BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 539| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 539 Page 2 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) AB 539 Page 3 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. AB 539 Page 4 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 AB 539 Page 5 **** END ****