BILL NUMBER: AB 2552	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 9, 2012

INTRODUCED BY   Assembly Member Torres

                        FEBRUARY 24, 2012

   An act to amend Section  11160 of the Penal Code, and to amend
and repeal Sections  23152  and 23153  of the Vehicle
Code, relating to  driving under the influence  
vehicles  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2552, as amended, Torres.  Driving under the influence.
  Vehicles: driving under the influence: controlled
substances.  
   Existing 
    (1)     Existing  law prohibits a
person who is under the influence of any alcoholic beverage or drug,
or under the combined influence of any alcoholic beverage and drug
 , who has 0.08% or more, by weight, of alcohol in his or her
blood, or who is addicted to the use of any drug,  to drive a
vehicle.  Existing law also makes it unlawful to drive under the
influence and cause bodily injury to another   person. 

   This bill would make it a crime for a person who has any level of
cannabinoids or synthetic cannabinoid compound, as defined, in his or
her blood or urine to drive a vehicle. This bill would establish a
rebuttable presumption that a person had cannabinoids or synthetic
cannabinoid compound in his or her blood or urine at the time he or
she drove a vehicle if the substance is present in his or her blood
or urine at the time of a chemical test performed within three hours
after driving. This bill would impose a state-mandated local program
by expanding the definition of a crime.  
   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.  
   This bill would revise and recast these provisions and would
additionally make it a crime for a person who has any detectable
amount of a specified controlled substance that has not been
administered, dispensed, or prescribed by a person licensed by the
state to do so, including metabolites and their derivatives, to drive
a vehicle.  
   (2) Existing law requires a health practitioner employed in a
health facility, clinic, physician's office, local or state public
health department, or clinic or other type of facility operated by a
local or state public health department who, in his or her
professional capacity or within the scope of his or her employment,
provides medical services for a physical condition to a patient whom
he or she knows or reasonably suspects is a person suffering from any
wound or other physical injury inflicted by his or her own act or
inflicted by another where the injury is by means of a firearm, to
make a specified written report to a law enforcement agency. 

   This bill would also require a health practitioner to make this
written report to a law enforcement agency when the health
practitioner knows or reasonably suspects the person is suffering
from any wound or other physical injury inflicted by his or her own
act or inflicted by another where the injury is the result of a
vehicle accident involving the suspected use of alcohol or drugs.
 
   By expanding the duties of local public officials and creating new
crimes, the bill would impose a state-mandated local program. 

   (3) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason. 

   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so 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.
State-mandated local program: yes.


