BILL ANALYSIS
AB 1999
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1999 (Portantino)
As Amended August 2, 2010
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |74-3 |(April 5, 2010) |SENATE: |31-0 |(August 18, |
| | | | | |2010) |
-----------------------------------------------------------------
Original Committee Reference: PUB. S.
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 concerning him or herself or another person.
Specifically, this bill requires the individual show that the
following circumstances exist:
1)The underage person called 911 and reported that another
person was in need of medical assistance due to alcohol
consumption.
2)The underage person was the first person to call 911.
3)The underage person remained at the scene with the underage
person in need of medical assistance until medical assistance
arrived and cooperated with medical assistance and law
enforcement personnel on the scene.
The Senate amendments delete the exception for specified motor
vehicle offenses involving the use 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
AB 1999
Page 2
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.
AS PASSED BY THE ASSEMBLY , this bill is substantially similar to
the version passed by the Senate.
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 : Milena Nelson / PUB. S. / (916)
319-3744
FN: 0005504