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