BILL NUMBER: AB 1999	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 6, 2010
	AMENDED IN ASSEMBLY  MARCH 18, 2010

INTRODUCED BY   Assembly Member Portantino
   (Coauthors: Assembly Members DeVore and Torres)
    (   Coauthor:   Senator   Calderon
  ) 

                        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 amended, 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 in good faith of medical emergencies arising from
alcohol consumption, as specified. The bill would specify that it
shall not affect liability for any offense that involves activities
made dangerous by the consumption of alcohol.
   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   911  and reported in good faith 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   911  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   911 
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 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 23103
of the Vehicle Code, as specified in Section 23103.5 of the Vehicle
Code, and violations of Section 23152 or 23153 of the Vehicle Code.