BILL ANALYSIS                                                                                                                                                                                                    







                      SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Mark Leno, Chair                A
                             2009-2010 Regular Session               B

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          AB 1999 (Portantino)                                       9
          As Amended June 2, 2010
          Hearing date:  June 15, 2010
          Business & Profession Code
          JM:mc

                         911 CALLS IN ALCOHOL OVERDOSE CASES: 

                  IMMUNITY FROM PROSECUTION FOR UNDERAGE DRINKERS 

                                           
                                       HISTORY

          Source:  Author

          Prior Legislation: None directly on point

          Support:  California State PTA; California Public Defenders  
                    Association; Emergency Medical Services  
                    Administrators' Association; La Canada High School  
                    Parent Teacher Student Association; Laborer's  
                    International Union of America, Locals 777 and 792;  
                    Riverside Sheriffs' Association; Peace Officers  
                    Research Association of California; California  
                    Ambulance Association; Taxpayers for Improving Public  
                    Safety
           
          Opposition:None known


                                      KEY ISSUES
           
          WHERE A PERSON UNDER THE AGE OF 21 YEARS SEEKS EMERGENCY MEDICAL  




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                                                       AB 1999 (Portantino)
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          ASSISTANCE FOR ANOTHER PERSON WHO IS SUFFERING FROM ALCOHOL  
          OVERDOSE OR POISONING, SHOULD THE PERSON WHO SOUGHT EMERGENCY  
          ASSISTANCE BE IMMUNE FROM PROSECUTION FOR POSSESSING OR  
          PURCHASING ALCOHOLIC BEVERAGES?

                                                                (CONTINUED)



          SHOULD THE IMMUNITY APPLY ONLY IF THE PERSON WHO CALLED 911  
          IDENTIFIED HIMSELF OR HERSELF, WAS THE FIRST PERSON TO CALL 911,  
          REMAINED AT THE SCENE AND COOPERATED WITH MEDICAL AND LAW  
          ENFORCEMENT PERSONNEL?



                                       PURPOSE

          The purpose of this bill is to provide that where a person under  
          the age of 21 years calls 911 to obtain emergency medical  
          assistance for another person who is suffering from alcohol  
          overdose, the young person who sought assistance shall be immune  
          from prosecution for purchasing alcohol or possessing alcohol in  
          a public place if a) the young person was the first caller to  
          911; b) the person identified himself or herself; and c) the  
          person remained at the scene and cooperated with medical  
          personnel and law enforcement responders. 

           Existing law  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.  (Bus. & Prof. Code  25658, subd.  
          (a).)
           
           Existing law  provides that any person under the age of 21 years  
          who attempts to purchase any alcoholic beverage from a licensee,  
          or the licensee's agent or employee, is guilty of an infraction   

          and shall be punished by a fine of not more than $250, or the  
          person shall be required to perform  not less than 24 hours or  




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                                                       AB 1999 (Portantino)
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          more than 32 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.  A second or  
          subsequent violation shall be a fine of not more than $500 plus  
          penalty assessments and 36-48 hours of community service.  These  
          penalties do not preclude prosecution or punishment under any  
          other provision of law.  (Bus. & Prof. Code  25658.5.)

           Existing law  provides that any person under the age of 21 years  
          who presents or offers to any licensee, his or her agent or  
          employee, any written, printed, or photostatic evidence of age    
                   and identity which is false, fraudulent or not actually  
          his or her own for the purpose of ordering, purchasing,  
          attempting to purchase or otherwise procuring or attempting to  
          procure, the serving of any alcoholic beverage, or who has in  
          his or her possession any false or fraudulent written, printed,  
          or photostatic evidence of age and identity, is guilty of a  
          misdemeanor and shall be punished by a fine of at least $250, no  
          part of which shall be suspended; or the person shall be  
          required to perform between 24 and 32 hours of community service  
          during hours when the person is not employed and is not  
          attending school, or a combination of fine and community  
          service.  A second or subsequent violation of this section shall  
          be punished by a fine of not more than $500 plus penalty  
          assessments, or the person shall be required to perform between  
          36 and 48 hours of community service, or a combination of fine  
          and community service.  These penalties do not preclude  
          prosecution or punishment under any other provision of law.   
          (Bus. & Prof. Code  25661.)

