BILL ANALYSIS
SB 1011
Page 1
SENATE THIRD READING
SB 1011 (Charles Calderon)
As Amended June 16, 2010
Majority vote
SENATE VOTE :36-0
PUBLIC SAFETY 7-0
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|Ayes:|Ammiano, Hagman Beall, | | |
| |Gilmore, Hill, | | |
| |Portantino, Skinner | | |
| | | | |
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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. Specifically, this bill :
1)Requires the individual show that the following circumstances
exist:
a) The underage person called 911 and reported that another
person was in need of medical assistance sue 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 call 911;
and,
d) The underage person remained at the scene with the
person in need of medical assistance until medical
assistance arrived and cooperated with medical assistance
and law enforcement personnel on the scene.
2)Provides that a minor who has purchased an alcoholic beverage
or consumed an alcoholic beverage in an on-sale premises, and
was granted immunity for the same violation previously, shall
be punished by a fine up to $500 or 36 to 48 hours of
community service.
SB 1011
Page 2
3)Specifically excludes immunity for prosecution for any offense
that involves activities made dangerous by the consumption of
alcohol, as specified.
EXISTING LAW :
1)Provides it is a misdemeanor for any person under the age of
21 years to purchase an alcoholic beverage, or to consume any
alcoholic beverage in any on-sale premises.
2)States that any person under the age of 21 who purchases an
alcoholic beverage or consumes an alcoholic beverage in any
on-sale premises shall be punished by a fine up to $250 or 24
to 32 hours of community service. A second violation shall be
punished by a fine up to $500 or 36 to 48 hours of community
service.
3)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 24 to 32 hours of community service. A
second violation shall be punished by a fine up to $500 or 36
to 48 hours of community service. This 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.
FISCAL EFFECT : None
COMMENTS : According to the author, "SB 1011 will protect
underage drinkers from punishment when they call law enforcement
or emergency medical services in order to save a fellow drinker
in need of emergency care. In many cases, people suffering from
alcohol poisoning or the resulting symptoms can be saved when
medical assistance is delivered in a timely manner.
Unfortunately, too many youngsters die unnecessarily while their
friends agonize over whether to call 911 or to attempt to revive
SB 1011
Page 3
the victim themselves to avoid being punished for their own
underage drinking. SB 1011 would relieve youngsters of this
decision and grants immunity to an underage drinker that calls
in good faith in order to save another person's life. Similar
laws have been passed in other States with positive results."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Milena Nelson / PUB. S. / (916)
319-3744
FN: 0005117