BILL ANALYSIS Ó
AB 2687
Page 1
ASSEMBLY THIRD READING
AB
2687 (Achadjian, et al.)
As Amended May 27, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |7-0 |Jones-Sawyer, | |
| | |Melendez, Lackey, | |
| | |Lopez, Low, Quirk, | |
| | |Santiago | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |20-0 |Gonzalez, Bigelow, | |
| | |Bloom, Bonilla, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Roger | |
| | |Hernández, Holden, | |
| | |Jones, Obernolte, | |
| | |Quirk, Santiago, | |
| | |Wagner, Weber, Wood | |
| | | | |
| | | | |
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AB 2687
Page 2
SUMMARY: Conforms prohibitions and punishments for drivers that
have passengers for hire when they commit specified offenses
related to Driving Under the Influence (DUI) consistent with
commercial driver DUI standards, effective July 1, 2018.
Specifically, this bill:
1)Makes it unlawful for a person who has 0.04% 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, effective July 1, 2018.
2)Specifies that it is unlawful for a person who has 0.04% 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, effective July 1, 2018.
3)Defines "passenger for hire" as "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."
EXISTING LAW:
1)It is unlawful for a person who is under the influence of any
alcoholic beverage to drive a vehicle.
2)It is unlawful for a person who has 0.08% or more, by weight,
of alcohol in his or her blood to drive a vehicle.
3)In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 0.08% or more, by weight, of
alcohol in his or her blood at the time of driving the vehicle
if the person had 0.08% 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.
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4)It is unlawful for a person who is addicted to the use of any
drug to drive a vehicle.
5)It is unlawful for a person who has 0.04% or more, by weight,
of alcohol in his or her blood to drive a commercial motor
vehicle, as defined in Section 15210.
6)In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 0.04% or more, by weight, of
alcohol in his or her blood at the time of driving the vehicle
if the person had 0.04% 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.
7)It is unlawful for a person who is under the influence of any
drug to drive a vehicle.
8)It is unlawful for a person who is under the combined
influence of any alcoholic beverage and drug to drive a
vehicle.
9)If any person is convicted of a violation of Vehicle Code
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:
a) 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
AB 2687
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part of which shall be stayed;
b) 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.
c) 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.
d) 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.
10)Defines "commercial motor vehicle" as any vehicle or
combination of vehicles that requires a class A or class B
license, or a class C license with an endorsement issued for
the following vehicles:
a) A double trailer;
b) A passenger transportation vehicle, which includes, but
is not limited to, a bus, farm labor vehicle, or general
public paratransit vehicle when designed, used, or
maintained to carry more than 10 persons including the
driver;
c) A schoolbus.
d) A tank vehicle; and
AB 2687
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e) A vehicle carrying hazardous materials, as defined, that
is required to display placards pursuant to Section 27903,
unless the driver is exempt from the endorsement
requirement as specified.
11)Defines "charter party carriers of passengers" as "every
person engaged in the transportation of person by motor
vehicle for compensation, as specified, over any public
highway in the state."
FISCAL
EFFECT: According to the Assembly Appropriations Committee,
unknown nonreimbursable costs to cities and counties for
enforcement and possible incarceration, offset to some extent by
fine revenues.
COMMENTS: According to the author, "When the San Luis Obispo
County District Attorney's office was prosecuting a case
involving two passenger for hire drivers, they found that the
Blood Alcohol Content (BAC) level for passenger for hire
vehicles was inconsistent with other commercial vehicles.
Existing law states that the BAC level for commercial vehicles,
which includes public transportation such as buses, is .04 while
current law for drivers of passenger for hire vehicles is .08.
This legislation would hold the drivers of passenger for hire
vehicles to the strictest standard and ensure passenger and
pedestrian safety."
Analysis Prepared by:
David Billingsley / PUB. S. / (916) 319-3744
FN: 0003171
AB 2687
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