BILL NUMBER: AB 2552	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 21, 2012
	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: 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  , as of January 1, 2014,  revise and
recast these provisions  to separately and distinctly define each
of the above-   described offenses  .
   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) 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 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 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.
 
   (e) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date. 
   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 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.
   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 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) 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.
   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. 

   (g) This section shall become operative on January 1, 2014. 
   SEC. 2.   SEC. 3.   Section 23152 of the
Vehicle Code, as amended by Section 32 of Chapter 455 of the
Statutes of 1995, is repealed.
   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 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) It is unlawful for any 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.
   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) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date. 
   SEC. 3.   SEC. 5.   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 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 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 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) 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.
   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. 
   (g) This section shall become operative on January 1, 2014. 
   SEC. 4.   SEC. 6.   Section 23153 of the
Vehicle Code, as amended by Section 19 of Chapter 974 of the
Statutes of 1992, is repealed.