BILL ANALYSIS SENATE COMMITTEE ON PUBLIC SAFETY Senator Mark Leno, Chair A 2009-2010 Regular Session B 1 9 9 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 (More) AB 1999 (Portantino) PageB 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 (More) AB 1999 (Portantino) PageC 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 (More) AB 1999 (Portantino) PageD 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, (More) AB 1999 (Portantino) PageE 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 (More) AB 1999 (Portantino) PageF 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). (More) AB 1999 (Portantino) PageG 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. (More) 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 (More) AB 1999 (Portantino) PageI 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. AB 1999 (Portantino) PageJ ***************