Bill Text: CA SB50 | 2011-2012 | Regular Session | Amended
Bill Title: Vehicles: driving under the influence: controlled
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2012-06-26 - Set, first hearing. Failed passage in committee. [SB50 Detail]
Download: California-2011-SB50-Amended.html
BILL NUMBER: SB 50 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 20, 2012
AMENDED IN ASSEMBLY APRIL 16, 2012
AMENDED IN ASSEMBLY JUNE 20, 2011
INTRODUCED BY Senators Correa and Blakeslee
DECEMBER 15, 2010
An act to amend Sections 23152 and 23153 of the Vehicle Code,
relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 50, as amended, Correa. Vehicles: driving under the influence:
controlled substances.
(1) Existing law makes it a crime for a person who is under the
influence of alcohol or any drug, or under the combined influence of
alcohol and any drug, to drive a vehicle. Existing law also makes it
a crime for a person to drive a vehicle with 0.08% or more, by
weight, of alcohol in his or her blood.
This bill would, in addition, make it a crime for a person to have
a controlled substance , as defined, in his or her blood
while driving a vehicle.
(2) Existing law makes it a crime for a person who drives a
vehicle under the influence of alcohol or any drug, or under the
combined influence of alcohol and any drug, to do any act forbidden
by law or neglect any duty imposed by law while driving a vehicle
when that act or neglected duty is the proximate cause of bodily
injury to any person other than the driver. Existing law also makes
it a crime for a person who drives a vehicle with 0.08% or more, by
weight, of alcohol in his or her blood to do any act forbidden by law
or neglect any duty imposed by law while driving a vehicle when that
act or neglected duty is the proximate cause of bodily injury to any
person other than the driver.
This bill would, in addition, make it a crime for a person to have
a controlled substance , as defined, in his or her blood
while driving a vehicle and to do any act forbidden by law or neglect
any duty imposed by law while driving when that act or neglected
duty is the proximate cause of bodily injury to any person other than
the driver.
(3) Under existing law, there is a rebuttable evidentiary
presumption that a person was under the influence of alcohol at the
time he or she drove a vehicle if he or she had 0.08% or more, by
weight, of alcohol in his or her blood at the time of a chemical test
if the chemical test was done within 3 hours of when
after the person drove the vehicle.
This bill would create a rebuttable evidentiary presumption that a
person had a controlled substance in his or her blood at the time he
or she drove a vehicle if the person had a controlled substance
, as defined, in his or her blood at the time of the
performance of a chemical test if the test is done within 3 hours
after the person drove the vehicle.
(4) Because this bill would create new crimes, it 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) The problem of drugged driving continues to rise in California
and poses a substantial threat to public safety.
(b) According to the National Highway Traffic Safety
Administration, 30 percent of all drivers who were killed in motor
vehicle crashes in California in 2010 tested positive for drugs, an
increase since 2006.
(c) Research shows that drugs have an adverse effect on judgment,
reaction time, motor skills, and memory that are all critical skills
for safe and responsible driving.
(d) Drugged driving is a problem not widely recognized by the
public, but increases in crashes, fatalities, and injuries
demonstrate that immediate action is needed to reduce the number of
impaired drivers on our roads.
(e) Because there is currently no established impairment level for
illegal hardcore drugs and other drugs used illegally, prosecuting
drug impairment driving cases can be difficult. Establishing a zero
tolerance for illegal drug use while driving will assist in
prosecuting these cases and advance public safety.
SECTION 1. SEC. 2. Section 23152 of
the Vehicle Code, as amended by Section 31 of Chapter 455 of the
Statutes of 1995, is amended to read:
23152. (a) It is unlawful for a person who is under the influence
of any alcoholic beverage or drug, or under the combined influence
of any alcoholic beverage and drug, to drive a vehicle.
(b) (1) It is unlawful for a
person who has 0.08 percent or more, by weight, of alcohol in his or
her blood to drive a vehicle.
(2)
(1) For purposes of this article and Section 34501.16,
the percent, by weight, of alcohol in a person's blood is
based upon grams of alcohol per 100 milliliters of blood or grams of
alcohol per 210 liters of breath.
