Amended in Assembly April 25, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2687


Introduced by Assembly Members Achadjian, Low, and Chang

February 19, 2016


An act to amend Sectionsbegin delete 23152, 23153, and 23572end deletebegin insert 23152 and 23153end insert of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 2687, as amended, 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 hasbegin delete 0.05end deletebegin insert 0.04end insert 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.begin delete 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.end deletebegin insert Because this bill would expand the application of a crime to more people, it would impose a state-mandated local program.end insert

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:

P2    1

SECTION 1.  

Section 23152 of the Vehicle Code is amended
2to read:

3

23152.  

(a) It is unlawful for a person who is under the
4influence of any alcoholic beverage to drive a vehicle.

5(b) It is unlawful for a person who has 0.08 percent or more, by
6weight, of alcohol in his or her blood to drive a vehicle.

7For purposes of this article and Section 34501.16, percent, by
8weight, of alcohol in a person’s blood is based upon grams of
9alcohol per 100 milliliters of blood or grams of alcohol per 210
10liters of breath.

11In any prosecution under this subdivision, it is a rebuttable
12presumption that the person had 0.08 percent or more, by weight,
13of alcohol in his or her blood at the time of driving the vehicle if
14the person had 0.08 percent or more, by weight, of alcohol in his
15or her blood at the time of the performance of a chemical test
16within three hours after the driving.

17(c) It is unlawful for a person who is addicted to the use of any
18drug to drive a vehicle. This subdivision shall not apply to a person
19who is participating in a narcotic treatment program approved
20pursuant to Article 3 (commencing with Section 11875) of Chapter
211 of Part 3 of Division 10.5 of the Health and Safety Code.

22(d) (1) It is unlawful for a person who has 0.04 percent or more,
23by weight, of alcohol in his or her blood to drive a commercial
24motor vehicle, as defined in Section 15210, or to drive a motor
P3    1vehicle when a passenger for hire is a passenger in the vehicle at
2 the time of the offense. A passenger for hire means a passenger
3for whom consideration is contributed or expected as a condition
4of carriage in the vehicle, whether directly or indirectly flowing
5to the owner, operator, agent, or any other person having an interest
6in the vehicle.

7(2) In any prosecution under this subdivision, it is a rebuttable
8presumption that the person had 0.04 percent or more, by weight,
9of alcohol in his or her blood at the time of driving the vehicle if
10the person had 0.04 percent or more, by weight, of alcohol in his
11or her blood at the time of the performance of a chemical test
12within three hours after the driving.

13(e) It is unlawful for a person who is under the influence of any
14drug to drive a vehicle.

15(f) It is unlawful for a person who is under the combined
16influence of any alcoholic beverage and drug to drive a vehicle.

17

SEC. 2.  

Section 23153 of the Vehicle Code is amended to read:

18

23153.  

(a) It is unlawful for a person, while under the influence
19of any alcoholicbegin delete beverageend deletebegin insert beverage,end insert to drive a vehicle and
20concurrently do any act forbidden by law, or neglect any duty
21imposed by law in driving the vehicle, which act or neglect
22proximately causes bodily injury to any person other than the
23driver.

24(b) It is unlawful for a person, while having 0.08 percent or
25more, by weight, of alcohol in his or her blood to drive a vehicle
26and concurrently do any act forbidden by law, or neglect any duty
27imposed by law in driving the vehicle, which act or neglect
28proximately causes bodily injury to any person other than the
29driver.

30In any prosecution under this subdivision, it is a rebuttable
31presumption that the person had 0.08 percent or more, by weight,
32of alcohol in his or her blood at the time of driving the vehicle if
33the person had 0.08 percent or more, by weight, of alcohol in his
34or her blood at the time of the performance of a chemical test
35within three hours after driving.

36(c) In proving the person neglected any duty imposed by law
37in driving the vehicle, it is not necessary to prove that any specific
38section of this code was violated.

