BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 539|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: AB 539
Author: Levine (D)
Introduced:2/23/15
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/9/15
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
ASSEMBLY FLOOR: 79-0, 4/16/15 - See last page for vote
SUBJECT: Search warrants
SOURCE: California State Sheriffs' Association
DIGEST: This bill authorizes the issuance of a search warrant
to compel a blood draw from a person suspected of operating a
boat while under the influence of alcohol or drugs.
ANALYSIS:
Existing law:
1)Provides that "the right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no warrants
shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be
searched and the persons or things to be seized." (4th
Amendment of the U.S. Constitution.)
2)Provides that "the right of the people to be secure in their
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persons, houses, papers and effects against unreasonable
seizures and searches may not be violated; and a warrant may
not be issued except on probable cause, supported by oath or
affirmation, particularly describing the place to be searched
and the persons and things to be seized." (Article I, Section
13 of the California Constitution.)
3)Provides that a search warrant may be issued upon specified
grounds including when a sample of blood would show evidence
of a DUI. (Penal Code § 1524(a).)
4)Prohibits a person from operating a vessel or manipulate water
skis, an aquaplane, or a similar device while under the
influence of an alcoholic beverage, any drug, or the combined
influence of an alcoholic beverage and any drug. (Harbors &
Navigations Code, § 655(b).)
5)Prohibits a person from operating any recreational vessel or
manipulating any water skis, aquaplane, or similar device if
the person has an alcohol concentration of 0.08 percent or
more in his or her blood. (Harbors & Navigations Code, § 655
(c).)
6)Prohibits a person from operating any vessel other than a
recreational vessel if the person has an alcohol concentration
of 0.04 percent or more in his or her blood. (Harbors &
Navigations Code, § 655(d).)
7)Permits that a peace officer who arrests a person for boating
under the influence to ask that person to submit to chemical
testing of his or her blood, breath, or urine for the purpose
of determining the drug or alcohol content of the blood.
(Harbors & Navigations Code, § 655.1.)
8)Provides "that in drunk-driving investigations, the natural
dissipation of alcohol in the bloodstream does not constitute
an exigency in every case sufficient to justify conducting a
blood test without a warrant. ... In those drunk-driving
investigations where police officers can reasonably obtain a
warrant before a blood sample can be drawn without
significantly undermining the efficacy of the search, the
Fourth Amendment mandates that they do so." (Missouri v.
McNeely (2013) 133 S. Ct. 1552)
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This bill:
1)Permits the issuance of a search warrant when all of the
following apply:
A blood sample constitutes evidence that tends to show a
violation of specified sections of the Harbors and
Navigation Code relating to the operation of a marine
vessel while under the influence of drugs or alcohol;
The person from whom the sample is being sought has
refused an officer's request to submit to, or has failed to
complete, a blood test; and,
The sample will be drawn from the person in a
reasonable, medically approved manner.
1)States that these provisions are not intended to abrogate the
court's duty to determine the propriety of issuing a search
warrant on a case-by-case basis.
Background
On April 17, 3013 the U.S. Supreme Court released its decision
on Missouri v. McNeely holding that "in drunk-driving
investigations, the natural dissipation of alcohol in the
bloodstream does not constitute an exigency in every case
sufficient to justify conducting a blood test without a
warrant." (Missouri v McNeely (2013) 133 S. Ct. 1552) At that
time California law only allowed a warrant to obtain evidence of
a felony, which causes a problem since most DUI convictions are
misdemeanors. In order to address the situation that may have
hindered the prosecution of DUIs, SB 717 (DeSaulnier), Chapter
317, Statutes 2013, was an urgency provision, that allowed a
warrant to issue for a blood draw in a DUI when the person
refuses to consent to the blood draw and when no exigent
circumstance exists. This bill also allows a warrant for a
person suspected of DUI while boating when the person refused to
submit to an officer's request to submit to a blood test and the
sample will be drawn in a reasonable medically approved manner.
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FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified 6/10/15)
California State Sheriffs' Association (source)
California Association of Harbor Masters and Port Captains
California District Attorneys Association
California State Lodge, Fraternal Order of Police
California Police Chiefs Association
California Yacht Brokers Association
Judicial Council of California
Long Beach Police Officers Association
Los Angeles County Professional Peace Officers Association
Marina Recreation Association
National Marine Manufacturers Association
Peace Officers Research Association of California
Recreational Boaters of California
Sacramento County Deputy Sheriffs' Association
Worldwide Boaters Safety Group
OPPOSITION: (Verified 6/10/15)
Taxpayers for Improving Public Safety
ASSEMBLY FLOOR: 79-0, 4/16/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,
Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Perea, Rendon, Ridley-Thomas, Rodriguez, Salas,
Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner,
Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Quirk
Prepared by:Mary Kennedy / PUB. S. /
6/10/15 13:38:00
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