(3)
(2) In any prosecution under this subdivision, it is a
rebuttable presumption that the person had 0.08 percent or more, by
weight, of alcohol in his or her blood at the time of driving the
vehicle if the person had 0.08 percent or more, by weight, of alcohol
in his or her blood at the time of the performance of a chemical
test within three hours after the driving.
(c) It is unlawful for a person who is addicted to the use of any
drug to drive a vehicle. This subdivision shall not apply to a person
who is participating in a narcotic treatment program approved
pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of
Part 3 of Division 10.5 of the Health and Safety Code.
(d) (1) It is unlawful for
any person who has 0.04 percent or more, by weight, of alcohol in his
or her blood to drive a commercial motor vehicle, as defined in
Section 15210.
(2) In
In any prosecution under this subdivision, it is a
rebuttable presumption that the person had 0.04 percent or more, by
weight, of alcohol in his or her blood at the time of driving the
vehicle if the person had 0.04 percent or more, by weight, of alcohol
in his or her blood at the time of the performance of a chemical
test within three hours after the driving.
(e) (1) It is unlawful for a
person who has a controlled substance in his or her blood to drive a
vehicle.
(2)
(1) In any prosecution under this
subdivision, it is a rebuttable presumption that the person had a
controlled substance in his or her blood at the time of driving the
vehicle if the person had any measurable amount of a controlled
substance in his or her blood at the time of the performance of a
chemical test within three hours after the driving.
(3)
(2) For purposes of this subdivision, a controlled
substance is any of the following:
(A) A controlled substance as specified in subdivision (b) or (c),
paragraph (14), (15), (21), (22), or (23) of subdivision (d),
subdivision (e), or paragraph (1) of subdivision (f) of Section 11054
of the Health and Safety Code, or subdivision (b) or (c), paragraph
(1) or (2) of subdivision (d), or paragraph (3) of subdivision (e) of
Section 11055 of the Health and Safety Code.
(B) A narcotic drug classified in Schedule III of Section 11056,
Schedule IV of Section 11057, or Schedule V of Section 11058 of the
Health and Safety Code , except when administered by or
under the direction of a person licensed by the state to dispense,
prescribe, or administer controlled substances. The defendant shall
bear the burden of showing that the exception applies .
(C) A controlled substance does not include a controlled substance
or narcotic drug listed in this paragraph when administered by or
under the direction of a person licensed by the state to dispense,
prescribe, or administer controlled substances. The defendant shall
bear the burden of showing that the exception applies.
(f) This section shall become operative on January 1, 1992, and
shall remain operative until the director determines that federal
regulations adopted pursuant to the Commercial Motor Vehicle Safety
Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51
or 391.15 of Title 49 of the Code of Federal Regulations do not
require the state to prohibit operation of commercial vehicles when
the operator has a concentration of alcohol in his or her blood of
0.04 percent by weight or more.
(g) The director shall submit a notice of the determination under
subdivision (f) to the Secretary of State, and this section shall be
repealed upon the receipt of that notice by the Secretary of State.
SEC. 2. SEC. 3. Section 23152 of the
Vehicle Code, as amended by Section 32 of Chapter 455 of the
Statutes of 1995, is amended to read:
23152. (a) It is unlawful for a person who is under the influence
of any alcoholic beverage or drug, or under the combined influence
of any alcoholic beverage and drug, to drive a vehicle.
(b) (1) It is unlawful for a
person who has 0.08 percent or more, by weight, of alcohol in his or
her blood to drive a vehicle.
(2)
(1) For purposes of this article and Section 34501.16,
the percent, by weight, of alcohol in a person's blood is
based upon grams of alcohol per 100 milliliters of blood or grams of
alcohol per 210 liters of breath.
(3)
(2) In any prosecution under this subdivision, it is a
rebuttable presumption that the person had 0.08 percent or more, by
weight, of alcohol in his or her blood at the time of driving the
vehicle if the person had 0.08 percent or more, by weight, of alcohol
in his or her blood at the time of the performance of a chemical
test within three hours after the driving.
(c) It is unlawful for a person who is addicted to the use of any
drug to drive a vehicle. This subdivision shall not apply to a person
who is participating in a narcotic treatment program approved
pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of
Part 3 of Division 10.5 of the Health and Safety Code.
(d) (1) It is unlawful for a
person to who has a controlled substance in his or her blood to
drive a vehicle.