39(d) (1) It is unlawful for a person, while having 0.04 percent
40or more, by weight, of alcohol in his or her blood to drive a
P4    1commercial motor vehicle, as defined in Section 15210, or to drive
2a motor vehicle when a passenger for hire is a passenger in the
3 vehicle at the time of the offense, and concurrently to do any act
4forbidden by law or neglect any duty imposed by law in driving
5the vehicle, which act or neglect proximately causes bodily injury
6to any person other than the driver. A passenger for hire means a
7passenger for whom consideration is contributed or expected as a
8condition of carriage in the vehicle, whether directly or indirectly
9flowing to the owner, operator, agent, or any other person having
10an interest in the vehicle.

11(2) In any prosecution under this subdivision, it is a rebuttable
12presumption that the person had 0.04 percent or more, by weight,
13of alcohol in his or her blood at the time of driving the vehicle if
14the person had 0.04 percent or more, by weight, of alcohol in his
15or her blood at the time of performance of a chemical test within
16three hours after driving.

17(e) It is unlawful for a person, while under the influence of any
18drug, to drive a vehicle and concurrently do any act forbidden by
19law, or neglect any duty imposed by law in driving the vehicle,
20which act or neglect proximately causes bodily injury to any person
21other than the driver.

22(f) It is unlawful for a person, while under the combined
23influence of any alcoholic beverage and drug, to drive a vehicle
24and concurrently do any act forbidden by law, or neglect any duty
25imposed by law in driving the vehicle, which act or neglect
26proximately causes bodily injury to any person other than the
27driver.

begin delete

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

end delete
begin delete
29

SEC. 3.  

Section 23572 of the Vehicle Code is amended to read:

30

23572.  

(a) If any person is convicted of a violation of Section
3123152 and a minor under 14 years of age was a passenger in the
32vehicle at the time of the offense, the court shall impose the
33following penalties in addition to any other penalty prescribed:

34(1) If the person is convicted of a violation of Section 23152
35punishable under Section 23536, the punishment shall be enhanced
36by an imprisonment of 48 continuous hours in the county jail,
37whether or not probation is granted, no part of which shall be
38stayed.

39(2) If a person is convicted of a violation of Section 23152
40punishable under Section 23540, the punishment shall be enhanced
P5    1by an imprisonment of 10 days in the county jail, whether or not
2probation is granted, no part of which may be stayed.

3(3) If a person is convicted of a violation of Section 23152
4punishable under Section 23546, the punishment shall be enhanced
5by an imprisonment of 30 days in the county jail, whether or not
6probation is granted, no part of which may be stayed.

7(4) If a person is convicted of a violation of Section 23152 which
8is punished as a misdemeanor under Section 23550, the punishment
9shall be enhanced by an imprisonment of 90 days in the county
10jail, whether or not probation is granted, no part of which may be
11stayed.

12(b) The driving of a vehicle in which a minor under 14 years of
13age was a passenger shall be pled and proven.

14(c) No punishment enhancement shall be imposed pursuant to
15this section if the person is also convicted of a violation of Section
16273a of the Penal Code arising out of the same facts and incident.

17(d) If any person is convicted of a violation of Section 23152
18or 23153, and a passenger for hire was a passenger in the vehicle
19at the time of the offense, the court shall impose an additional and
20consecutive term of 60 days in the county jail, whether or not
21probation is granted, and no part of that term shall be stayed. A
22passenger for hire means a passenger for whom consideration is
23contributed or expected as a condition of carriage in the vehicle,
24whether directly or indirectly flowing to the owner, operator, agent,
25or any other person having an interest in the vehicle.

end delete
26

begin deleteSEC. 4.end delete
27
begin insertSEC. 3.end insert  

No reimbursement is required by this act pursuant to
28Section 6 of Article XIII B of the California Constitution because
29the only costs that may be incurred by a local agency or school
30district will be incurred because this act creates a new crime or
31infraction, eliminates a crime or infraction, or changes the penalty
32for a crime or infraction, within the meaning of Section 17556 of
33the Government Code, or changes the definition of a crime within
34the meaning of Section 6 of Article XIII B of the California
35Constitution.



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