BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2552|
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THIRD READING
Bill No: AB 2552
Author: Torres (D)
Amended: 8/21/12 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/26/12
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/16/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
ASSEMBLY FLOOR : 75-0, 5/21/12 - See last page for vote
SUBJECT : Vehicles: driving under the influence:
controlled substances
SOURCE : Author
DIGEST : This bill recasts the provisions on driving
under the influence of alcohol or drugs. The provisions of
the bill sunset on January 1, 2014.
ANALYSIS : Existing law provides that it is unlawful for
any person who is under the influence of any alcoholic
beverage or drug, or under the combined influence of any
alcoholic beverage and drug, to drive a vehicle. (Vehicle
Code (VEH) � 23152(a))
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Existing law provides it is unlawful for any 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. (VEH � 23152(b).)
Existing law provides that it is unlawful for any 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. (VEH � 23152(c).)
Existing law provides that it is unlawful for any 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. 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. (VEH � 23152(d).)
This bill revises and recasts provisions related to driving
under the influence of alcohol or drugs, or the combination
of drugs and alcohol by separating the provisions into
three distinct sections and subsections:
Driving under the influence of alcohol.
Driving under the influence of drugs.
Driving under the influence of alcohol and drugs.
This bill deletes the January 1, 1992, operative date in
Section 23152 of the Vehicle Code.
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This bill also provides that the provisions of the bill
sunset January 1, 2014.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
According to the Senate Appropriations Committee:
One-time costs of approximately $1.2 million (Motor
Vehicle Account) to the Department of Motor Vehicles
(DMV) for programming changes.
Potential federal grant funding of $400,000 to $500,000
through the Office of Traffic Safety (OTS) pending a
written grant agreement between the OTS and DMV, and
subject to BTH approval, to support the project.
SUPPORT : (Verified 8/20/12)
California Peace Officers' Association
California State Sheriffs' Association
California Narcotic Officers' Association
California Police Chiefs Association
ARGUMENTS IN SUPPORT : The California State Sheriffs'
Association states:
Under current law, all individuals arrested for
driving under the influence are arrested under a
single, catch-all section of the law. Current law
does not distinguish between individuals arrested for
being under the influence of alcohol, drugs, or a
combination of both. This process leaves state and
local entities with little information to study and
understand trends on the different types of substances
involved in DUI incidents.
AB 2552 will break up the code section of the law used
by law enforcement to charge individuals for DUI into
three sections. These new sections will allow state
and local entities to collect arrest data that is more
precise and that can reflect the actual numbers of
alcohol, drug or a combination of alcohol and drugs.
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This type of data is critical for health and safety
agencies to make better informed decisions regarding
funding for officer training, equipment, and/or drug
and alcohol programs.
ASSEMBLY FLOOR : 75-0, 5/21/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Eng, Feuer, Fong, Fuentes, Furutani, Beth Gaines,
Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman,
Halderman, Hall, Harkey, Hayashi, Hill, Huber, Hueso,
Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie
Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Olsen, Pan, V.
Manuel P�rez, Portantino, Silva, Skinner, Smyth, Solorio,
Swanson, Torres, Valadao, Wagner, Wieckowski, Williams,
Yamada, John A. P�rez
NO VOTE RECORDED: Donnelly, Fletcher, Roger Hern�ndez,
Norby, Perea
RJG:n 8/21/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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