           Existing law  provides that any person under the age of 21 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 and subsequent violation shall be punishable  
          as a misdemeanor and the person shall be fined not more than  
          $500, or required to perform between 36 and 48 hours of  




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          community service during hours when the person is not employed  
          or is not attending school, or a combination of fine and  
          community service.  These penalties do not preclude prosecution  
          or punishment under any other provision of law.  (Bus. & Prof.  
          Code  25662.)

           This bill  grants immunity from prosecution under subdivision (b)  
          of Section 25662 and Section 25658 for a person under the age of  
          21 years where all of the following occurred:

                 The person called 911 and reported that another person  
               was in need of medical assistance due to alcohol  
               consumption.
                 He or she gave his or her name to the 911 operator.
                 He or she was the first person to make the 911 call.
                 The person remained with the person in need of medical  
               assistance until that assistance arrived.
                 The person cooperated with medical assistance and law  
               enforcement personnel on the scene.

           This bill  provides that enhanced penalties for repeated acts of  
          purchasing or possessing alcoholic beverages by a person under  
          the age of 21 shall not be imposed based on prior violations if  
          the defendant, on the prior occasion, was not subject to  
          prosecution because he or she called 911 for an underage drinker  
          and qualified for the protections provided in this bill.

                                          
                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
          
          The severe prison overcrowding problem California has  
          experienced for the last several years has not been solved.  In  
          December of 2006 plaintiffs in two federal lawsuits against the  
          Department of Corrections and Rehabilitation sought a  
          court-ordered limit on the prison population pursuant to the  
          federal Prison Litigation Reform Act.  On January 12, 2010, a  
          federal three-judge panel issued an order requiring the state to  
          reduce its inmate population to 137.5 percent of design capacity  
          -- a reduction of roughly 40,000 inmates -- within two years.   
          In a prior, related 184-page Opinion and Order dated August 4,  




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          2009, that court stated in part:

               "California's correctional system is in a tailspin,"  
               the state's independent oversight agency has reported.  
               . . .  (Jan. 2007 Little Hoover Commission Report,  
               "Solving California's Corrections Crisis: Time Is  
               Running Out").  Tough-on-crime politics have increased  
               the population of California's prisons dramatically  
               while making necessary reforms impossible. . . .  As a  
               result, the state's prisons have become places "of  
               extreme peril to the safety of persons" they house . .  
               .  (Governor Schwarzenegger's Oct. 4, 2006 Prison  
               Overcrowding State of Emergency Declaration), while  
               contributing little to the safety of California's  
               residents . . .   California "spends more on  
               corrections than most countries in the world," but the  
               state "reaps fewer public safety benefits." . . .  .   
               Although California's existing prison system serves  
               neither the public nor the inmates well, the state has  
               for years been unable or unwilling to implement the  
               reforms necessary to reverse its continuing  
               deterioration.  (Some citations omitted.)

               . . .

               The massive 750% increase in the California prison  
               population since the mid-1970s is the result of  
               political decisions made over three decades, including  
               the shift to inflexible determinate sentencing and the  
               passage of harsh mandatory minimum and three-strikes  
               laws, as well as the state's counterproductive parole  
               system.  Unfortunately, as California's prison  
               population has grown, California's political  
               decision-makers have failed to provide the resources  
               and facilities required to meet the additional need  
               for space and for other necessities of prison  
               existence.  Likewise, although state-appointed experts  
               have repeatedly provided numerous methods by which the  
               state could safely reduce its prison population, their  
               recommendations have been ignored, underfunded, or  




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               postponed indefinitely.  The convergence of  
               tough-on-crime policies and an unwillingness to expend  
               the necessary funds to support the population growth  
               has brought California's prisons to the breaking  
               point.  The state of emergency declared by Governor  
               Schwarzenegger almost three years ago continues to  
               this day, California's prisons remain severely  
               overcrowded, and inmates in the California prison  
               system continue to languish without constitutionally  
               adequate medical and mental health care.<1>

          The court stayed implementation of its January 12, 2010, ruling  
          pending the state's appeal of the decision to the U.S. Supreme  
          Court.  That appeal, and the final outcome of this litigation,  
          is not anticipated until later this year or 2011.

           This bill  does not appear to aggravate the prison overcrowding  
          crisis described above.





