BILL NUMBER: AB 2552	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 2, 2012
	AMENDED IN ASSEMBLY  APRIL 19, 2012
	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 vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2552, as amended, Torres. Vehicles: driving under the
influence: controlled substances. 
   (1) Existing 
    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 revise and recast these provisions. 
   (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 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 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, 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 these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


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) 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) 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) A supervisor or administrator shall not impede or inhibit the
reporting duties required under this section and 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. 
   SEC. 2.   SECTION 1.   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 a person who is under the
influence of any alcoholic beverage 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 a person who has 0.08 percent or more, by
weight, of alcohol in his or her blood to drive a vehicle.
   (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.
   (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 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 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.
   SEC. 3.   SEC. 2.   Section 23152 of the
Vehicle Code, as amended by Section 32 of Chapter 455 of the
Statutes of 1995, is repealed.
   SEC. 4.   SEC. 3.   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 a person, while under the
influence of any alcoholic beverage 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 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.

   (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 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.
    (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.
   SEC. 5.   SEC. 4.   Section 23153 of the
Vehicle Code, as amended by Section 19 of Chapter 974 of the
Statutes of 1992, is repealed. 
  SEC. 6.    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.