Bill Text: CA AB2402 | 2023-2024 | Regular Session | Amended

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Bill Title: Drink spiking.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2024-06-05 - Referred to Com. on G.O. [AB2402 Detail]

Download: California-2023-AB2402-Amended.html

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Amended  IN  Assembly  May 20, 2024

Amended  IN  Assembly  April 24, 2024

Amended  IN  Assembly  April 08, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2402

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Introduced by Assembly Member Lowenthal
(Coauthors: Assembly Members Davies, Dixon, and McKinnor)

February 12, 2024

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An act to amend Section 25681 of, and to add Article 6 (commencing with Section 25700) to Chapter 16 of Division 9 of, of the Business and Professions Code, relating to alcoholic beverages.

LEGISLATIVE COUNSEL'S DIGEST

AB 2402, as amended, Lowenthal. Drink spiking.

Existing law, the Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the sale and distribution of alcoholic beverages and the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. Existing law, operative July 1, 2024, to January 1, 2027, inclusive, requires an applicant or holder of certain alcoholic beverage licenses to post notices relating to drink spiking, also known as being “roofied,” and the availability of drug testing devices to detect the presence of controlled substances in a drink. Existing law also requires a licensee to sell drug testing devices to their customers, as specified.

This bill would require the department, upon appropriation by the Legislature, to create and implement a public education campaign to raise awareness of the risks of drink spiking and the availability of drug testing devices. The campaign would be required, among other things, to educate the public on how to prevent drink spiking and what to do if a person believes they or another person has been the victim of drink spiking.

Existing law, the Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the sale and distribution of alcoholic beverages and the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. Existing law requires the department to develop, implement, and administer a curriculum for a Responsible Beverage Service (RBS) training program, as specified. Existing law requires an RBS training course to include information on, among other things, state laws and regulations relating to alcoholic beverage control and the impact of alcohol on the body, as specified.

This bill would require, on or before July 1, 2026, the RBS training courses to include best practices on how to prevent or protect a person from drink spiking and best practices if the person believes they have, or someone they know has, been drugged as a result of drink spiking.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 25681 of the Business and Professions Code is amended to read:

25681.

 (a) The department shall develop, implement, and administer a curriculum for an RBS training program that will make RBS training courses available, both in person and online, to all persons required to obtain an alcohol server certification pursuant to this article. RBS training courses shall, at a minimum, be offered in English and Spanish.

(1) The department may be a provider of RBS training courses.

(2) The department shall authorize one or more accreditation agencies to accredit training providers to offer RBS training courses that meet the curriculum requirements established by the department. The department may collect fees to cover its reasonable costs for the review, approval, and renewal of the approval of accreditation agencies.

(3) An accredited training provider shall register with the department once accredited.

(b) (1) The department may approve training providers that are not accredited by an accreditation agency authorized by the department. The department shall promulgate regulations setting forth the requirements for approval for training providers that are not accredited. At a minimum, training providers that are not accredited shall:

(A) Possess background and expertise in the fields of alcohol, training, hospitality, and psychology.

(B) Keep records of all certifications issued and, upon request, make these available to the department or other law enforcement agencies.

(C) Provide technical support to servers and customers.

(D) Maintain strict data security protocols.

(E) Comply with any other requirements established by the department.

(2) The department may collect fees to cover its reasonable costs for the review, approval, and renewal of the approval of training providers that are not accredited by an accreditation agency.

(c) A training provider shall register with the department once accredited by an authorized accreditation agency or approved by the department.

(d) A training provider shall issue alcohol server certifications to persons who have successfully completed an RBS training course and passed an exam.

(e) An alcohol server certification shall be valid for a period of three years from the date of issuance and shall be valid for any person employed by a licensee that is subject to this article.

(f) (1) Commencing on or before July 1, 2026, the RBS training courses shall include all of the following:

(A) Best practices on how to prevent or protect a person from drink spiking.

(B) Best practices if the person believes they have, or someone they know has, been drugged as a result of drink spiking.

(2) For purposes of this subdivision, “drink spiking” has the same meaning as in Section 25700. means putting alcohol or drugs into another person’s drink without their knowing and express consent, also known as roofying.

SEC. 2.Article 6 (commencing with Section 25700) is added to Chapter 16 of Division 9 of the Business and Professions Code, to read:

6.Drink Spiking Education Campaign

25700.

For purposes of this article, the following definitions shall apply:

(a)“Campaign” means the public education campaign required by this article.

(b)“Drink spiking” means putting alcohol or drugs into another person’s drink without their knowing and express consent, also known as roofying.

(c)“Drug testing device” means test strips, stickers, straws, and other devices designed to detect the presence of alcohol or drugs in a drink.

25701.

The department shall, upon appropriation by the Legislature, create and implement a campaign that does all of the following:

(a)Raises public awareness of the risks of drink spiking and the availability of drug testing devices.

(b)Educates the public on both of the following best practices:

(1)How to prevent drink spiking.

(2)What to do if a person believes they have, or another person has, been the victim of drink spiking.

(c)Educates the public on appropriate public resources or other best practices to prevent and mitigate the effects of drink spiking, as determined by the department.