BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1999|
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THIRD READING
Bill No: AB 1999
Author: Portantino (D), et al
Amended: 6/2/10 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/15/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
ASSEMBLY FLOOR : 74-3, 4/5/10 - See last page for vote
SUBJECT : 911 calls in alcohol overdose cases: immunity
from
prosecution for underage drinkers
SOURCE : Author
DIGEST : This bill provides 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 (1) the young
person was the first caller to 911, (2) the person
identified himself/herself, and (3) the person remained at
the scene and cooperated with medical personnel and law
enforcement responders.
ANALYSIS : Existing law states that every person who
sells, furnishes, gives, or causes to be sold, furnished,
CONTINUED
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or given away, any alcoholic beverage to any person under
the age of 21 years is guilty of a misdemeanor. (Section
25658(a) of the Business and Profession Code [BPC])
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 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. (BPC Section 25658.5)
Existing law provides that any person under the age of 21
years who presents or offers to any licensee, his/her agent
or employee, any written, printed, or photostatic evidence
of age and identity which is false, fraudulent or not
actually his/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/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. (BPC Section 25661)
Existing law provides that any person under the age of 21
who has any alcoholic beverage in his/her possession on any
street or highway or in any public place or in any place
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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 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.
(BPC Section 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:
1. The person called 911 and reported that another person
was in need of medical assistance due to alcohol
consumption.
2. He/she gave his/her name to the 911 operator.
3. He/she was the first person to make the 911 call.
4. The person remained with the person in need of medical
assistance until that assistance arrived.
5. 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/she called 911
for an underage drinker and qualified for the protections
provided in this bill.
Related Legislation
SB 1011 (Calderon) seeks to address the same concerns as
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are addressed by AB 1999. SB 1011 passed the Senate on
April 26, 2010, with a vote of
36-0. The bill is currently in the Assembly Public Safety
Committee. AB 1999 has been amended so as to be identical
to SB 1011.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/16/10)
California Ambulance Association
California Public Defenders Association
California State PTA
Emergency Medical Services Administrators' Association
La Canada High School Parent Teacher Student Association
Laborer's International Union of America, Locals 777 and
792
Peace Officers Research Association of California
Riverside Sheriffs' Association
Taxpayers for Improving Public Safety
ARGUMENTS IN SUPPORT : 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 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.
"AB 1999 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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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."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Arambula, Bass, Beall, Bill
Berryhill, Tom Berryhill, Block, Blumenfield, Bradford,
Brownley, Buchanan, Carter, Chesbro, Conway, Cook, Coto,
Davis, De La Torre, De Leon, DeVore, Emmerson, Eng,
Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani,
Gaines, Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey,
Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,
Jones, Knight, Lieu, Bonnie Lowenthal, Ma, Mendoza,
Miller, Monning, Nava, Nestande, Niello, Nielsen, Norby,
V. Manuel Perez, Portantino, Ruskin, Salas, Saldana,
Silva, Skinner, Smyth, Solorio, Audra Strickland,
Swanson, Torlakson, Torres, Torrico, Tran, Villines,
Yamada, John A. Perez
NOES: Anderson, Caballero, Logue
NO VOTE RECORDED: Blakeslee, Charles Calderon, Vacancy
RJG:mw 6/16/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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