BILL NUMBER: SB 1011	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 20, 2010
	AMENDED IN ASSEMBLY  JUNE 16, 2010
	AMENDED IN SENATE  APRIL 20, 2010

INTRODUCED BY   Senator Calderon
    (   Coauthor:  
Assembly Member   Portantino   )


                        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.   An act to amend Sections 66057
and 89708 of the Education Code, relating to public postsecondary
education. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1011, as amended, Calderon.  Underage drinkers:
immunity of prosecution.   Student fees: special
sessions.  
   (1) The Donahoe Higher Education Act sets forth, among other
things, the missions and functions of California's public and
independent segments of higher education, including the University of
California and the California State University, and their respective
institutions of higher education. Provisions of the act apply to the
University of California only to the extent that the Regents of the
University of California, by appropriate resolution, act to make a
provision applicable.  
   A provision of the act prohibits summer session fees at all
campuses of the University of California and California State
University from exceeding the fees charged per credit unit for any
other academic term, if the state provides funding to offset any
revenue losses that may occur for prescribed purposes.  
   This bill would instead prohibit those summer session fees from
exceeding the fees charged per credit unit for any other academic
term, except for courses taken solely for the purpose of career
enhancement or job retraining and not taken for credit towards a
bachelor's, master's, or doctoral degree.  
   (2) Existing law requires certain fees to be required of, and
collected from, students enrolled in each special session, pursuant
to rules and regulations prescribed by the Board of Trustees of the
California State University. Special sessions are defined as
self-supporting instructional programs conducted by the California
State University, which include, but are not limited to, career
enrichment and retraining programs.  
   This bill would revise the definition of special sessions by
limiting them to career enrichment and job retraining programs that
do not include courses offered for credit towards a bachelor's,
master's, or doctoral degree.  
   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-described provisions where the person under the age of 21
years called 911 and reported that another 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
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 66057 of the  
Education Code   is amended to r   ead: 
   66057.  (a) The Legislature finds and declares all of the
following:
   (1) The future economic vitality of California will depend on the
state's ability to educate its citizens and to help them develop the
work and social skills needed to compete with workers of other
nations and states in our global economy.
   (2) Ensuring that California's colleges and universities can
accommodate a tidal wave of new students, as well as enable those
from diverse backgrounds to achieve success in their college careers,
will require a variety of strategies.
   (3) The Legislative Analyst's Office (LAO) has reported that most
campuses of the University of California, the California State
University, and the California Community Colleges will soon exceed
their current capacities.
   (4) The LAO has identified year-round operation as a
cost-efficient strategy to address future enrollment growth, by
avoiding capital expenditure for instructional space, such as
classrooms, class laboratories, study space in libraries, and other
selected student support service facilities.
   (5) Year-round operation also increases student access to high
demand campuses, and allows students to accelerate their progress to
degrees.
   (6) (A) It is the intent of the Legislature that the University of
California and the California State University accommodate
enrollment growth by maximizing the utilization of existing
instructional facilities during the summer term before building new
classrooms and teaching laboratories. It is further the intent of the
Legislature that the University of California and the California
State University make requests for capital outlay funding for space
for classrooms and class laboratories justified using legislatively
approved utilization standards and a reasonable assumption of
summer-term enrollment.
   (B) Accordingly, the University of California is requested to base
its annual five-year capital outlay plan on the utilization of
instructional facilities during the summer, assuming summer-term
enrollment of at least 40 percent of the average fall, winter, and
spring enrollment.
   (C) The California State University is requested to base its
annual five-year capital outlay plan on utilization of instructional
facilities during the summer, assuming summer-term enrollment of at
least 25 percent and 40 percent of the fall, winter, spring
enrollment at rural and urban campuses, respectively.
   (b) Summer session fees at all campuses of the University of
California and the California State University shall not exceed the
fees charged per credit unit for any other academic term,  if
the state provides funding to offset any revenue losses that may
occur due to the difference between the state university fee and fees
charged for self-supporting academic programs   except
for courses taken solely for the purpose of career enhancement or job
retraining and not taken for credit towards a bachelor's, master's,
or doctoral degree  .
   (c) In recognition of the differing circumstances on the various
campuses throughout the state, the University of California and the
California State University shall retain the flexibility to implement
year-round operation differently on individual campuses.
   (d) On or before January 10 of each year, the University of
California is requested to, and the California State University
shall, submit to the Legislature a report describing summer
enrollment for their respective systems. The report shall include all
of the following information separately for each campus in the
system:
   (1) The number of state-funded headcount students enrolled during
the summer term of the preceding calendar year and, for comparison
purposes, the year-average number of state-funded headcount students
enrolled during the preceding fall, winter, and spring terms.
   (2) The number of state-funded full-time equivalent students
enrolled during the summer term of the preceding calendar year and,
for comparison purposes, the number of year-average state-funded
full-time equivalent students enrolled during the preceding fall,
winter, and spring terms.
   (3) Efforts undertaken to increase summer enrollment.
   SEC. 2.    Section 89708 of the   Education
Code  is amended to read: 
   89708.  Tuition fees adequate, in the long run, to meet the cost
of maintaining special sessions in the California State University
shall be required of, and collected from, students enrolled in each
special session under and pursuant to rules and regulations
prescribed by the trustees.
   "Special sessions," as used in this division, means
self-supporting instructional programs conducted by the California
State University. The special sessions shall  include, but
not  be limited to  ,  career enrichment
and  job  retraining programs  and shall not include
courses offered for credit towards a bachelor's, master's, or
doctoral degree  . It is the intent of the Legislature that
those programs, currently offered on a self-supporting basis by the
California State University during summer sessions, may be provided
throughout the year, and shall be known as special sessions. The
self-supporting special sessions shall not supplant regular course
offerings available on a non-self-supporting basis during the regular
academic year. 
  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) Except 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) 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 (a) of Section 25662 and
subdivision (b) of Section 25658, where the person establishes all of
the following:
   (a) The underage person called 911 and reported that another
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.
   (e) 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 Sections 23103,
23152, and 23153 of the Vehicle Code. 
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