California Legislature—2013–14 Regular Session

Assembly BillNo. 2500


Introduced by Assembly Member Frazier

(Principal coauthor: Senator Correa)

February 21, 2014


An act to amend Sections 23152 and 23153 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 2500, as introduced, Frazier. Vehicles: driving under the influence: drugs.

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 make it unlawful for a person to drive a motor vehicle if his or her blood contains any detectable amount of delta-9-tetrahydrocannabinol of marijuana or any other drug classified in Schedules I, II, III, or IV of the California Uniform Controlled Substance Act. By expanding the scope of the crime of driving under the influence of a drug, this bill would impose a state-mandated local program.

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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 23152 of the Vehicle Code is amended
2to read:

3

23152.  

(a) It is unlawful for a person who is under the
4influence of any alcoholic beverage to drive a vehicle.

5(b) It is unlawful for a person who has 0.08 percent or more, by
6weight, of alcohol in his or her blood to drive a vehicle.

7For purposes of this article and Section 34501.16, percent, by
8weight, of alcohol in a person’s blood is based upon grams of
9alcohol per 100 milliliters of blood or grams of alcohol per 210
10liters of breath.

11In any prosecution under this subdivision, it is a rebuttable
12presumption that the person had 0.08 percent or more, by weight,
13of alcohol in his or her blood at the time of driving the vehicle if
14the person had 0.08 percent or more, by weight, of alcohol in his
15or her blood at the time of the performance of a chemical test
16within three hours after the driving.

17(c) It is unlawful for a person who is addicted to the use of any
18drug to drive a vehicle. This subdivision shall not apply to a person
19who is participating in a narcotic treatment program approved
20pursuant to Article 3 (commencing with Sectionbegin delete 11875end deletebegin insert 11876end insert) of
21Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

22(d) It is unlawful for a person who has 0.04 percent or more, by
23weight, of alcohol in his or her blood to drive a commercial motor
24vehicle, as defined in Section 15210.

25In any prosecution under this subdivision, it is a rebuttable
26presumption that the person had 0.04 percent or more, by weight,
27of alcohol in his or her blood at the time of driving the vehicle if
28the person had 0.04 percent or more, by weight, of alcohol in his
29or her blood at the time of the performance of a chemical test
30within three hours after the driving.

31(e) It is unlawful for a person who is under the influence of any
32drug to drive a vehicle.

begin insert

33(f) It is unlawful for a person to drive a vehicle if his or her
34blood contains any detectable amount of
35delta-9-tetrahydrocannabinol of marijuana or any other drug
P3    1classified in Schedule I, II, III, or IV under the California Uniform
2Controlled Substances Act (Division 10 (commencing with Section
311000) of the Health and Safety Code).

end insert
begin delete

4(f)

end delete

5begin insert(end insertbegin insertg)end insert It is unlawful for a person who is under the combined
6influence of any alcoholic beverage and drug to drive a vehicle.

begin delete

7(g) This section shall become operative on January 1, 2014.

end delete
8

SEC. 2.  

Section 23153 of the Vehicle Code is amended to read:

9

23153.  

(a) It is unlawful for a person, while under the influence
10of any alcoholic beverage to drive a vehicle and concurrently do
11any act forbidden by law, or neglect any duty imposed by law in
12driving the vehicle, which act or neglect proximately causes bodily
13injury to any person other than the driver.

14(b) It is unlawful for a person, while having 0.08 percent or
15more, by weight, of alcohol in his or her blood to drive a vehicle
16and concurrently do any act forbidden by law, or neglect any duty
17imposed by law in driving the vehicle, which act or neglect
18proximately causes bodily injury to any person other than the
19driver.

20In any prosecution under this subdivision, it is a rebuttable
21presumption that the person had 0.08 percent or more, by weight,
22of alcohol in his or her blood at the time of driving the vehicle if
23the person had 0.08 percent or more, by weight, of alcohol in his
24or her blood at the time of the performance of a chemical test
25within three hours after driving.

26(c) In proving the person neglected any duty imposed by law
27in driving the vehicle, it is not necessary to prove that any specific
28section of this code was violated.

29(d) It is unlawful for a person, while having 0.04 percent or
30more, by weight, of alcohol in his or her blood to drive a
31commercial motor vehicle, as defined in Section 15210, and
32concurrently to do any act forbidden by law or neglect any duty
33imposed by law in driving the vehicle, which act or neglect
34proximately causes bodily injury to any person other than the
35driver.

36In any prosecution under this subdivision, it is a rebuttable
37presumption that the person had 0.04 percent or more, by weight,
38of alcohol in his or her blood at the time of driving the vehicle if
39the person had 0.04 percent or more, by weight, of alcohol in his
P4    1or her blood at the time of performance of a chemical test within
2three hours after driving.

3(e) It is unlawful for a person, while under the influence of any
4drug, to drive a vehicle and concurrently do any act forbidden by
5law, or neglect any duty imposed by law in driving the vehicle,
6which act or neglect proximately causes bodily injury to any person
7other than the driver.

begin insert

8(f) It is unlawful for a person to drive a vehicle if his or her
9blood contains any detectable amount of
10delta-9-tetrahydrocannabinol of marijuana or any other drug
11classified in Schedule I, II, III, or IV under the California Uniform
12Controlled Substances Act (Division 10 (commencing with Section
1311000) of the Health and Safety Code).

end insert
begin delete

14(f)

end delete

15begin insert(end insertbegin insertg)end insert It is unlawful for a person, while under the combined
16influence of any alcoholic beverage and drug, to drive a vehicle
17and concurrently do any act forbidden by law, or neglect any duty
18imposed by law in driving the vehicle, which act or neglect
19proximately causes bodily injury to any person other than the
20driver.

begin delete

21(g) This section shall become operative on January 1, 2014.

end delete
22

SEC. 3.  

No reimbursement is required by this act pursuant to
23Section 6 of Article XIII B of the California Constitution because
24the only costs that may be incurred by a local agency or school
25district will be incurred because this act creates a new crime or
26infraction, eliminates a crime or infraction, or changes the penalty
27for a crime or infraction, within the meaning of Section 17556 of
28the Government Code, or changes the definition of a crime within
29the meaning of Section 6 of Article XIII B of the California
30Constitution.



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