BILL ANALYSIS
AB 1999
Page 1
Date of Hearing: March 23, 2010
Counsel: Meghan Masera
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1999 (Portantino) - As Amended: March 18, 2010
SUMMARY : Provides it shall not be a crime for certain persons
under the age of 21 years 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 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
"911" 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 911 report of the incident; and,
c) The person who made the call and, if applicable, one or
two other 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
activities made dangerous by the consumption of alcohol.
EXISTING LAW :
AB 1999
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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. [Business and
Professions Code Section 25658(a) and (b).]
2)States 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 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 as determined by the
court. A second or subsequent violation of this section shall
be punished by a fine of not more than $500, or the person
shall be 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. [Business and Professions Code Section 25658.5(a).]
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 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. 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,
AB 1999
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or adult designee relating to disposition of the alcoholic
beverage. [Business and Professions Code Section 25662(a).]
4)States that where a peace officer has lawfully entered the
premises, the peace officer may seize any alcoholic beverage
in plain view that is in the possession of, or provided to, a
person under the age of 21 years at social gatherings, when
those gatherings are open to the public, 10 or more persons
under the age of 21 years are participating, persons under the
age of 21 years are consuming alcoholic beverages, and there
is no supervision of the social gathering by a parent or
guardian of one or more of the participants. [Business and
Professions Code Section 25662(b).]
5)Provides that any licensee under an on-sale license issued for
public premises who permits a person under the age of 21 years
to enter and remain in the licensed premises without lawful
business therein is guilty of a misdemeanor. Any person under
the age of 21 years who enters and remains in the licensed
public premises without lawful business therein is guilty of a
misdemeanor and shall be punished by a fine of not less than
$200, no part of which shall be suspended. (Business and
Professions Code Section 25665.)
FISCAL EFFECT : None
COMMENTS :
1)Author's Statement : 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."
2)Background : According to information provided by the author,
"Research done at Cornell University has proven that '911
Immunity' policies lead to an increased number of young people
calling for emergency medical services.
"In the two year study, after the school publicized their new
immunity policies, 22% more people called for emergency
medical attention, and 61% felt less scared to call for a
friend that needed help. Also, over twice as many students
visited the student health center for counseling after having
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an alcohol related emergency.
"Over the last year, several underage Californians have died due
to suspected alcohol poisoning who may have benefited from
this law. Friends of the deceased teens have said that they
were scared to call for help because they did not want to get
in legal trouble.
"AB 1999 is modeled on bi-partisan legislation from other
states. The experience in other states demonstrates that this
approach does not encourage or condone underage drinking but
creates a situation where a young person in need gets the
medical help warranted.
"If this proposal is adopted, California would join Colorado,
New Jersey, and Texas in providing distressed young people
with a safe means to call for help."
3)Immunity from Liability : This bill does not limit the
liability for any offense that is made more dangerous by the
consumption of alcohol. These activities include, but are not
limited to:
a) Reckless Driving : Defined as driving "a vehicle upon a
highway or in an offstreet parking facility, in willful or
wanton disregard for the safety of persons or property."
[Vehicle Code Section 23103(a) and (b).]
b) Driving Under the Influence : Defined as driving under
the influence of any alcoholic beverage of drug, or under
the combined influence of any alcoholic beverage at the
unlawful level of 0.08% blood-alcohol concentration (BAC).
[Vehicle Code Section 23152(a) and (b).] It is unlawful
for persons under the age of 21 to operate a motor vehicle
with a 0.01% BAC. [Vehicle Code Section 23136(a).] In
addition, it is an infraction for persons under the age of
21 to operate a motor vehicle with a 0.05% BAC. (Vehicle
Code Section 23140.)
4)Arguments in Support : According to the Peace Officers
Research Association of California , "This bill would provide
that it is not a crime for a person under the age of 21 to
possess or consume alcoholic beverages under specific
circumstances, when it comes to the reporting of medical
emergencies. This would give young adults the ability to feel
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comfortable reporting situations of alcohol poisoning, without
the fear or punishment for consuming alcoholic beverages.
Binge drinking has become a significant issue with young
adults and there have been many incidents where these young
people end up in dangerous medical situations, necessitating
treatment by a medical professional."
5)Related Legislation : SB 1011 (Calderon) grants immunity from
criminal prosecution for any person under the age of 21 years
who is subject to prosecution for knowingly purchasing,
consuming, or possessing in a public place any alcoholic
beverage, where the person under the age of 21 years called
911 and reported that another underage person was in need of
medical assistance due to alcohol consumption and conformed to
other specified requirements. SB 1011 pending hearing by the
Senate Committee on Public Safety.
REGISTERED SUPPORT / OPPOSITION :
Support
California Public Defenders Association
Emergency Medical Services Administrators' Association
La Canada High School Parent Teacher Student Association
Peace Officers Research Association of California
Opposition
None
Analysis Prepared by : Meghan Masera / PUB. S. / (916)
319-3744