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
          
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          |Version: May 27, 2016           |Policy Vote: PUB. S. 7 - 0      |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: August 1, 2016    |Consultant: Jolie Onodera       |
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          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  







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            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:  








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           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  








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          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.




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