SB 289, as introduced, Correa. 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 a drug classified in Schedules I, II, III, or IV of the California Uniform Controlled Substance Act, unless the drug was consumed in accordance with a valid prescription issued to the person by a licensed health care practitioner. 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:
Section 23152 of the Vehicle Code, as amended
2by Section 2 of Chapter 753 of the Statutes of 2012, is amended
3to read:
(a) It is unlawful for a person who is under the
5influence of any alcoholic beverage to drive a vehicle.
6(b) It is unlawful for a person who has 0.08 percent or more, by
7weight, of alcohol in his or her blood to drive a vehicle.
8For purposes of this article and Section 34501.16, percent, by
9weight, of alcohol in a person’s blood is based upon grams of
10alcohol per 100 milliliters of blood or grams of alcohol per 210
11liters of breath.
12In any prosecution under this subdivision, it is a rebuttable
13presumption that the person had 0.08 percent or more, by weight,
14of alcohol in his or her blood at the time of driving the vehicle if
15the person had 0.08 percent or more, by weight, of
alcohol in his
16or her blood at the time of the performance of a chemical test
17within three hours after the driving.
18(c) It is unlawful for a person who is addicted to the use of any
19drug to drive a vehicle. This subdivision shall not apply to a person
20who is participating in a narcotic treatment program approved
21pursuant to Article 3 (commencing with Section 11875) of Chapter
221 of Part 3 of Division 10.5 of the Health and Safety Code.
23(d) It is unlawful for a person who has 0.04 percent or more, by
24weight, of alcohol in his or her blood to drive a commercial motor
25vehicle, as defined in Section 15210.
26In any prosecution under this subdivision, it is a rebuttable
27presumption that the person had 0.04 percent or more, by weight,
28of alcohol in his or her blood at the time of driving the vehicle if
29the person had 0.04 percent or more, by
weight, of alcohol in his
30or her blood at the time of the performance of a chemical test
31within three hours after the driving.
32(e) It is unlawful for a person who is under the influence of any
33drug to drive a vehicle.
34(f) It is unlawful for a person to drive a vehicle if his or her
35blood contains any detectable amount of a drug classified in
36Schedule I, II, III, or IV under the California Uniform Controlled
37Substances Act (Division 10 (commencing with Section 11000) of
38the Health and Safety Code), unless the drug was consumed in
P3 1accordance with a valid prescription issued to the person by a
2licensed health care practitioner.
3(f)
end delete
4begin insert(end insertbegin insertg)end insert It is unlawful for a person who is under the combined
5influence of any alcoholic beverage and drug to drive a vehicle.
6(g)
end delete7begin insert(end insertbegin inserth)end insert This section shall become operative on January 1, 2014.
Section 23153 of the Vehicle Code, as amended by
9Section 5 of Chapter 753 of the Statutes of 2012, is amended to
10read:
(a) It is unlawful for a person, while under the influence
12of any alcoholic beverage to drive a vehicle and concurrently do
13any act forbidden by law, or neglect any duty imposed by law in
14driving the vehicle, which act or neglect proximately causes bodily
15injury to any person other than the driver.
16(b) It is unlawful for a person, while having 0.08 percent or
17more, by weight, of alcohol in his or her blood to drive a vehicle
18and concurrently do any act forbidden by law, or neglect any duty
19imposed by law in driving the vehicle, which act or neglect
20proximately causes bodily injury to any person other than the
21driver.
22In any prosecution under this subdivision, it is a rebuttable
23presumption that the person had 0.08 percent
or more, by weight,
24of alcohol in his or her blood at the time of driving the vehicle if
25the person had 0.08 percent or more, by weight, of alcohol in his
26or her blood at the time of the performance of a chemical test
27within three hours after driving.
28(c) In proving the person neglected any duty imposed by law
29in driving the vehicle, it is not necessary to prove that any specific
30section of this code was violated.
31(d) It is unlawful for a person, while having 0.04 percent or
32more, by weight, of alcohol in his or her blood to drive a
33commercial motor vehicle, as defined in Section 15210, and
34concurrently to do any act forbidden by law or neglect any duty
35imposed by law in driving the vehicle, which act or neglect
36proximately causes bodily injury to any person other than the
37driver.
38In any prosecution under this subdivision, it is a
rebuttable
39presumption that the person had 0.04 percent or more, by weight,
40of alcohol in his or her blood at the time of driving the vehicle if
P4 1the person had 0.04 percent or more, by weight, of alcohol in his
2or her blood at the time of performance of a chemical test within
3three hours after driving.
4(e) It is unlawful for a person, while under the influence of any
5drug, to drive a vehicle and concurrently do any act forbidden by
6law, or neglect any duty imposed by law in driving the vehicle,
7which act or neglect proximately causes bodily injury to any person
8other than the driver.
9(f) It is unlawful for a person to drive a vehicle if his or her
10blood contains any detectable amount of a drug classified in
11Schedule I, II, III, or IV under the California Uniform Controlled
12Substances Act (Division
10 (commencing with Section 11000) of
13the Health and Safety Code), unless the drug was consumed in
14accordance with a valid prescription issued to the person by a
15licensed health care practitioner.
16(f)
end delete
17begin insert(end insertbegin insertg)end insert It is unlawful for a person, while under the combined
18influence of any alcoholic beverage and drug, to drive a vehicle
19and concurrently do any act forbidden by law, or neglect any duty
20imposed by law in driving the vehicle, which act or neglect
21proximately causes bodily injury to any person other than the
22driver.
23(g)
end delete24begin insert(end insertbegin inserth)end insert This section shall become operative on January 1, 2014.
No reimbursement is required by this act pursuant to
26Section 6 of Article XIII B of the California Constitution because
27the only costs that may be incurred by a local agency or school
28district will be incurred because this act creates a new crime or
29infraction, eliminates a crime or infraction, or changes the penalty
30for a crime or infraction, within the meaning of Section 17556 of
31the Government Code, or changes the definition of a crime within
32the meaning of Section 6 of Article XIII B of the California
33Constitution.
O
99