)Increases the penalty for any person under the age of 21 who
furnishes or causes the alcoholic beverage to be furnished
from a fine and community service to up to one year in the
county jail and increases the fine from $1,000 to $2,500.

3)States the imposition of penalties shall not be precluded
under any other provision of law.

4)Elevates the fine for any person under the age of 21 who
attempts to purchase any alcoholic beverage from $100 to $500
and from $250 to $1,000 for a second or subsequent offense.

5)States any person, who gives, sells or furnishes a false or
fraudulent written, printed or photostatic evidence of age of
majority to a person under 21 years of age shall be fined
$2,500 which may not be suspended and the person shall be
required to perform not less than 24 hours of community
service during hours when the person is not employed and is
not attending school.

6)States any person who furnishes alcohol to a minor whereby the
minor proximately causes death or great bodily injury shall be
fined $2,500, no part of which shall be suspended.

7)Increases the fine for every person under the age of 21 who
presents a false or fraudulent written, printed or photostatic
evidence of age of majority for the purposes of procuring
alcohol from $250 to $500 and from $500 to $1,000 for a second
or subsequent offense.

8)Increases the fine for every person under the age of 21 who
has any alcoholic beverage in his or her possession on any
street or highway or in any alcoholic beverage in his or her
possession from $250 to $500 and $500 to $1,000 for any second
or subsequent offense.

9)States any person who manufactures or sells an identification
document of a size and form substantially similar to the
identification cards issued by the Department of Motor
Vehicles (DMV) shall be punished by a fine of $2,500, no part
of which shall be suspended and the person shall be required
to perform not les than 24 hours of community service during
the hours when the person is not employed and is not attended
school.

 EXISTING LAW  :

1)States that every person who sells, furnishes, gives, or
causes to be sold, furnished, or given away, any alcoholic
beverage to any person under the age of 21 years is guilty of
a misdemeanor.  [Business and Professions Code Section
25658(a).]

2)States that any person who violates existing law by purchasing
any alcoholic beverage for, or furnishing, giving, or giving
away any alcoholic beverage to, a person under the age of 21
years, and the person under the age of 21 years thereafter
consumes the alcohol and thereby proximately causes great
bodily injury or death to himself, herself, or any other
person is guilty of a misdemeanor.  [Business and Professions
Code Section 25658(c).]

3)Provides that any on-sale licensee who knowingly permits a
person under the age of 21 years to consume any alcoholic
beverage in the on-sale premises, whether or not the licensee
has knowledge that the person is under the age of 21 years, is
guilty of a misdemeanor.  [Business and Professions Code
Section 25658(d).]

4)Provides that except as provided by law, any person who
violates existing law by furnishing an alcoholic beverage, or
causing an alcoholic beverage to be furnished, to a minor
shall be punished by a fine of $1,000, no part of which shall
be suspended, and the person shall be required to perform not
less than 24 hours of community service during hours when the
person is not employed and is not attending school.  [Business
and Professions Code Section 25658(e)(2).]

. . . . .

REGISTERED SUPPORT / OPPOSITION  :

 Support

Diageo North America
Mothers Against Drunk Driving
The Century Council

 Opposition

None


READ FULL BILL ANALYSIS
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