Bill Text: CA AB1999 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Underage drinkers: immunity from prosecution.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2010-09-24 - Chaptered by Secretary of State - Chapter 245, Statutes of 2010. [AB1999 Detail]

Download: California-2009-AB1999-Introduced.html

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BILL NUMBER: AB 1999	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Portantino

                        FEBRUARY 17, 2010

   An act to add Section 25662.5 to the Business and Professions
Code, relating to alcohol.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1999, as introduced, Portantino. Alcohol: medical emergencies.
   Existing law provides that 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. Existing law provides 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, punishable
as specified.
   This bill would provide that it shall not be a crime for certain
persons under the age of 21 years to knowingly possess or knowingly
consume alcoholic beverages under specific circumstances relating to
the reporting of medical emergencies arising from alcohol
consumption, as specified.
   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 25662.5 is added to the Business and
Professions Code, to read:
   25662.5.  (a) Notwithstanding any other law, it shall not be a
crime for a person under the age of 21 years and one or two other
persons to knowingly possess or knowingly consume one or more
alcoholic beverages if all of the following circumstances exist:
   (1) One of the persons under the age of 21 years called 9-1-1 and
reported that another person under the age of 21 years was in need of
medical assistance due to alcohol consumption.
   (2) The person under the age of 21 years was the first person to
make the 9-1-1 report.
   (3) The person under the age of 21 years and, if applicable, one
or two other persons acting in concert with the person under the age
of 21 years who made the 9-1-1 report remained on the scene with the
person under the age of 21 years in need of medical assistance until
assistance arrived and cooperated with medical assistance and law
enforcement personnel on the scene.
   (b) Notwithstanding any other law, it shall not be a crime for the
person under the age of 21 years who received medical assistance as
provided in subdivision (a) to knowingly possess or knowingly consume
one or more alcoholic beverages on private property.
   (c) Nothing in this section shall affect liability for any offense
that involves activities made dangerous by the consumption of
alcohol, including, but not limited to, violations of Section 23152
of the Vehicle code.