BILL NUMBER: AB 2687 INTRODUCED
BILL TEXT
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) (1) 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
15210. 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.
(2) 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.
(g) This section shall become operative on January 1, 2014.
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) (1) 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, or to drive a motor vehicle when a passenger for hire is
a passenger in the vehicle at the time of the offense,
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.
A passenger for hi re 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.
(2) 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.
(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.
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.