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

   SECTION 1.    Section 11160 of the   Penal
Code   is amended to read: 
   11160.  (a)  Any   A  health
practitioner employed in a health facility, clinic, physician's
office, local or state public health department, or a clinic or other
type of facility operated by a local or state public health
department who, in his or her professional capacity or within the
scope of his or her employment, provides medical services for a
physical condition to a patient whom he or she knows or reasonably
suspects is a person described as follows, shall immediately make a
report in accordance with subdivision (b):
   (1) Any person suffering from any wound or other physical injury
inflicted by his or her own act or inflicted by another where the
injury is by means of a firearm  or the result of a vehicle
accident involving the suspected use of alcohol or drugs  .
   (2) Any person suffering from any wound or other physical injury
inflicted upon the person where the injury is the result of
assaultive or abusive conduct.
   (b)  Any   A  health practitioner
employed in a health facility, clinic, physician's office, local or
state public health department, or a clinic or other type of facility
operated by a local or state public health department shall make a
report regarding persons described in subdivision (a) to a local law
enforcement agency as follows:
   (1) A report by telephone shall be made immediately or as soon as
practically possible.
   (2) A written report shall be prepared on the standard form
developed in compliance with paragraph (4) of this subdivision, and
Section 11160.2, and adopted by the California Emergency Management
Agency, or on a form developed and adopted by another state agency
that otherwise fulfills the requirements of the standard form. The
completed form shall be sent to a local law enforcement agency within
two working days of receiving the information regarding the person.
   (3) A local law enforcement agency shall be notified and a written
report shall be prepared and sent pursuant to paragraphs (1) and (2)
even if the person who suffered the wound, other injury, or
assaultive or abusive conduct has expired, regardless of whether or
not the wound, other injury, or assaultive or abusive conduct was a
factor contributing to the death, and even if the evidence of the
conduct of the perpetrator of the wound, other injury, or assaultive
or abusive conduct was discovered during an autopsy.
   (4) The report shall include, but shall not be limited to, 
all of  the following:
   (A) The name of the injured person, if known.
   (B) The injured person's whereabouts.
   (C) The character and extent of the person's injuries.
   (D) The identity of any person the injured person alleges
inflicted the wound, other injury, or assaultive or abusive conduct
upon the injured person.
   (c) For the purposes of this section, "injury" shall not include
any psychological or physical condition brought about solely through
the voluntary administration of a narcotic or restricted dangerous
drug.
   (d) For the purposes of this section, "assaultive or abusive
conduct" shall include any of the following offenses:
   (1) Murder, in violation of Section 187.
   (2) Manslaughter, in violation of Section 192 or 192.5.
   (3) Mayhem, in violation of Section 203.
   (4) Aggravated mayhem, in violation of Section 205.
   (5) Torture, in violation of Section 206.
   (6) Assault with intent to commit mayhem, rape, sodomy, or oral
copulation, in violation of Section 220.
   (7) Administering controlled substances or anesthetic to aid in
commission of a felony, in violation of Section 222.
   (8) Battery, in violation of Section 242.
   (9) Sexual battery, in violation of Section 243.4.
   (10) Incest, in violation of Section 285.
   (11) Throwing any vitriol, corrosive acid, or caustic chemical
with intent to injure or disfigure, in violation of Section 244.
   (12) Assault with a stun gun or taser, in violation of Section
244.5.
   (13) Assault with a deadly weapon, firearm, assault weapon, or
machinegun, or by means likely to produce great bodily injury, in
violation of Section 245.
   (14) Rape, in violation of Section 261.
   (15) Spousal rape, in violation of Section 262.
   (16) Procuring any female to have sex with another man, in
violation of Section 266, 266a, 266b, or 266c.
   (17) Child abuse or endangerment, in violation of Section 273a or
273d.
   (18) Abuse of spouse or cohabitant, in violation of Section 273.5.

   (19) Sodomy, in violation of Section 286.
   (20) Lewd and lascivious acts with a child, in violation of
Section 288.
   (21) Oral copulation, in violation of Section 288a.
   (22) Sexual penetration, in violation of Section 289.
   (23) Elder abuse, in violation of Section 368.
   (24) An attempt to commit any crime specified in paragraphs (1) to
(23), inclusive.
   (e) When two or more persons who are required to report are
present and jointly have knowledge of a known or suspected instance
of violence that is required to be reported pursuant to this section,
and when there is an agreement among these persons to report as a
team, the team may select by mutual agreement a member of the team to
make a report by telephone and a single written report, as required
by subdivision (b). The written report shall be signed by the
selected member of the reporting team. Any member who has knowledge
that the member designated to report has failed to do so shall
thereafter make the report.
   (f) The reporting duties under this section are individual, except
as provided in subdivision (e).
   (g)  No   A  supervisor or administrator
shall  not  impede or inhibit the reporting duties required
under this section and  no   a  person
making a report pursuant to this section shall  not  be
subject to any sanction for making the report. However, internal
procedures to facilitate reporting and apprise supervisors and
administrators of reports may be established, except that these
procedures shall not be inconsistent with this article. The internal
procedures shall not require any employee required to make a report
under this article to disclose his or her identity to the employer.
   (h) For the purposes of this section, it is the Legislature's
intent to avoid duplication of information.
   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)  (1)    It is unlawful for 
any   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.

   (2) It is unlawful for a person who is under the influence of any
drug to drive a vehicle.  
   (3) It is unlawful for a person who is under the combined
influence of any alcoholic beverage and drug to drive a vehicle.

   (b) It is unlawful for  any   a  person
who has 0.08 percent or more, by weight, of alcohol in his or her
blood to drive a vehicle. 
   For 
    (1)     For  purposes of this article
and Section 34501.16, 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. 
   In 
    (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  any   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
  a  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. 
   In 
    (2)     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) 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.  
   (f) The director shall submit a notice of the determination under
subdivision (e) to the Secretary of State, and this section shall be
repealed upon the receipt of that notice by the Secretary of State.
 
