BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1999
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 1999 (Portantino)
          As Amended  March 18, 2010
          Majority vote 

           PUBLIC SAFETY       7-0                                         
           
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          |Ayes:|Ammiano, Hagman, Beall,   |     |                          |
          |     |Gilmore, Hill,            |     |                          |
          |     |Portantino, Skinner       |     |                          |
          |     |                          |     |                          |
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           SUMMARY  :  Provides that it shall not be a crime for certain  
          persons under the age of 21years to knowingly possess or  
          knowingly consume alcoholic beverages under specific  
          circumstances relating to the reporting of medical emergencies  
          arising from alcohol consumption.  Specifically,  this bill  :  

          1)States that it shall not be a crime for a person under the age  
            of 21 years and one or two other persons to knowingly possess  
            or knowingly consume one or more alcoholic beverages if all of  
            the following circumstances exist:

             a)   One of the persons under the age of 21 years called  
               9-1-1 and reported in good faith that another person under  
               the age of 21 years was in need of medical assistance due  
               to alcohol consumption;

             b)   The person under the age of 21 years was the first  
               person to make a 9-1-1 report of the incident; and,

             c)   The person who made the call and, if applicable, one or  
               two other persons persons acting in concert with the caller  
               remained on the scene with the person in need of medical  
               assistance until medical assistance arrived and cooperated  
               with medical and law enforcement personnel at the scene.

          2)Provides further that it shall not be a crime for the person  
            under the age of 21 years who received the medical assistance  
            to knowingly possess or knowingly consume one or more  
            alcoholic beverages on private property.  

          3)Does not affect liability for any offense that involves  








                                                                  AB 1999
                                                                  Page  2


            activities made dangerous by the consumption of alcohol.

           EXISTING LAW  : 

          1)Provides that it is a misdemeanor to sell, furnish, give, or  
            cause to be sold, furnished, or given away, any alcoholic  
            beverage to any person under the age of 21.  In addition, any  
            person under the age of 21 years who purchases an alcoholic  
            beverage, or who consumes any alcoholic beverage in any  
            on-sale premises, is guilty of a misdemeanor. 

          2)States that any person under the age of 21 years who has any  
            alcoholic beverage in his or her possession on any street or  
            highway or in any public place or in any place open to the  
            public is guilty of a misdemeanor and shall be punished by a  
            fine of $250 or the person shall be required to perform not  
            less than 24 hours or more than 32 hours of community service  
            during hours when the person is not employed or is not  
            attending school. A second or subsequent violation shall be  
            punishable as a misdemeanor and the person shall be fined not  
            more than $500, or required to perform not less than 36 hours  
            or more than 48 hours of community service during hours when  
            the person is not employed or is not attending school, or a  
            combination of fine and community service as the court deems  
            just. 
           
          FISCAL EFFECT  :  None

           COMMENTS  :  According to the author, "AB 1999 in no way condones  
          underage drinking. AB 1999 gives a safe and scientifically  
          proven way for young people in trouble to reach out for help. It  
          also sends a message that if you do the right thing by helping a  
          friend in distress you will not be punished."

          Please see the policy committee for a full discussion of this  
          bill.
           

          Analysis Prepared by  :    Meghan Masera / PUB. S. / (916)  
          319-3744 



                                                               FN:  0003803








                                                                  AB 1999
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