Amended in Assembly March 15, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2740

Introduced by Assembly Members begin delete Lackey and Low end delete begin insert Low and Lackey end insert

February 19, 2016

An act to amend begin delete Section 236.1 of the Penal Code, relating to human trafficking. end delete begin insert Sections 23152 and 23153 of the Vehicle Code, relating to vehicles. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2740, as amended, begin delete Lackey end delete   begin insert Low end insert . begin delete Human trafficking. end delete begin insert Driving under the influence: Tetrahydrocannabinol standard. end insert

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Existing law prohibits a person who has 0.08% or more, by weight, of alcohol in his or her blood from driving a vehicle. Existing law also prohibits a person, while having 0.08% or more, by weight, of alcohol in his or her blood, from driving a vehicle and concurrently doing any act forbidden by law, or neglecting any duty imposed by law in driving the vehicle, when the act or neglect proximately causes bodily injury to a person other than the driver. Existing law establishes a rebuttable presumption for each of those offenses 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 3 hours after the driving.

end insert begin insert

This bill would make it an offense for a person who has 5 ng/ml or more of delta 9-tetrahydrocannabinol in his or her blood to drive a vehicle. The bill would also make it an offense for a person, while having 5 ng/ml or more of delta 9-tetrahydrocannabinol 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, when the act or neglect proximately causes bodily injury to a person other than the driver. The bill would establish a rebuttable presumption for each of those offenses that the person had 5 ng/ml or more of delta 9-tetrahydrocannabinol in his or her blood at the time of driving the vehicle if the person had 5 ng/ml or more of delta 9-tetrahydrocannabinol in his or her blood at the time of the performance of a chemical test within 2 hours of the driving. The bill would also require corroborating evidence, as specified, in addition to a level of 5 ng/ml or more of delta 9-tetrahydrocannabinol in the driver’s blood, for a conviction for either of those offenses. The bill would make additional technical, nonsubstantive changes.

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By changing the definitions of existing crimes, this bill would impose a state-mandated local program.

end insert begin 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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

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Existing law, as amended by Proposition 35, an initiative measure approved by the voters at the November 6, 2012, statewide general election, makes it a crime to deprive or violate another person’s personal liberty with the intent to obtain forced labor or services. Existing law also makes it a crime to deprive or violate another person’s personal liberty for the purpose of prostitution or sexual exploitation. Proposition 35 provides that it may be amended by a statute in furtherance of its objectives by a majority of the membership of each house of the Legislature concurring.

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This bill would make technical, nonsubstantive changes to that provision.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 23152 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

23152.  

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

(b)  begin insert (1) end insert begin insert   end insert 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.

begin delete

For

end delete

begin insert (2) end insert begin insert   end insert begin insert For end insert 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.

begin delete

In

end delete

begin insert (3) end insert begin insert   end insert begin insert In end insert 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 begin delete 11875) end delete begin insert 11876) end insert
of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety
Code.

(d)  begin insert (1) end insert begin insert   end insert 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 Section 15210.

begin delete

In

end delete

begin insert (2) end insert begin insert   end insert begin insert In end insert 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.

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

begin insert

(f) (1) It is unlawful for a person who has 5 ng/ml or more of
delta 9-tetrahydrocannabinol in his or her blood to drive a vehicle.

end insert begin insert

(2) In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 5 ng/ml or more of delta
9-tetrahydrocannabinol in his or her blood at the time of driving
the vehicle if the person had 5 ng/ml or more of delta
9-tetrahydrocannabinol in his or her blood at the time of the
performance of a chemical test within two hours after the driving.

end insert begin insert

(3) A person may not be convicted of the offense described in
this subdivision based solely on the blood test described in
paragraph (2). Corroborating evidence independent of the blood
test that the person’s physical or mental ability to drive a vehicle
has been impaired is required for conviction, and may include,
but is not limited to, mental or physical signs of impairment, poor
performance on one or more field sobriety tests, unsafe or
inattentive driving, incriminating statements by the person, or
testimony of other witnesses about the person’s driving or sobriety.

end insert 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.

begin delete

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

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 23153 of the end insert begin insert Vehicle Code end insert begin insert is amended to read: end insert

23153.  

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

(b)  begin insert (1) end insert begin insert   end insert It is unlawful for a person, while having 0.08 percent
or more, by weight, of alcohol in his or her begin delete blood end delete begin insert blood, end insert to drive
a vehicle and concurrently do any act forbidden by law, or neglect
any duty imposed by law in driving the vehicle, begin delete which end delete begin insert when the end insert
act or neglect proximately causes bodily injury to begin delete any end delete begin insert a end insert person
other than the driver.

begin delete

In

end delete

begin insert (2) end insert begin insert   end insert begin insert In end insert 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 insert (1) end insert begin insert   end insert It is unlawful for a person, while having 0.04 percent
or more, by weight, of alcohol in his or her begin delete blood end delete begin insert blood, end insert to drive
a commercial motor vehicle, as defined in Section 15210, and
concurrently to do any act forbidden by begin delete law end delete begin insert law, end insert or neglect any
duty imposed by law in driving the vehicle, begin delete which end delete begin insert when the end insert act or
neglect proximately causes bodily injury to begin delete any end delete begin insert a end insert person other
than the driver.

begin delete

In

end delete

begin insert (2) end insert begin insert   end insert begin insert In end insert 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.

