Amended in Assembly April 21, 2014

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 amended, 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 containsbegin delete any detectable amountend deletebegin insert specified amountsend insert ofbegin insert amphetamine, methamphetamine, cocaine or heroin or their metabolites, morphine, phencyclidine, orend insert delta-9-tetrahydrocannabinol ofbegin delete marijuana or any other drug classified in Schedules I, II, III, or IV of the California Uniform Controlled Substance Actend deletebegin insert marijuanaend insert. 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:

P2    1

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 Section 11876) of Chapter
211 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 delete

P3    1(f) It is unlawful for a person to drive a vehicle if his or her
2blood contains any detectable amount of
3delta-9-tetrahydrocannabinol of marijuana or any other drug
4classified in Schedule I, II, III, or IV under the California Uniform
5Controlled Substances Act (Division 10 (commencing with Section
611000) of the Health and Safety Code).

end delete
begin insert

7(f) It is unlawful for a person to drive a vehicle if his or her
8blood contains any of the following:

end insert
begin insert

9(1) Amphetamine in the amount of 100 nanograms, or more,
10per milliliter of whole blood.

end insert
begin insert

11(2) Cocaine in the amount of 50 nanograms, or more, per
12milliliter of whole blood.

end insert
begin insert

13(3) Cocaine metabolite in the amount of 50 nanograms, or more,
14per milliliter of whole blood.

end insert
begin insert

15(4) Delta-9-tetrahydrocannabinol of marijuana in the amount
16of 2 nanograms, or more, per milliliter of whole blood.

end insert
begin insert

17(5) Heroin in the amount of 50 nanograms, or more, per
18milliliter of whole blood.

end insert
begin insert

19(6) Heroin metabolite 6-monoacetylmorphine in the amount of
2010 nanograms, or more, per milliliter of whole blood.

end insert
begin insert

21(7) Methamphetamine in the amount of 100 nanograms, or
22more, per milliliter of whole blood.

end insert
begin insert

23(8) Morphine in the amount of 50 nanograms, or more, per
24milliliter of whole blood.

end insert
begin insert

25(9) Phencyclidine in the amount of 10 nanograms, or more, per
26milliliter of whole blood.

end insert

27(g) It is unlawful for a person who is under the combined
28influence of any alcoholic beverage and drug to drive a vehicle.

29

SEC. 2.  

Section 23153 of the Vehicle Code is amended to read:

30

23153.  

(a) It is unlawful for a person, while under the influence
31of any alcoholic beverage to drive a vehicle and concurrently do
32any act forbidden by law, or neglect any duty imposed by law in
33driving the vehicle, which act or neglect proximately causes bodily
34injury to any person other than the driver.

35(b) It is unlawful for a person, while having 0.08 percent or
36more, by weight, of alcohol in his or her blood to drive a vehicle
37and concurrently do any act forbidden by law, or neglect any duty
38imposed by law in driving the vehicle, which act or neglect
39proximately causes bodily injury to any person other than the
40driver.

P4    1In any prosecution under this subdivision, it is a rebuttable
2presumption that the person had 0.08 percent or more, by weight,
3of alcohol in his or her blood at the time of driving the vehicle if
4the person had 0.08 percent or more, by weight, of alcohol in his
5or her blood at the time of the performance of a chemical test
6within three hours after driving.

7(c) In proving the person neglected any duty imposed by law
8in driving the vehicle, it is not necessary to prove that any specific
9section of this code was violated.

10(d) It is unlawful for a person, while having 0.04 percent or
11more, by weight, of alcohol in his or her blood to drive a
12commercial motor vehicle, as defined in Section 15210, and
13concurrently to do any act forbidden by law or neglect any duty
14imposed by law in driving the vehicle, which act or neglect
15proximately causes bodily injury to any person other than the
16driver.

17In any prosecution under this subdivision, it is a rebuttable
18presumption that the person had 0.04 percent or more, by weight,
19of alcohol in his or her blood at the time of driving the vehicle if
20the person had 0.04 percent or more, by weight, of alcohol in his
21or her blood at the time of performance of a chemical test within
22three hours after driving.

23(e) It is unlawful for a person, while under the influence of any
24drug, to drive a vehicle and concurrently do any act forbidden by
25law, or neglect any duty imposed by law in driving the vehicle,
26which act or neglect proximately causes bodily injury to any person
27other than the driver.

begin delete

28(f) It is unlawful for a person to drive a vehicle if his or her
29blood contains any detectable amount of
30delta-9-tetrahydrocannabinol of marijuana or any other drug
31classified in Schedule I, II, III, or IV under the California Uniform
32Controlled Substances Act (Division 10 (commencing with Section
3311000) of the Health and Safety Code).

end delete
begin insert

34(f) It is unlawful for a person to drive a vehicle if his or her
35blood contains any of the following:

end insert
begin insert

36(1) Amphetamine in the amount of 100 nanograms, or more,
37per milliliter of whole blood.

end insert
begin insert

38(2) Cocaine in the amount of 50 nanograms, or more, per
39milliliter of whole blood.

end insert
begin insert

P5    1(3) Cocaine metabolite in the amount of 50 nanograms, or more,
2per milliliter of whole blood.

end insert
begin insert

3(4) Delta-9-tetrahydrocannabinol of marijuana in the amount
4of 2 nanograms, or more, per milliliter of whole blood.

end insert
begin insert

5(5) Heroin in the amount of 50 nanograms, or more, per
6milliliter of whole blood.

end insert
begin insert

7(6) Heroin metabolite 6-monoacetylmorphine in the amount of
810 nanograms, or more, per milliliter of whole blood.

end insert
begin insert

9(7) Methamphetamine in the amount of 100 nanograms, or
10more, per milliliter of whole blood.

end insert
begin insert

11(8) Morphine in the amount of 50 nanograms, or more, per
12milliliter of whole blood.

end insert
begin insert

13(9) Phencyclidine in the amount of 10 nanograms, or more, per
14milliliter of whole blood.

end insert

15(g) 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.

21

SEC. 3.  

No reimbursement is required by this act pursuant to
22Section 6 of Article XIII B of the California Constitution because
23the only costs that may be incurred by a local agency or school
24district will be incurred because this act creates a new crime or
25infraction, eliminates a crime or infraction, or changes the penalty
26for a crime or infraction, within the meaning of Section 17556 of
27the Government Code, or changes the definition of a crime within
28the meaning of Section 6 of Article XIII B of the California
29Constitution.



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