BILL ANALYSIS Ó
AB 539
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
539 (Levine)
As Amended June 23, 2015
Majority vote
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|ASSEMBLY: | 79-0 | (April 16, |SENATE: | 38-0 | (June 25, 2015) |
| | |2015) | | | |
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Original Committee Reference: PUB. S.
SUMMARY: 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.
The Senate amendments double join this bill with AB 1104
(Rodriguez) of the current legislative session, to avoid
chaptering out issues.
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.
2)Defines a "search warrant" as a written order in the name of
the people, signed by a magistrate and directed to a peace
officer, commanding him or her to search for a person or
persons, a thing or things, or personal property, and in the
case of a thing or things or personal property, bring the same
before the magistrate.
3)States that a search warrant may be issued upon any of the
following grounds:
a) When the property was stolen or embezzled.
b) When the property or things were used as the means of
committing a felony.
c) When the property or things are in the possession of any
person with the intent to use them as a means of committing
a public offense, or in the possession of another to whom
he or she may have delivered them for the purpose of
concealing them or preventing them from being discovered.
d) When the property or things to be seized consist of any
item or constitute any evidence that tends to show a felony
has been committed, or tends to show that a particular
person has committed a felony.
e) When the property or things to be seized consist of
evidence that tends to show that sexual exploitation of a
child, or possession of matter depicting sexual conduct of
a person under the age of 18 years, has occurred or is
occurring.
f) When there is a warrant to arrest a person.
g) When a provider of electronic communication service or
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remote computing service has records or evidence, showing
that property was stolen or embezzled constituting a
misdemeanor, or that property or things are in the
possession of any person with the intent to use them as a
means of committing a misdemeanor public offense, or in the
possession of another to whom he or she may have delivered
them for the purpose of concealing them or preventing their
discovery.
h) When a provider of electronic communication service or
remote computing service has records or evidence showing
that property was stolen or embezzled constituting a
misdemeanor, or that property or things are in the
possession of any person with the intent to use them as a
means of committing a misdemeanor public offense, or in the
possession of another to whom he or she may have delivered
them for the purpose of concealing them or preventing their
discovery.
i) When the property or things to be seized include an item
or any evidence that tends to show a violation of the Labor
Code, as specified.
j) When the property or things to be seized include a
firearm or any other deadly weapon at the scene of, or at
the premises occupied or under the control of the person
arrested in connection with, a domestic violence incident
involving a threat to human life or a physical assault.
aa) When the property or things to be seized include a
firearm or any other deadly weapon that is owned by, or in
the possession of, or in the custody or control of, a
person described in Welfare and Institutions Code Section
8102(a).
bb) When the property or things to be seized include a
firearm that is owned by, or in the possession of, or in
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the custody or control of, a person who is subject to the
prohibitions regarding firearms under specified provisions
of the Family Code.
cc) When the information to be received from the use of a
tracking device constitutes evidence that tends to show
that either a felony or a misdemeanor violation of the Fish
and Game Code, or a misdemeanor violation of the Public
Resources Code.
dd) When a sample of the blood of a person constitutes
evidence that tends to show a violation of misdemeanor
driving under the influence and 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.
ee) When the property or things to be seized are firearms or
ammunition or both that are owned by, in the possession of,
or in the custody or control of a person who is the subject
of a gun violence re straining order. This final provision
does not go into effect until January 1, 2016.
4)Provides that a search warrant cannot be issued but upon
probable cause, supported by affidavit, naming or describing
the person to be searched or searched for, and particularly
describing the property, thing, or things and the place to be
searched.
5)Requires a magistrate to issue a search warrant if he or she
is satisfied of the existence of the grounds of the
application or that there is probable cause to believe their
existence.
6)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.
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7)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% or more in
his or her blood.
8)Prohibits a person from operating any vessel other than a
recreational vessel if the person has an alcohol concentration
of 0.04% or more in his or her blood.
9)Authorizes 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.
AS PASSED BY THE ASSEMBLY, this bill:
1)Permitted the issuance of a search warrant when all of the
following apply:
a) 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;
b) 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,
c) The sample will be drawn from the person in a
reasonable, medically approved manner.
2)Stated 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.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
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COMMENTS: According to the author, "AB 539 reasonably brings
boating laws in line with DUI laws, and provides law enforcement
with the proper tools to investigate and prosecute those boating
under the influence."
Analysis Prepared by:
Sandy Uribe / PUB. S. / (916) 319-3744 FN:
0001080