(e) 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,
begin delete which end delete begin insert when the end insert act or neglect proximately causes bodily injury to
begin delete any end delete begin insert a end insert person other than the driver.

begin insert

(f) (1) It is unlawful for a person, while having 5 ng/ml or more
of delta 9-tetrahydrocannabinol 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, when the act or
neglect proximately causes bodily injury to a person other than
the driver.

end insert begin insert

(2) In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 5 ng/ml or more of delta
9-tetrahydrocannabinol in his or her blood at the time of driving
the vehicle if the person had 5 ng/ml or more of delta
9-tetrahydrocannabinol in his or her blood at the time of the
performance of a chemical test within two hours after the driving.

end insert begin insert

(3) A person may not be convicted of the offense described in
this subdivision based solely on the blood test described in
paragraph (2). Corroborating evidence independent of the blood
test that the person’s physical or mental ability to drive a vehicle
has been impaired is required for conviction, and may include,
but is not limited to, mental or physical signs of impairment, poor
performance on one or more field sobriety tests, unsafe or
inattentive driving, incriminating statements by the person, or
testimony of other witnesses about the person’s driving or sobriety.

end insert 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, begin delete which end delete begin insert when the end insert act or
neglect proximately causes bodily injury to begin delete any end delete begin insert a end insert person other
than the driver.

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

end delete

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

Section 236.1 of the Penal Code is amended to
read:

236.1.  

(a) A person who deprives or violates the personal
liberty of another with the intent to obtain forced labor or services,
is guilty of human trafficking and shall be punished by
imprisonment in the state prison for 5, 8, or 12 years and a fine of
not more than five hundred thousand dollars ($500,000).

(b) A person who deprives or violates the personal liberty of
another with the intent to effect or maintain a violation of Section
266, 266h, 266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5,
311.6, or 518 is guilty of human trafficking and shall be punished
by imprisonment in the state prison for 8, 14, or 20 years and a
fine of not more than five hundred thousand dollars ($500,000).

(c) A person who causes, induces, or persuades, or attempts to
cause, induce, or persuade, a person who is a minor at the time of
commission of the offense to engage in a commercial sex act, with
the intent to effect or maintain a violation of Section 266, 266h,
266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, or 518
is guilty of human trafficking. A violation of this subdivision is
punishable by imprisonment in the state prison as follows:

(1) Five, 8, or 12 years and a fine of not more than five hundred
thousand dollars ($500,000).

(2) Fifteen years to life and a fine of not more than five hundred
thousand dollars ($500,000) when the offense involves force, fear,
fraud, deceit, coercion, violence, duress, menace, or threat of
unlawful injury to the victim or to another person.

(d) In determining whether a minor was caused, induced, or
persuaded to engage in a commercial sex act, the totality of the
circumstances, including the age of the victim, his or her
relationship to the trafficker or agents of the trafficker, and any
handicap or disability of the victim, shall be considered.

(e) Consent by a victim of human trafficking who is a minor at
the time of the commission of the offense is not a defense to a
criminal prosecution under this section.

(f) Mistake of fact as to the age of a victim of human trafficking
who is a minor at the time of the commission of the offense is not
a defense to a criminal prosecution under this section.

(g) The Legislature finds that the definition of human trafficking
in this section is equivalent to the federal definition of a severe
form of trafficking found in Section 7102(9) of Title 22 of the
United States Code.

(h) For purposes of this chapter, the following definitions apply:

(1) “Coercion” includes a scheme, plan, or pattern intended to
cause a person to believe that failure to perform an act would result
in serious harm to or physical restraint against any person; the
abuse or threatened abuse of the legal process; debt bondage; or
providing and facilitating the possession of a controlled substance
to a person with the intent to impair the person’s judgment.

(2) “Commercial sex act” means sexual conduct on account of
which anything of value is given or received by a person.

(3) “Deprivation or violation of the personal liberty of another”
includes substantial and sustained restriction of another’s liberty
accomplished through force, fear, fraud, deceit, coercion, violence,
duress, menace, or threat of unlawful injury to the victim or to
another person, under circumstances where the person receiving
or apprehending the threat reasonably believes that it is likely that
the person making the threat would carry it out.

(4) “Duress” includes a direct or implied threat of force,
violence, danger, hardship, or retribution sufficient to cause a
reasonable person to acquiesce in or perform an act which he or
she would otherwise not have submitted to or performed; a direct
or implied threat to destroy, conceal, remove, confiscate, or possess
an actual or purported passport or immigration document of the
victim; or knowingly destroying, concealing, removing,
confiscating, or possessing an actual or purported passport or
immigration document of the victim.

(5) “Forced labor or services” means labor or services that are
performed or provided by a person and are obtained or maintained
through force, fraud, duress, or coercion, or equivalent conduct
that would reasonably overbear the will of the person.

(6) “Great bodily injury” means a significant or substantial
physical injury.

(7) “Minor” means a person less than 18 years of age.

(8) “Serious harm” includes any harm, whether physical or
nonphysical, including psychological, financial, or reputational
harm, that is sufficiently serious, under all the surrounding
circumstances, to compel a reasonable person of the same
background and in the same circumstances to perform or to
continue performing labor, services, or commercial sexual acts in
order to avoid incurring that harm.

(i) The total circumstances, including the age of the victim, the
relationship between the victim and the trafficker or agents of the
trafficker, and any handicap or disability of the victim, shall be
factors to consider in determining the presence of “deprivation or
violation of the personal liberty of another,” “duress,” and
“coercion” as described in this section.

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