BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 2687 (Achadjian) - Vehicles: passenger for hire: driving under the influence ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: May 27, 2016 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 1, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 2687 would make it unlawful, commencing July 1, 2018, for a person to drive a motor vehicle with a blood alcohol level of 0.04 percent or more when a passenger for hire, as defined, is in his or her vehicle. Fiscal Impact: State prisons : Potentially significant increase in state costs (General Fund) for new commitments to state prison to the extent the more stringent blood alcohol content (BAC) level results in additional felony convictions to state prison. The CDCR indicates over 1,700 commitments in 2015 under the applicable DUI offenses. The number of additional commitments resulting from the bill cannot be known with certainty. For every one percent increase in annual commitments, costs are estimated at $500,000 (General Fund) assuming the contract bed rate of $29,000 per year. County jails : Potentially significant increase in local costs (Local Funds) for additional misdemeanor convictions that AB 2687 (Achadjian) Page 1 of ? result in a greater number of sentences to county jail. The DMV data indicates nearly 118,000 convictions in 2015 for the DUI offenses applicable to this measure. Even a one percent increase in convictions would result in a significant impact to local jails. DMV : Minor one-time costs of less than $50,000 (Special Fund*) for programming changes necessitated by the bill. CHP : Minor costs to train officers on the new standard, and no anticipated additional costs for equipment. *Motor Vehicle Account Background: Existing law provides that it is unlawful for any person while having 0.08 percent or more, by weight, of alcohol in his or her blood, to drive a vehicle. (Vehicle Code (VC) § 23152(b).) Existing law additionally provides that 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. (VC § 25152 (d).) Under existing law, a "commercial motor vehicle" is defined 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 double trailer. 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. A schoolbus. A tank vehicle. A vehicle carrying hazardous materials, as specified. (VC § 15278.) This bill seeks to hold drivers for ride sharing services (Uber, Lyft) and taxi drivers that are currently governed by the 0.08 percent BAC limit, to the stricter 0.04 percent BAC limit currently imposed on drivers of commercial vehicles. Proposed Law: AB 2687 (Achadjian) Page 2 of ? 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 is a passenger in the vehicle at the time of the offense. This bill: Makes it unlawful for a person, while having a 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. 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. Provides in a prosecution under the provisions of this bill, 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. Commences implementation of the bill's provisions on July 1, 2018. Related Legislation: None known. Staff Comments: By revising the BAC limit from 0.08 percent to 0.04 percent for drivers with a "passenger for hire" in their vehicles, this bill could result in a greater number of AB 2687 (Achadjian) Page 3 of ? individuals potentially violating the driving under the influence (DUI) statutes, resulting in an increase in arrests and convictions for DUI offenses. To the extent lowering the BAC level at which driving is considered lawful, this bill could lead to additional arrests and subsequent convictions for DUI offenses, and could result in additional costs for state and local incarceration of an unknown, but potentially significant amount. The DMV has indicated any costs for programming are estimated to be minor and absorbable within existing resources given the 18-month delay prior to implementation on July 1, 2018, of the revised BAC standard for specified drivers. -- END --