Bill Text: CA SB1286 | 2009-2010 | Regular Session | Introduced


Bill Title: Driving under the influence: transdermal alcohol

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-03-04 - To Com. on RLS. [SB1286 Detail]

Download: California-2009-SB1286-Introduced.html
BILL NUMBER: SB 1286	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Strickland

                        FEBRUARY 19, 2010

   An act to add Section 23647.5 to the Vehicle Code, relating to
driving under the influence.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1286, as introduced, Strickland. Driving under the influence:
transdermal alcohol monitoring.
   Existing law penalizes driving under the influence, as specified.
   This bill would encourage any county that is using a continuous
alcohol monitoring system, as defined, to monitor alcohol-related
driving by persons convicted of driving under the influence to report
specified information to the Department of Motor Vehicles, and would
require any information provided to be included in the department's
Annual Report of the California DUI Management System.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 23647.5 is added to the Vehicle Code, to read:
   23647.5.  (a) Any county that is using a transdermal monitoring
bracelet or anklet under a continuous alcohol monitoring system to
monitor alcohol-related driving by persons convicted of driving under
the influence is encouraged to report the following information to
the Department of Motor Vehicles:
   (1) Who is required to be monitored under the system?
   (2) How long is a person required to be monitored under the
system?
   (3) Who pays for the person to be monitored under the system?
   (4) Can the bracelet or anklet be removed by the wearer?
   (5) Can a person work or go to school under the system?
   (6) What has been the effect of using the system on the DUI
offenders?
   (7) What has been the effect of using the system on the public
safety?
   (8) What has been the overall cost of the system, in aggregate and
per participant, and what portion of that cost has been paid by the
county, the participant, and other sources?
   (9) Other information requested by the department or deemed
significant by the county.
   (b) Information received pursuant to this section shall be
included in the department's Annual Report of the California DUI
Management Information System pursuant to Section 1821.
   (c) For the purposes of this section, "continuous alcohol
monitoring system" means a system containing the following elements:
   (1) Utilizes a tamper-resistant bracelet or anklet to effect a
noninvasive transdermal analysis of alcohol consumption by the
wearer.
   (2) The DUI offender wears the bracelet around his or her ankle at
all times to detect alcohol consumption.
   (3) The bracelet or anklet tests the DUI offender's sweat for
alcohol at least once per hour.
   (4) The bracelet or anklet wirelessly transmits the results at
least once per day to a county law enforcement monitoring center.

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