BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 539|
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                                   THIRD READING 


          Bill No:  AB 539
          Author:   Levine (D)
          Amended:  6/23/15 in Senate 
          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. 
           
           Senate Floor Amendments of 6/23/15 are double-jointing  
          amendments to prevent chaptering problems between this bill and  
          AB 1104 (Rodriguez).
           
           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  








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            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  
            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  







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            significantly undermining the efficacy of the search, the  
            Fourth Amendment mandates that they do so." (Missouri v.  
            McNeely (2013) 133 S. Ct. 1552)

          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. 

          2)Contains double-jointing amendments to prevent chaptering  
            problems between this bill and AB 1104 (Rodriguez).

          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  







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          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 would also allow 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.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No

          SUPPORT:   (Verified 6/23/15)

          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 6/23/15)

          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,  







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            Waldron, Weber, Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Quirk

          Prepared by:Mary Kennedy / PUB. S. / 
          6/25/15 8:57:23


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