Bill Text: CA AB397 | 2019-2020 | Regular Session | Amended

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

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Bill Title: Vehicles: driving under the influence.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-10-08 - Chaptered by Secretary of State - Chapter 610, Statutes of 2019. [AB397 Detail]

Download: California-2019-AB397-Amended.html

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Amended  IN  Assembly  May 16, 2019

Amended  IN  Assembly  March 21, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 397

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Introduced by Assembly Member Chau
(Coauthor: Senator Bates)

February 06, 2019

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An act to amend Section 1821 of, and to add Section 23155 to, to the Vehicle Code, relating to driving under the influence.

LEGISLATIVE COUNSEL'S DIGEST

AB 397, as amended, Chau. Vehicles: driving under the influence: statistics.

Existing law makes it a crime for a person who is under the influence of an alcoholic beverage, a drug, or the combined influence of an alcoholic beverage and a drug, to drive a vehicle. Existing law also makes it a crime for a person to drive under the influence and proximately cause bodily harm to another person, as specified. Existing law requires the Department of Motor Vehicles to establish and maintain a data and monitoring system, as specified, to evaluate the efficacy of intervention programs for persons convicted of those crimes, and to report thereon annually to the Legislature.

Existing law requires, among others, every chief of police, sheriff, district attorney, and every other person or agency dealing with crimes or criminals or with delinquency or delinquents, when requested by the Attorney General, to report statistical data to the Department of Justice at the times and manner that the Attorney General prescribes.

This bill would, commencing July 15, January 1, 2022, and monthly thereafter, require any law enforcement agency, as specified, to report to the Department of Justice the number of the above-described individuals and entities to submit to the Department of Justice data relating to arrests made for driving under the influence and the number of those arrests in which cannabis was suspected to be the substance, or one of the substances, of which the person was under the influence. This bill would require the Department of Justice to annually report the data to the Department of Motor Vehicles, and would, commencing with the first report submitted on or after January 1, 2024, require the Department of Motor Vehicles to include that data in its annual report to the Legislature. Attorney General, on or before January 1, 2021, to prescribe a format for the reporting of that data. By creating new reporting requirements for local law enforcement agencies, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

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

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Bill Text

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

SECTION 1.Section 1821 of the Vehicle Code is amended to read:

1821.

(a)The department shall establish and maintain a data and monitoring system to evaluate the efficacy of intervention programs for persons convicted of violations of Section 23152 or 23153.

(b)The system may include a recidivism tracking system. The recidivism tracking system may include, but not be limited to, jail sentencing, license restriction, license suspension, level I (first offender) and II (multiple offender) alcohol and drug education and treatment program assignment, alcohol and drug education treatment program readmission and dropout rates, adjudicating court, length of jail term, actual jail or alternative sentence served, type of treatment program assigned, actual program compliance status, subsequent accidents related to driving under the influence of alcohol or drugs, and subsequent convictions of violations of Section 23152 or 23153.

(c)The systems described in subdivisions (a) and (b) shall include an evaluation of the efficacy of the increased level of intervention resulting from the act that added this subdivision.

(d)The department shall submit an annual report of its evaluations to the Legislature. The evaluations shall include a ranking of the relative efficacy of criminal penalties, other sanctions, and intervention programs and the various combinations thereof, including, but not limited to, those described in subdivision (c).

(e)Commencing with the first report submitted on or after January 1, 2024, the report described in subdivision (d) shall include statistical data on the number of arrests for driving under the influence in which the driver was suspected of being under the influence of cannabis, or a combination of cannabis and alcohol or another drug, as reported to the department pursuant to Section 23155.

SEC. 2.SECTION 1.

 Section 23155 is added to the Vehicle Code, to read:

23155.

 (a) On July 15, January 1, 2022, and monthly thereafter, each law enforcement agency having traffic law enforcement responsibility within their respective jurisdiction, including, but not limited to, each city police department, county sheriff’s department, and the Department of the California Highway Patrol the entities specified in Section 13020 of the Penal Code shall, on a form developed by, or in a format prescribed by, the Department of Justice, in a manner prescribed by the Attorney General, submit to the Department of Justice the number of data relating to arrests made during the preceding calendar month for any violation of subdivision (f) or (g) of Section 23152 or subdivision (f) or (g) of Section 23153 that involved cannabis as the drug, or one of the drugs, of which the arrestee was suspected of being under the influence, as well as the total number of data relating to arrests for violations of Sections 23152 and 23153.

(b) On or before April 1, 2022, January 1, 2021, the Department of Justice shall develop a form or Attorney General shall prescribe a format for the reporting of the data required to be submitted pursuant to subdivision (a).

(c)On or before July 1, 2023, and no less than once annually thereafter, the Department of Justice shall forward a summary of the arrest data obtained pursuant to subdivision (a) to the Department of Motor Vehicles in a format and at a frequency agreed upon by the departments to best effectuate the requirements of Section 1821.

SEC. 3.SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.