(2)
(1) In any prosecution under this subdivision, it is a
rebuttable presumption that the person had a controlled substance in
his or her blood at the time of driving the vehicle if the person had
any measurable amount of a controlled substance in his or her blood
at the time of the performance of a chemical test within three hours
after the driving.
(3)
(2) For purposes of this subdivision, a controlled
substance is any of the following:
(A) A controlled substance as specified in subdivision (b) or (c),
paragraph (14), (15), (21), (22), or (23) of subdivision (d),
subdivision (e), or paragraph (1) of subdivision (f) of Section 11054
of the Health and Safety Code, or subdivision (b) or (c), paragraph
(1) or (2) of subdivision (d), or paragraph (3) of subdivision (e) of
Section 11055 of the Health and Safety Code.
(B) A narcotic drug classified in Schedule III of Section 11056,
Schedule IV of Section 11057, or Schedule V of Section 11058 of the
Health and Safety Code , except when administered by or
under the direction of a person licensed by the state to dispense,
prescribe, or administer controlled substances. The defendant shall
bear the burden of showing that the exception applies .
(C) A controlled substance does not include a controlled substance
or narcotic drug listed in this paragraph when administered by or
under the direction of a person licensed by the state to dispense,
prescribe, or administer controlled substances. The defendant shall
bear the burden of showing that the exception applies.
(e) This section shall become operative only upon the receipt by
the Secretary of State of the notice specified in subdivision (f) of
Section 23152, as added by Section 25 of Chapter 1114 of the Statutes
of 1989.
SEC. 3. SEC. 4. Section 23153 of the
Vehicle Code, as amended by Section 18 of Chapter 974 of the
Statutes of 1992, is amended to read:
23153. (a) It is unlawful for a person, while under the influence
of any alcoholic beverage or drug, or under the combined influence
of any alcoholic beverage and drug, to drive a vehicle and
concurrently do any act forbidden by law, or neglect any duty imposed
by law in driving the vehicle, which act or neglect proximately
causes bodily injury to a person other than the driver.
(b) (1) It is unlawful for a
person, while having 0.08 percent or more, by weight, of alcohol in
his or her blood to drive a vehicle and concurrently do any act
forbidden by law, or neglect any duty imposed by law in driving the
vehicle, which act or neglect proximately causes bodily injury to a
person other than the driver.
(2) In
In any prosecution under this subdivision, it is a
rebuttable presumption that the person had 0.08 percent or more, by
weight, of alcohol in his or her blood at the time of driving the
vehicle if the person had 0.08 percent or more, by weight, of alcohol
in his or her blood at the time of the performance of a chemical
test within three hours after driving.
(c) In proving the person neglected any duty imposed by law in
driving the vehicle, it is not necessary to prove that any specific
section of this code was violated.
(d) (1) It is unlawful for a
person, while having 0.04 percent or more, by weight, of alcohol in
his or her blood to drive a commercial motor vehicle, as defined in
Section 15210, and concurrently to do any act forbidden by law or
neglect any duty imposed by law in driving the vehicle, which act or
neglect proximately causes bodily injury to a person other than the
driver.
(2) In
In any prosecution under this subdivision, it is a
rebuttable presumption that the person had 0.04 percent or more, by
weight, of alcohol in his or her blood at the time of driving the
vehicle if the person had 0.04 percent or more, by weight, of alcohol
in his or her blood at the time of performance of a chemical test
within three hours after driving.
(e) (1) It is unlawful for a
person who has a controlled substance in his or her blood to drive a
vehicle and concurrently do any act forbidden by law, or neglect any
duty imposed by law in driving the vehicle, which act or neglect
proximately causes bodily injury to a person other than the driver.
(2)
(1) In any prosecution under this subdivision, it is a
rebuttable presumption that the person had a controlled substance in
his or her blood at the time of driving the vehicle if the person had
any measurable amount of a controlled substance in his or her blood
at the time of the performance of a chemical test within three hours
after the driving.
(3)
(2) For purposes of this subdivision, a controlled
substance is any of the following:
(A) A controlled substance as specified in subdivision (b) or (c),
paragraph (14), (15), (21), (22), or (23) of subdivision (d),
subdivision (e), or paragraph (1) of subdivision (f) of Section 11054
of the Health and Safety Code, or subdivision (b) or (c), paragraph
(1) or (2) of subdivision (d), or paragraph (3) of subdivision (e) of
Section 11055 of the Health and Safety Code.
