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AB-1301 Alcoholic beverages and controlled substances: minors.(2003-2004)

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Assembly Bill No. 1301
CHAPTER 625

An act to add Section 25658.2 to the Business and Professions Code, relating to alcoholic beverages.

[ Filed with Secretary of State  September 30, 2003. Approved by Governor  September 30, 2003. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1301, Simitian. Alcoholic beverages and controlled substances: minors.
The Alcoholic Beverage Control Act prohibits the sale of alcoholic beverages to, or the purchase of alcoholic beverages by, persons under the age of 21 years. A violation of these requirements is a misdemeanor.
This bill would provide that a parent or legal guardian who knowingly permits his or her child, or a person in the company of the child, or both, who are under the age of 18 years, to consume an alcoholic beverage or use a controlled substance at the home of the parent or legal guardian is guilty of a misdemeanor, if the parent knowingly permits that child or other underage person, after leaving the home of the parent or legal guardian, to drive a vehicle while he or she has a blood-alcohol concentration of 0.05% or greater, as measured by a chemical test, or is under the influence of a controlled substance, and that child or underage person is found to have caused a traffic collision.
Because a violation of this provision would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

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


SECTION 1.

 Section 25658.2 is added to the Business and Professions Code, to read:

25658.2.
 (a) A parent or legal guardian who knowingly permits his or her child, or a person in the company of the child, or both, who are under the age of 18 years, to consume an alcoholic beverage or use a controlled substance at the home of the parent or legal guardian is guilty of misdemeanor if all of the following occur:
(1) As the result of the consumption of an alcoholic beverage or use of a controlled substance at the home of the parent or legal guardian, the child or other underage person has a blood-alcohol concentration of 0.05 percent or greater, as measured by a chemical test, or is under the influence of a controlled substance.
(2) The parent knowingly permits that child or other underage person, after leaving the parent’s or legal guardian’s home, to drive a vehicle.
(3) That child or underage person is found to have caused a traffic collision while driving the vehicle.
(b) A person who violates subdivision (a) shall be punished by imprisonment in a county jail for a term not to exceed one year, by a fine not exceeding one thousand dollars ($1,000), or by both imprisonment and fine.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.