“Felonious Basketball Brackets are the Real March Madness” says Jeffries
Jeffries’ legislation would change penalty for betting pools from felony/misdemeanor to infraction
On the day after the NCAA basketball tournament field was announced, Assemblyman Kevin Jeffries (R-Lake Elsinore) commented on the millions of Americans who could be considered criminals for filling out a $10 bracket pool sheet at work. “Polls have shown that almost half of the workers in this country participate in harmless and fun betting pools at work. Continuing to treat these pools as a felony or misdemeanor crimes is the real March Madness!”
Assemblyman Jeffries has introduced legislation that would decriminalize participation in Super Bowl pools, March Madness brackets, and other sports betting pools commonly found at Super Bowl in offices and at parties all over the country. Under current law, participating in these types of pools is a misdemeanor or felony crime, punishable by up to a $5000 fine and up to a year in prison for even a first offense. “We are faced with a budget crisis that is forcing us to consider releasing thousands of inmates from our state’s jails and prisons,” pointed out the Assemblyman. “At a time when we can’t keep car thieves, multiple DUI offenders and armed robbers in prison, it is madness to continue to threaten people with jail time for filling out a $10 bracket in the employee break room.”
This legislation was prompted by an incident that occurred a little over a year ago 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 plead not guilty. “The state spent thousands of taxpayer dollars to arrest, investigate, and prosecute these two over a $50 football pool.” Jeffries said. “I am sure that there are more important issues that law enforcement and our courts can be addressing.”
AB 1852 would lessen this charge from a misdemeanor/felony to an infraction punishable by a fine that is not to exceed $500. Commercial sports betting and operating betting pools for profit would continue to be treated as they are today. Jeffries believes that making this an infraction instead of a misdemeanor crime places this activity in a more appropriate category. “While our goal is not to legalize wide-spread commercial sports betting, we believe that it is important for the punishment to more closely fit the crime”, stated Jeffries. “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.”