   (g)  It is unlawful for any person who has any level of
cannabinoids or synthetic cannabinoid compound in his or her blood or
urine to drive a vehicle. For purposes of this subdivision,
 
   "synthetic cannabinoid compound" has the same meaning as defined
in Section 11357.5 of the Health and Safety Code. For 

   purposes of this subdivision, it is a rebuttable presumption that
a cannabinoid or synthetic cannabinoid compound is in a person's
blood or urine at the time of driving the vehicle if the substance is
present at the time of the performance of a chemical test within
three hours after driving. 
   (e) (1) It is unlawful for a person who has a detectable amount of
any controlled substance identified in Section 11550 of the Health
and Safety Code to drive a vehicle, except when the controlled
substance was administered, dispensed, or prescribed by a person
licensed by the state to administer, dispense, or prescribe
controlled substances.  
   (2) In any prosecution under this subdivision, it is a rebuttable
presumption that the person had a detectable amount of a controlled
substance identified in Section 11550 of the Health and Safety Code
in his or her blood at the time of driving the vehicle, if the person
had a detectable amount of the controlled substance in his or her
blood at the time of the performance of a chemical test within three
hours after driving.  
  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 any 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) It is unlawful for any person who has 0.08 percent or more, by
weight, of alcohol in his or her blood to drive a vehicle.
   For purposes of this article and Section 34501.16, 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.
   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 any 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) It is unlawful for any person who has any level of
cannabinoids or synthetic cannabinoid compound in his or her blood or
urine to drive a vehicle. For purposes of this subdivision,
"synthetic cannabinoid compound" has the same meaning as defined in
Section 11357.5 of the Health and Safety Code. For purposes of this
subdivision, it is a rebuttable presumption that a cannabinoid or
synthetic cannabinoid compound is in a person's blood or urine at the
time of driving the vehicle if the substance is present at the time
of the performance of a chemical test within three hours after
driving.
   (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.    Section 23152 of the   Vehicle
Code   , as amended by   Section 32 of Chapter 455
of the Statutes of 1995, is repealed.  
   23152.  (a) It is unlawful for any 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) It is unlawful for any person who has 0.08 percent or more, by
weight, of alcohol in his or her blood to drive a vehicle.
   For purposes of this article and Section 34501.16, 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.
   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 any 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) 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. 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)  (1)    It is unlawful for 
any   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 any person other than the driver. 
   (2) It is unlawful for a person, while under the influence of any
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 any person other
than the driver.  
   (3) It is unlawful for a person, while 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 any person other than the driver. 
   (b)  (1)    It is unlawful for  any
  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 any person other than the driver. 
   In 
    (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 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  any
  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 any
person other than the driver  except when the controlled
substance was administered, dispensed, or prescribed by a person lice
  nsed by the state to administer, dispense, or prescribe
controlled substances  . 
   In 
    (2)     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) 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.  
   (f) The director shall submit a notice of the determination under
subdivision (e) to the Secretary of State, and this section shall be
repealed upon the receipt of that notice by the Secretary of State.
 
   (e) (1) It is unlawful for a person who has a detectable amount of
any controlled substance identified in Section 11550 of the Health
and Safety Code to drive a vehicle 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 any
person other than the driver except when the controlled substance
was administered, dispensed, or prescribed by a person licensed by
the state to administer, dispense, or prescribe controlled
substances.  
   (2) In any prosecution under this subdivision, it is a rebuttable
presumption that the person had a detectable amount of a controlled
substance identified in Section 11550 of the Health and Safety Code
in his or her blood at the time of driving the vehicle, if the person
had a detectable amount of the controlled substance in his or her
blood at the time of the performance of a chemical test within three
hours after driving. 
   SEC. 5.    Section 23153 of the   Vehicle
Code   , as amended by Section 19 of   Chapter 974
of the Statutes of 1992, is repealed.  
   23153.  (a) It is unlawful for any 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 any person other than the driver.
   (b) It is unlawful for any 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 any person other than the driver.

   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) This section shall become operative only upon the receipt by
the Secretary of State of the notice specified in subdivision (f) of
Section 23153, as added by Section 30 of Chapter 1114 of the Statutes
of 1989.  
  SEC. 4.    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. 
   SEC. 6.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, 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.  
   However, if the Commission on State Mandates determines that this
act contains other 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.