SB 289, as amended, 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 anybegin delete detectable amount of aend delete drug classified in Schedules I, II, III, or IV of the California Uniform Controlledbegin delete Substanceend deletebegin insert
Substancesend insert Act, unless the drug was consumed in accordance with a valid prescriptionbegin delete issued to the person by a licensed health care practitionerend deletebegin insert, as definedend 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:
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 anybegin delete detectable amount of aend delete drug classified in
P3 1Schedule I, II, III, or IV under the California Uniform Controlled
2Substances Act (Division 10 (commencing with Section 11000)
3of the Health and Safety Code), unless the drug was consumed in
4accordance
with a valid prescriptionbegin delete issued to the person by a begin insert. For purposes of this subdivision,
5licensed health care practitionerend delete
6“valid prescription” means a prescription that is issued for a
7legitimate medical purpose in the usual course of professional
8practice by a practitioner who has examined the patient or by a
9covering practitionerend insert.
10(g) It is unlawful for a person who is under the combined
11influence of any alcoholic beverage and drug to drive a vehicle.
12(h) This section shall become operative on January 1, 2014.
Section 23153 of the Vehicle Code, as amended by
14Section 5 of Chapter 753 of the Statutes of 2012, is amended to
15read:
(a) It is unlawful for a person, while under the influence
17of any alcoholic beverage to drive a vehicle and concurrently do
18any act forbidden by law, or neglect any duty imposed by law in
19driving the vehicle, which act or neglect proximately causes bodily
20injury to any person other than the driver.
21(b) It is unlawful for a person, while having 0.08 percent or
22more, by weight, of alcohol in his or her blood to drive a vehicle
23and concurrently do any act forbidden by law, or neglect any duty
24imposed by law in driving the vehicle, which act or neglect
25proximately causes bodily injury to any person other than the
26driver.
27In any prosecution
under this subdivision, it is a rebuttable
28presumption that the person had 0.08 percent or more, by weight,
29of alcohol in his or her blood at the time of driving the vehicle if
30the person had 0.08 percent or more, by weight, of alcohol in his
31or her blood at the time of the performance of a chemical test
32within three hours after driving.
33(c) In proving the person neglected any duty imposed by law
34in driving the vehicle, it is not necessary to prove that any specific
35section of this code was violated.
36(d) It is unlawful for a person, while having 0.04 percent or
37more, by weight, of alcohol in his or her blood to drive a
38commercial motor vehicle, as defined in Section 15210, and
39concurrently to do any act forbidden by law or neglect any duty
40imposed by law in driving the vehicle,
which act or neglect
P4 1proximately causes bodily injury to any person other than the
2driver.
3In any prosecution under this subdivision, it is a rebuttable
4presumption that the person had 0.04 percent or more, by weight,
5of alcohol in his or her blood at the time of driving the vehicle if
6the person had 0.04 percent or more, by weight, of alcohol in his
7or her blood at the time of performance of a chemical test within
8three hours after driving.
9(e) It is unlawful for a person, while under the influence of any
10drug, to drive a vehicle and concurrently do any act forbidden by
11law, or neglect any duty imposed by law in driving the vehicle,
12which act or neglect proximately causes bodily injury to any person
13other than the driver.
14(f) It
is unlawful for a person to drive a vehicle if his or her
15blood contains anybegin delete detectable amount of aend delete drug classified in
16Schedule I, II, III, or IV under the California Uniform Controlled
17Substances Act (Division 10 (commencing with Section 11000)
18of the Health and Safety Code), unless the drug was consumed in
19accordance with a valid prescriptionbegin delete issued to the person by a begin insert. For purposes of this subdivision,
20licensed health care practitionerend delete
21“valid prescription” means a prescription that is issued for a
22legitimate medical purpose in the usual course of professional
23practice by a practitioner who has examined the patient or by a
24covering practitionerend insert.
25(g) It is unlawful for a person, while under the combined
26influence of any alcoholic beverage and drug, to drive a vehicle
27and concurrently do any act forbidden by law, or neglect any duty
28imposed by law in driving the vehicle, which act or neglect
29proximately causes bodily injury to any person other than the
30driver.
31(h) This section shall become operative on January 1, 2014.
No reimbursement is required by this act pursuant to
33Section 6 of Article XIII B of the California Constitution because
34the only costs that may be incurred by a local agency or school
35district will be incurred because this act creates a new crime or
36infraction, eliminates a crime or infraction, or changes the penalty
37for a crime or infraction, within the meaning of Section 17556 of
38the Government Code, or changes the definition of a crime within
P5 1the meaning of Section 6 of Article XIII B of the California
2Constitution.
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