BILL ANALYSIS AB 1999 Page 1 ASSEMBLY THIRD READING AB 1999 (Portantino) As Amended March 18, 2010 Majority vote PUBLIC SAFETY 7-0 ----------------------------------------------------------------- |Ayes:|Ammiano, Hagman, Beall, | | | | |Gilmore, Hill, | | | | |Portantino, Skinner | | | | | | | | ----------------------------------------------------------------- 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 Page 3