California Legislature—2015–16 Regular Session

Assembly Bill No. 2687

Introduced by Assembly Members Achadjian, Low, and Chang

February 19, 2016

An act to amend Sections 23152, 23153, and 23572 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 2687, as introduced, Achadjian. Vehicles: passenger for hire: driving under the influence.

Existing law makes it unlawful for a person who is under the influence of any alcoholic beverage or drug to drive a vehicle. Existing law makes it unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined. Existing law also makes it unlawful for a person who has 0.05 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle and concurrently do any act forbidden by law or neglect any duty imposed by law that proximately causes bodily injury to another person other than the driver.

This bill would make it unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire, as defined, is a passenger in the vehicle at the time of the offense. The bill would also make it unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle, as specified, and concurrently do any act or neglect any duty that proximately causes bodily injury to another person other than the driver. The bill would require the court to impose an additional and consecutive term of 60 days in county jail, as specified, when a person is convicted of having 0.04 percent or more of alcohol in his or her blood and driving a motor vehicle with a passenger for hire. Because this bill would create a new crime, it would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 23152 of the Vehicle Code is amended
to read:

23152.  

(a) It is unlawful for a person who is under the
influence of any alcoholic beverage to drive a vehicle.

(b) It is unlawful for a person who has 0.08 percent or more, by
weight, of alcohol in his or her blood to drive a vehicle.

For purposes of this article and Section 34501.16, percent, by
weight, of alcohol in a person’s blood is based upon grams of
alcohol per 100 milliliters of blood or grams of alcohol per 210
liters of breath.

In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 0.08 percent or more, by weight,
of alcohol in his or her blood at the time of driving the vehicle if
the person had 0.08 percent or more, by weight, of alcohol in his
or her blood at the time of the performance of a chemical test
within three hours after the driving.

(c) It is unlawful for a person who is addicted to the use of any
drug to drive a vehicle. This subdivision shall not apply to a person
who is participating in a narcotic treatment program approved
pursuant to Article 3 (commencing with Section 11875) of Chapter
1 of Part 3 of Division 10.5 of the Health and Safety Code.

(d)  begin insert (1) end insert begin insert   end insert It is unlawful for a person who has 0.04 percent or more,
by weight, of alcohol in his or her blood to drive a commercial
motor vehicle, as defined in Section begin delete 15210. end delete begin insert 15210, or to drive a
motor vehicle when a passenger for hire is a passenger in the
vehicle at the time of the offense. A passenger for hire means a
passenger for whom consideration is contributed or expected as
a condition of carriage in the vehicle, whether directly or indirectly
flowing to the owner, operator, agent, or any other person having
an interest in the vehicle. end insert

begin insert (2) end insert begin insert   end insert In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 0.04 percent or more, by weight,
of alcohol in his or her blood at the time of driving the vehicle if
the person had 0.04 percent or more, by weight, of alcohol in his
or her blood at the time of the performance of a chemical test
within three hours after the driving.

(e) It is unlawful for a person who is under the influence of any
drug to drive a vehicle.

(f) It is unlawful for a person who is under the combined
influence of any alcoholic beverage and drug to drive a vehicle.

begin delete

(g) This section shall become operative on January 1, 2014.

end delete

SEC. 2.  

Section 23153 of the Vehicle Code is amended to read:

23153.  

(a) It is unlawful for a person, while under the influence
of any alcoholic beverage to drive a vehicle and concurrently do
any act forbidden by law, or neglect any duty imposed by law in
driving the vehicle, which act or neglect proximately causes bodily
injury to any person other than the driver.

(b) It is unlawful for a person, while having 0.08 percent or
more, by weight, of alcohol in his or her blood to drive a vehicle
and concurrently do any act forbidden by law, or neglect any duty
imposed by law in driving the vehicle, which act or neglect
proximately causes bodily injury to any person other than the
driver.

In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 0.08 percent or more, by weight,
of alcohol in his or her blood at the time of driving the vehicle if
the person had 0.08 percent or more, by weight, of alcohol in his
or her blood at the time of the performance of a chemical test
within three hours after driving.

(c) In proving the person neglected any duty imposed by law
in driving the vehicle, it is not necessary to prove that any specific
section of this code was violated.

(d)  begin insert (1) end insert begin insert   end insert It is unlawful for a person, while having 0.04 percent
or more, by weight, of alcohol in his or her blood to drive a
commercial motor vehicle, as defined in Section 15210, begin insert or to drive
a motor vehicle when a passenger for hire is a passenger in the
vehicle at the time of the offense, end insert and concurrently to do any act
forbidden by law or neglect any duty imposed by law in driving
the vehicle, which act or neglect proximately causes bodily injury
to any person other than the driver. begin insert A passenger for hire means a
passenger for whom consideration is contributed or expected as
a condition of carriage in the vehicle, whether directly or indirectly
flowing to the owner, operator, agent, or any other person having
an interest in the vehicle. end insert

begin insert (2) end insert begin insert   end insert In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 0.04 percent or more, by weight,
of alcohol in his or her blood at the time of driving the vehicle if
the person had 0.04 percent or more, by weight, of alcohol in his
or her blood at the time of performance of a chemical test within
three hours after driving.

(e) It is unlawful for a person, while under the influence of any
drug, to drive a vehicle and concurrently do any act forbidden by
law, or neglect any duty imposed by law in driving the vehicle,
which act or neglect proximately causes bodily injury to any person
other than the driver.

(f) It is unlawful for a person, while under the combined
influence of any alcoholic beverage and drug, to drive a vehicle
and concurrently do any act forbidden by law, or neglect any duty
imposed by law in driving the vehicle, which act or neglect
proximately causes bodily injury to any person other than the
driver.

(g) This section shall become operative on January 1, 2014.

SEC. 3.  

Section 23572 of the Vehicle Code is amended to read:

23572.  

(a) If any person is convicted of a violation of Section
23152 and a minor under 14 years of age was a passenger in the
vehicle at the time of the offense, the court shall impose the
following penalties in addition to any other penalty prescribed:

(1) If the person is convicted of a violation of Section 23152
punishable under Section 23536, the punishment shall be enhanced
by an imprisonment of 48 continuous hours in the county jail,
whether or not probation is granted, no part of which shall be
stayed.

(2) If a person is convicted of a violation of Section 23152
punishable under Section 23540, the punishment shall be enhanced
by an imprisonment of 10 days in the county jail, whether or not
probation is granted, no part of which may be stayed.

(3) If a person is convicted of a violation of Section 23152
punishable under Section 23546, the punishment shall be enhanced
by an imprisonment of 30 days in the county jail, whether or not
probation is granted, no part of which may be stayed.

(4) If a person is convicted of a violation of Section 23152 which
is punished as a misdemeanor under Section 23550, the punishment
shall be enhanced by an imprisonment of 90 days in the county
jail, whether or not probation is granted, no part of which may be
stayed.

(b) The driving of a vehicle in which a minor under 14 years of
age was a passenger shall be pled and proven.

(c) No punishment enhancement shall be imposed pursuant to
this section if the person is also convicted of a violation of Section
273a of the Penal Code arising out of the same facts and incident.

begin insert

(d) If any person is convicted of a violation of Section 23152
or 23153, and a passenger for hire was a passenger in the vehicle
at the time of the offense, the court shall impose an additional and
consecutive term of 60 days in the county jail, whether or not
probation is granted, and no part of that term shall be stayed. A
passenger for hire means a passenger for whom consideration is
contributed or expected as a condition of carriage in the vehicle,
whether directly or indirectly flowing to the owner, operator, agent,
or any other person having an interest in the vehicle.

end insert

SEC. 4.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.