(B) A narcotic drug classified in Schedule III of Section 11056,
Schedule IV of Section 11057, or Schedule V of Section 11058 of the
Health and Safety Code , except when administered by or
under the direction of a person licensed by the state to dispense,
prescribe, or administer controlled substances. The defendant shall
bear the burden of showing that the exception applies .
(C) A controlled substance does not include a controlled substance
or narcotic drug listed in this paragraph when administered by or
under the direction of a person licensed by the state to dispense,
prescribe, or administer controlled substances. The defendant shall
bear the burden of showing that the exception applies.
(f) This section shall become operative on January 1, 1992, and
shall remain operative until the director determines that federal
regulations adopted pursuant to the Commercial Motor Vehicle Act of
1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or
391.15 of Title 49 of the Code of Federal Regulations do not require
the state to prohibit operation of commercial vehicles when the
operator has a concentration of alcohol in his or her blood of 0.04
percent by weight or more.
(g) The director shall submit a notice of the determination under
subdivision (f) to the Secretary of State, and this section shall be
repealed upon the receipt of that notice by the Secretary of State.
SEC. 4. SEC. 5. Section 23153 of the
Vehicle Code, as amended by Section 19 of Chapter 974 of the
Statutes of 1992, is amended to read:
23153. (a) It is unlawful for a person, while under the influence
of any alcoholic beverage or drug, or under the combined influence
of any alcoholic beverage and drug, to drive a vehicle and
concurrently do any act forbidden by law or neglect any duty imposed
by law in driving the vehicle, which act or neglect proximately
causes bodily injury to a person other than the driver.
(b) (1) It is unlawful for a
person, while having 0.08 percent or more, by weight, of alcohol in
his or her blood to drive a vehicle and concurrently do any act
forbidden by law or neglect any duty imposed by law in driving the
vehicle, which act or neglect proximately causes bodily injury to a
person other than the driver.
(2) In
In any prosecution under this subdivision, it is a
rebuttable presumption that the person had 0.08 percent or more, by
weight, of alcohol in his or her blood at the time of driving the
vehicle if the person had 0.08 percent or more, by weight, of alcohol
in his or her blood at the time of the performance of a chemical
test within three hours after driving.
(c) (1) It is unlawful for a
person to have a controlled substance in his or her blood to drive a
vehicle and concurrently do any act forbidden by law, or neglect any
duty imposed by law in driving the vehicle, which act or neglect
proximately causes bodily injury to a person other than the driver.
(2)
(1) In any prosecution under this subdivision, it is a
rebuttable presumption that the person had a controlled substance in
his or her blood at the time of driving the vehicle if the person had
any measurable amount of a controlled substance in his or her blood
at the time of the performance of a chemical test within three hours
after the driving.
(3)
(2) For purposes of this subdivision, a controlled
substance is any of the following:
(A) A controlled substance as specified in subdivision (b) or (c),
paragraph (14), (15), (21), (22), or (23) of subdivision (d),
subdivision (e), or paragraph (1) of subdivision (f) of Section 11054
of the Health and Safety Code, or subdivision (b) or (c), paragraph
(1) or (2) of subdivision (d), or paragraph (3) of subdivision (e) of
Section 11055 of the Health and Safety Code.
(B) A narcotic drug classified in Schedule III of Section 11056,
Schedule IV of Section 11057, or Schedule V of Section 11058 of the
Health and Safety Code , except when administered by or
under the direction of a person licensed by the state to dispense,
prescribe, or administer controlled substances. The defendant shall
bear the burden of showing that the exception applies .
(C) A controlled substance does not include a controlled substance
or narcotic drug listed in this paragraph when administered by or
under the direction of a person licensed by the state to dispense,
prescribe, or administer controlled substances. The defendant shall
bear the burden of showing that the exception applies.
(d) In proving the person neglected any duty imposed by law in
driving the vehicle, it is not necessary to prove that any specific
section of this code was violated.
(e) This section shall become operative only upon the receipt by
the Secretary of State of the notice specified in subdivision (f) of
Section 23153.
SEC. 5. SEC. 6. 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.
