BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Mark Leno, Chair A
2009-2010 Regular Session B
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9
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AB 1999 (Portantino) 9
As Amended June 2, 2010
Hearing date: June 15, 2010
Business & Profession Code
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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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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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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
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<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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