BILL ANALYSIS Ó
AB 1829
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Date of Hearing: April 13, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
1829 (Levine) - As Amended March 17, 2016
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Urgency: No State Mandated Local Program: YesReimbursable:
Yes
SUMMARY:
This bill conforms advisement provisions of the Penal Code
related to boating under the influence, to existing provisions
in the Harbors and Navigation Code.
AB 1829
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FISCAL EFFECT:
This bill will result in additional cost to local law
enforcement agencies, but it is doubtful that the additional
notification will result in costs that exceed the minimal
threshold required to submit a mandates claim.
COMMENTS:
Background/Purpose. Current law, Harbors and Navigation Code,
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.
Currently, the Penal Code provides that an officer shall also
advise persons arrested for driving under the influence that he
or she does not have the right to have an attorney present
before stating whether he or she will submit to a test or tests,
before deciding which test or tests to take, or during
administration of the test or tests chosen, and that, in the
event of refusal to submit to a test or tests, the refusal may
be used against him or her in a court of law. However, these
provisions are not specifically cited in the Harbors and
Navigation Code.
AB1829 harmonizes two sections of the law as it pertains to
notification provided to individuals arrested for operating a
vehicle under the influence.
AB 1829
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Analysis Prepared by:Pedro Reyes / APPR. / (916)
319-2081