BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2552| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 2552 Author: Torres (D) Amended: 8/21/12 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/26/12 AYES: Hancock, Anderson, Calderon, Harman, Liu, Price, Steinberg SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/16/12 AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price, Steinberg ASSEMBLY FLOOR : 75-0, 5/21/12 - See last page for vote SUBJECT : Vehicles: driving under the influence: controlled substances SOURCE : Author DIGEST : This bill recasts the provisions on driving under the influence of alcohol or drugs. The provisions of the bill sunset on January 1, 2014. ANALYSIS : Existing law provides that 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. (Vehicle Code (VEH) § 23152(a)) CONTINUED AB 2552 Page 2 Existing law provides 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. (VEH § 23152(b).) Existing law provides that 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. (VEH § 23152(c).) Existing law provides that 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. (VEH § 23152(d).) This bill revises and recasts provisions related to driving under the influence of alcohol or drugs, or the combination of drugs and alcohol by separating the provisions into three distinct sections and subsections: Driving under the influence of alcohol. Driving under the influence of drugs. Driving under the influence of alcohol and drugs. This bill deletes the January 1, 1992, operative date in Section 23152 of the Vehicle Code. CONTINUED AB 2552 Page 3 This bill also provides that the provisions of the bill sunset January 1, 2014. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No According to the Senate Appropriations Committee: One-time costs of approximately $1.2 million (Motor Vehicle Account) to the Department of Motor Vehicles (DMV) for programming changes. Potential federal grant funding of $400,000 to $500,000 through the Office of Traffic Safety (OTS) pending a written grant agreement between the OTS and DMV, and subject to BTH approval, to support the project. SUPPORT : (Verified 8/20/12) California Peace Officers' Association California State Sheriffs' Association California Narcotic Officers' Association California Police Chiefs Association ARGUMENTS IN SUPPORT : The California State Sheriffs' Association states: Under current law, all individuals arrested for driving under the influence are arrested under a single, catch-all section of the law. Current law does not distinguish between individuals arrested for being under the influence of alcohol, drugs, or a combination of both. This process leaves state and local entities with little information to study and understand trends on the different types of substances involved in DUI incidents. AB 2552 will break up the code section of the law used by law enforcement to charge individuals for DUI into three sections. These new sections will allow state and local entities to collect arrest data that is more precise and that can reflect the actual numbers of alcohol, drug or a combination of alcohol and drugs. CONTINUED AB 2552 Page 4 This type of data is critical for health and safety agencies to make better informed decisions regarding funding for officer training, equipment, and/or drug and alcohol programs. ASSEMBLY FLOOR : 75-0, 5/21/12 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Eng, Feuer, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, Olsen, Pan, V. Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Donnelly, Fletcher, Roger Hernández, Norby, Perea RJG:n 8/21/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED