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

California Assembly Bill 397 (Prior Session Legislation)

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

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

Amended IN Senate June 18, 2019

Amended IN Assembly May 16, 2019

Amended IN Assembly March 21, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 397

Introduced by Assembly Member Chau
(Coauthor: Senator Bates)

February 06, 2019

An act to amend Section 23222 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.~~ influence.

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, 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 January 1, 2022, and monthly thereafter, require the above-described individuals and entities to submit to the Department of Justice data relating to arrests made for driving under the influence and 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 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.

Existing law makes it an infraction for a person to have in their possession on their person while driving a motor vehicle upon a highway or on specified lands any receptacle containing any cannabis or cannabis products, as defined, which has been opened or has a seal broken, or loose cannabis flower not in a container.
This bill would make technical changes to that provision by updating a cross-reference.

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.

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

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

SECTION 1.

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

23155.

(a) On January 1, 2022, and monthly thereafter, the entities specified in Section 13020 of the Penal Code shall, in a manner prescribed by the Attorney General, submit to the Department of Justice 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 data relating to arrests for violations of Sections 23152 and 23153.

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

SEC. 2.

Section 23222 of the Vehicle Code is amended to read:

23222.

(a) No A person shall not have in ~~his or her~~ their possession on ~~his or her~~ their person, while driving a motor vehicle upon a highway or on lands, as described in subdivision ~~(b)~~ (c) of Section 23220, any bottle, can, or other receptacle, containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed.

(b) (1) Except as authorized by law, every person who has in ~~his or her~~ their possession on ~~his or her~~ their person, while driving a motor vehicle upon a highway or on lands, as described in subdivision ~~(b)~~ (c) of Section 23220, any receptacle containing any cannabis or cannabis products, as defined by Section 11018.1 of the Health and Safety Code, which has been opened or has a seal broken, or loose cannabis flower not in a container, is guilty of an infraction punishable by a fine of not more than one hundred dollars ($100).

(2) Paragraph (1) does not apply to a person who has a receptacle containing cannabis or cannabis products that has been opened, has a seal broken, or the contents of which have been partially removed, or to a person who has loose cannabis flower not in a container, if the receptacle or loose cannabis flower not in a container is in the trunk of the vehicle.

(c) Subdivision (b) does not apply to a qualified patient or person with an identification card, as defined in Section 11362.7 of the Health and Safety Code, if both of the following apply:

(1) The person is carrying a current identification card or a physician’s recommendation.

(2) The cannabis or cannabis product is contained in a container or receptacle that is either sealed, resealed, or closed.

SEC. 2.SEC. 3.

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.