BILL ANALYSIS
SB 1011
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Date of Hearing: June 29, 2010
Counsel: Milena Nelson
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 1011 (Calderon) - As Amended: June 16, 2010
SUMMARY : Provides that a person under the age of 21 shall be
immune from prosecution for possession or consumption of an
alcoholic beverage where that person reports an alcohol-related
medical emergency. Specifically, this bill :
1)Requires the individual show that the following circumstances
exist:
a) The underage person called 911 and reported that another
person was in need of medical assistance sue to alcohol
consumption;
b) The underage person provided his or her name to the 911
operator;
c) The underage person was the first person to call 911;
and,
d) The underage person remained at the scene with the
person in need of medical assistance until medical
assistance arrived and cooperated with medical assistance
and law enforcement personnel on the scene.
2)Provides that a minor who has purchased an alcoholic beverage
or consumed an alcoholic beverage in an on-sale premises, and
was granted immunity for the same violation previously, shall
be punished by a fine up to $500 or 36 to 48 hours of
community service.
3)Specifically excludes immunity for prosecution for any offense
that involves activities made dangerous by the consumption of
alcohol, as specified.
EXISTING LAW :
SB 1011
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1)Provides it is a misdemeanor for any person under the age of
21 years to purchase an alcoholic beverage, or to consume any
alcoholic beverage in any on-sale premises. [Business and
Professions Code Section 25658(b).]
2)States that any person under the age of 21 who purchases an
alcoholic beverage or consumes an alcoholic beverage in any
on-sale premises shall be punished by a fine up to $250 or 24
to 32 hours of community service. A second violation shall be
punished by a fine up to $500or 36 to 48 hours of community
service. [Business and Professions Code Section 25658(e)(1).]
3)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 24 to 32 hours of community service. A
second violation shall be punished by a fine up to $500or 36
to 48 hours of community service. This does not apply to
possession by a person under the age of 21 years making a
delivery of an alcoholic beverage in pursuance of the order of
his or her parent, responsible adult relative, or any other
adult designated by the parent or legal guardian, or in
pursuance of his or her employment. That person shall have a
complete defense if he or she was following, in a timely
manner, the reasonable instructions of his or her parent,
legal guardian, responsible adult relative, or adult designee
relating to disposition of the alcoholic beverage. [Business
and Professions Code Section 25662(a).]
FISCAL EFFECT : None
COMMENTS :
1)Author's Statement : According to the author, "SB 1011 will
protect underage drinkers from punishment when they call law
enforcement or emergency medical services in order to save a
fellow drinker in need of emergency care. In many cases,
people suffering from alcohol poisoning or the resulting
symptoms can be saved when medical assistance is delivered in
a timely manner. Unfortunately, too many youngsters die
unnecessarily while their friends agonize over whether to call
911 or to attempt to revive the victim themselves to avoid
being punished for their own underage drinking. SB 1011 would
relieve youngsters of this decision and grants immunity to an
SB 1011
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underage drinker that calls in good faith in order to save
another person's life. Similar laws have been passed in other
States with positive results."
2)Does Not Grant Immunity for an Underage Individual Suffering
from an Alcohol-Related Medical Emergency : This bill provides
immunity for a person who calls on behalf of another in need
of medical attention, but does not grant immunity for the
person actually suffering from the medical emergency. This
individual, if underage, may still be liable for possession of
alcoholic beverage.
3)Technical Amendment Suggested : This bill was amended to
remove the requirement that the person requiring medical
attention be underage in part (a). However, as currently
drafted part (d) requires the underage person reporting the
medical emergency to stay with an underage person needing
medical assistance, yet has no such requirement if the person
needing medical assistance is not underage.
4)Argument in Support : According to the California Ambulance
Association , "As we know from similar laws in other states and
the Cornell University study, our strongest encouragement for
ensuring that underage drinkers seek medical assistance is
eliminating the fear of punishment for having consumed
alcoholic beverages in violation of state law. With binge
drinking being a serious issues on college campuses, we have
seem too many instances in which young persons have not sought
prompt medical attention for their friends sue to concern
about criminal charges being brought for violating the law.
We believe this bill would eliminate that fear."
5)Related Legislation : AB 1999 (Portantino) grants immunity for
underage persons who seek medical assistance for an alcohol
related emergency. AB 1999 is pending hearing by Senate
Public Safety Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
California Ambulance Association
California Professional Firefighters
California Public Defenders Association
Emergency Medical Services Administration
SB 1011
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Association of California
Laborers' International Union of North America,
Locals 777 and 792
Peace Officers Research Association of California
Opposition
Taxpayers for Improving Public Safety
Analysis Prepared by : Milena Nelson / PUB. S. / (916)
319-3744