BILL ANALYSIS                                                                                                                                                                                                    



                                                                     AB 539


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          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