                                      COMMENTS

          1.  Need for This Bill  

          According to the author:

               In emergencies every second counts.  Finding ways to  
               help critically ill people saves lives.  Thus,  
               decreasing barriers for people calling 911 is of the  
               utmost importance.  AB 1999 does this through  
               ----------------------
          <1>   Three Judge Court Opinion and Order, Coleman v.  
          Schwarzenegger, Plata v. Schwarzenegger, in the United States  
          District Courts for the Eastern District of California and the  
          Northern District of California United States District Court  
          composed of three judges pursuant to Section 2284, Title 28  
          United States Code (August 4, 2009).




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               providing limited immunity during specified medical  
               emergencies.  

               Research done at Cornell University has proven that  
               911 immunity leads to increased numbers of young  
               people calling 911 to seek help for friends suffering  
               from an alcohol overdose.  AB 1999 is modeled on  
               bi-partisan legislation from other states.  The  
               experience of other states demonstrates that this  
               approach does not condone or encourage underage  
               drinking.

               AB1999 in no way condones underage drinking.  Rather,  
               the bill gives a safe and 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, you will not be punished.  



























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          2.  Binge Drinking, With the Inherent Danger of Alcohol Overdose  
            or Poisoning, May Often Occur in Groups Where Some are Under  
            21 Years and Some are Over 21Years of Age  

          This bill is identical to SB 1011 (Calderon), which passed this  
          Committee on a 7-0 vote in April. As originally drafted, SB 1011  
          only provided immunity from prosecution for specified alcohol  
          offenses where an underage drinker called 911 to report an  
          alcohol overdose or poisoning of another underage drinker.   
          Because there are many circumstances where underage drinkers mix  
          with young people over the age of 21 - college parties for  
          example - the bill was amended to eliminate the requirement that  
          the person for whom aid was sought was under 21.  

          Binge drinking is a serious problem at colleges across the  
          country.  According to a 2008 report by the Center for Science  
          in the Public Interest, college presidents agree that binge  
          drinking is the most serious problem on campus.  There is  
          nothing to indicate that students who are over the age of 21 do  
          not engage in binge drinking.  

          Media reports in recent years have noted cases where college  
          students died from alcohol poisoning after parties or events.   
          The Center for Science in the Public Interest reported that  
          30,000 college students require treatment for alcohol overdoses  
          annually.  The Center also reported that "binge drinkers  
          consumed 91% of all alcohol that college students reported  
          drinking, while 68% of alcohol was consumed by frequent binge  
          drinkers."


          In gatherings of college students, there may often be a mix of  
          students who are over 21 and students who are under 21.  In many  
          college party circumstances, an underage drinker might not know  
          how old the overdose victim is.  Underage drinkers at these  
          gatherings may have purchased alcohol for the event illegally or  
          possessed and consumed alcohol.  A person who succumbs to  
          alcohol overdose or poisoning at such an event may be either  
          over or under the age of 21 years.  Media reports have included  




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          descriptions of cases where college students over the age of 21  
          died from alcohol overdoses.  There may be numerous other  
          circumstances where a person who is under the age of 21 is  
          drinking with a person of legal drinking age.  In many of these  
          circumstances, the person under the age of 21 could have  
          violated alcohol restriction laws by possessing or obtaining  
          alcohol.  

          3.  Argument in Support  

          The California Ambulance Association argues in support:

               AB 1999 would create an exception in the law so that  
               it is not a crime for minors to knowingly possess or  
               consume alcoholic beverages when reporting in good  
               faith any medical emergencies arising from alcohol  
               consumption when specified requirements are met.   
               While we do not encourage underage drinking, we  
               believe AB 1999 will provide a means for those under  
               21 years of age to promptly dial 911 and secure  
               professional help when another person is in a medical  
               emergency situation.  As we know from similar laws  
               from other states and the Cornell University study,  
               our strongest encouragement for insuring that underage  
               drinkers seek medical assistance is eliminating the  
               fear of punishment for having consumed alcoholic  
               beverages in violation of the law.  With binge  
               drinking being a serious issue on college campuses, we  
               have seen too many incidents in which young persons  
               have not sought prompt medical attention for their  
               friends due to concern about prosecution.

          4.  Related Bill Pending in the Assembly - SB 1011 (Calderon)  

          SB 1011 (Calderon) seeks to address the same concerns as  
          are addressed by this bill.  SB 1011 is set for hearing on  
          June 15, 2010.  SB 1011 passed this Committee on a vote of
          7-0.  AB 1999 has been amended so as to be identical to SB  
          1011.
           












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