BILL NUMBER: AB 2552	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 6, 2012
	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 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.   alcoholic
beverage or drug. 
   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,  or  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.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

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

  SEC. 2.  Section 23152 of the Vehicle Code, as amended by Section
32 of Chapter 455 of the Statutes of 1995, is repealed.
  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 
    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 
    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) 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.  
   (f) 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. 
  SEC. 4.  Section 23153 of the Vehicle Code, as amended by Section
19 of Chapter 974 of the Statutes of 1992, is repealed.