Amended in Assembly May 27, 2016

Amended in Assembly April 25, 2016

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 and 23153 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 has 0.04 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 begin delete unlawful end delete begin insert unlawful, commencing July 1, 2018, end insert 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 begin delete unlawful end delete begin insert unlawful, commencing July 1, 2018, end insert 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. Because this bill would expand the application of a crime to more people, 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 delete (1) end delete begin delete   end delete 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 begin delete 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. 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 delete begin insert Section 15210. In a end insert begin insert 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. end insert

begin delete

(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.

end delete begin insert

(e) Commencing July 1, 2018, it shall be 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 is a
passenger in the vehicle at the time of the offense. For purposes
of this subdivision, “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. In a 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.

end insert begin delete

(e)

end delete

begin insert (f) end insert  It is unlawful for a person who is under the influence of any
drug to drive a vehicle.

begin delete

(f)

end delete

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

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 delete (1) end delete begin delete   end delete 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 begin delete 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, end delete begin insert Section 15210 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 delete 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 delete begin insert end insert begin insert In a end insert begin insert 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. end insert

begin delete

(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.

end delete begin insert

(e) Commencing July 1, 2018, it shall be unlawful for a person,
while having 0.04 percent or more, by weight, of alcohol in his or
her blood 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. For purposes of
this subdivision, “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. In a 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.

end insert begin delete

(e)

end delete

begin insert (f) end insert  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.

begin delete

(f)

end delete

begin insert (g) end insert  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.

SEC. 3.  

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.