BILL NUMBER: SB 1011 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Calderon
FEBRUARY 10, 2010
An act to amend Sections 25658 and 25662 of, and to add Section
25667 to, the Business and Professions Code, relating to alcoholic
beverages.
LEGISLATIVE COUNSEL'S DIGEST
SB 1011, as introduced, Calderon. Underage drinkers: immunity of
prosecution.
The Alcoholic Beverage Control Act provides that any person under
the age of 21 years who purchases any alcoholic beverage, who
consumes any such beverage in any on-sale premises, or who possesses
any such beverage on any street or highway or in any public place
open to the public is guilty of a misdemeanor. Existing law also
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.
This bill would grant immunity from criminal prosecution for any
person under the age of 21 years who is subject to prosecution under
the above 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, as described.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25658 of the Business and Professions Code is
amended to read:
25658. (a) Except as otherwise provided in subdivision (c), 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.
(b) Any Excep t as provided in
Section 25667, any person under the age of 21 years who
purchases any alcoholic beverage, or any person under the age of 21
years who consumes any alcoholic beverage in any on-sale premises, is
guilty of a misdemeanor.
(c) Any person who violates subdivision (a) by purchasing any
alcoholic beverage for, or furnishing, giving, or giving away any
alcoholic beverage to, a person under the age of 21 years, and the
person under the age of 21 years thereafter consumes the alcohol and
thereby proximately causes great bodily injury or death to himself,
herself, or any other person, is guilty of a misdemeanor.
(d) Any on-sale licensee who knowingly permits a person under the
age of 21 years to consume any alcoholic beverage in the on-sale
premises, whether or not the licensee has knowledge that the person
is under the age of 21 years, is guilty of a misdemeanor.
(e) (1) Except as otherwise provided in paragraph (2) or (3)
or Section 25667 , any person who violates this section shall
be punished by a fine of two hundred fifty dollars ($250), no part of
which shall be suspended, 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 and is not attending
school, or a combination of a fine and community service as
determined by the court. A second or subsequent violation of
subdivision (b) , where prosecution of the previous violation
was not barred pursuant to Section 25667, shall be punished by
a fine of not more than five hundred dollars ($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 and is not attending school, or a combination of a fine and
community service as determined by the court. It is the intent of the
Legislature that the community service requirements prescribed in
this section require service at an alcohol or drug treatment program
or facility or at a county coroner's office, if available, in the
area where the violation occurred or where the person resides.
(2) Except as provided in paragraph (3), any person who violates
subdivision (a) by furnishing an alcoholic beverage, or causing an
alcoholic beverage to be furnished, to a minor shall be punished by a
fine of one thousand dollars ($1,000), no part of which shall be
suspended, and the person shall be required to perform not less than
24 hours of community service during hours when the person is not
employed and is not attending school.
(3) Any person who violates subdivision (c) shall be punished by
imprisonment in a county jail for a minimum term of six months not to
exceed one year, by a fine of one thousand dollars ($1,000), or by
both imprisonment and fine.
(f) Persons under the age of 21 years may be used by peace
officers in the enforcement of this section to apprehend licensees,
or employees or agents of licensees, or other persons who sell or
furnish alcoholic beverages to minors. Notwithstanding subdivision
(b), any person under the age of 21 years who purchases or attempts
to purchase any alcoholic beverage while under the direction of a
peace officer is immune from prosecution for that purchase or attempt
to purchase an alcoholic beverage. Guidelines with respect to the
use of persons under the age of 21 years as decoys shall be adopted
and published by the department in accordance with the rulemaking
portion of the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code). Law enforcement-initiated minor decoy programs in
operation prior to the effective date of regulatory guidelines
adopted by the department shall be authorized as long as the minor
decoy displays to the seller of alcoholic beverages the appearance of
a person under the age of 21 years. This subdivision shall not be
construed to prevent the department from taking disciplinary action
against a licensee who sells alcoholic beverages to a minor decoy
prior to the department's final adoption of regulatory guidelines.
After the completion of every minor decoy program performed under
this subdivision, the law enforcement agency using the decoy shall
notify licensees within 72 hours of the results of the program. When
the use of a minor decoy results in the issuance of a citation, the
notification required shall be given to licensees and the department
within 72 hours of the issuance of the citation. A law enforcement
agency may comply with this requirement by leaving a written notice
at the licensed premises addressed to the licensee, or by mailing a
notice addressed to the licensee.
(g) The penalties imposed by this section do not preclude
prosecution or the imposition of penalties under any other provision
of law, including, but not limited to, Section 272 of the Penal Code
and Section 13202.5 of the Vehicle Code.
SEC. 2. Section 25662 of the Business and Professions Code is
amended to read:
25662. (a) Any Except as provided in
Section 25667, 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 two hundred fifty
dollars ($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 five hundred dollars ($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. It is the intent of the Legislature that the
community service requirements prescribed in this section require
service at an alcohol or drug treatment program or facility or at a
county coroner's office, if available, in the area where the
violation occurred or where the person resides. This section 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, or
adult designee relating to disposition of the alcoholic beverage.
(b) Unless otherwise provided by law, 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.
Where a peace officer has seized alcoholic beverages pursuant to
this subdivision, the officer may destroy any alcoholic beverage
contained in an opened container and in the possession of, or
provided to, a person under the age of 21 years, and, with respect to
alcoholic beverages in unopened containers, the officer shall
impound those beverages for a period not to exceed seven working days
pending a request for the release of those beverages by a person 21
years of age or older who is the lawful owner or resident of the
property upon which the alcoholic beverages were seized. If no one
requests release of the seized alcoholic beverages within that
period, those beverages may be destroyed.
(c) The penalties imposed by this section do not preclude
prosecution or the imposition of penalties under any other provision
of law, including, but not limited to, Section 13202.5 of the Vehicle
Code.
SEC. 3. Section 25667 is added to the Business and Professions
Code, to read:
25667. Any person under the age of 21 years shall be immune from
criminal prosecution under subdivision (b) of Section 25662 and
Section 25658, where the person establishes all of the following:
(a) The underage person called 911 and reported that another
underage person was in need of medical assistance due to alcohol
consumption.
(b) The underage person provided his or her name to the 911
operator.
(c) The underage person was the first person to make the 911
report.
(d) The underage person remained on the scene with the underage
person in need of medical assistance until that medical assistance
arrived and cooperated with medical assistance and law enforcement
personnel on the scene.