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AB-330 Highway safety.(2017-2018)

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Date Published: 04/19/2017 09:00 PM
AB330:v97#DOCUMENT

Amended  IN  Assembly  April 19, 2017
Amended  IN  Assembly  March 20, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 330


Introduced by Assembly Member Cooley

February 07, 2017


An act to add and repeal Section 23582.5 to of the Vehicle Code, relating to highway safety.


LEGISLATIVE COUNSEL'S DIGEST


AB 330, as amended, Cooley. Highway safety.
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. A violation of either of these prohibitions is a crime. Existing law authorizes a court, in addition to imposing penalties and sanctions for those violations, to require the person to enroll and participate in, and successfully complete, a driving-under-the-influence program, which may include, among other things, education, group counseling, and individual interview sessions.
Existing law requires the Department of Motor Vehicles to immediately suspend a person’s privilege to operate a motor vehicle for a specified period of time if the person has driven a motor vehicle when the person had a certain blood-alcohol concentration. Existing law also requires the department to suspend or revoke the driving privilege of a person who refuses an officer’s request or fails to complete a chemical test or tests, as specified. Existing law authorizes certain individuals whose privilege is suspended or revoked pursuant to that provision to receive a restricted driver’s license if specified requirements are met, including the completion of specified periods of license suspension or revocation and, in some instances, the installation of an ignition interlock device on the person’s vehicle.
This bill would would, until January 1, 2022, authorize the court to order a person convicted of a crime described above to enroll and participate in, and successfully complete, a qualified “24/7 Sobriety program,” as defined, as a condition of probation, parole, sentence, or work permit, probation, if the program is available and deemed appropriate, and the person committed the crime within 10 years of one or more separate crimes described above that resulted in a conviction. The bill also would authorize a court to order participation in a 24/7 Sobriety program as a condition of pretrial release on bond for a person who has been charged with a crime described above, as specified. The bill would define a “24/7 Sobriety program,” in part, as requiring a person in the program to abstain from alcohol and unauthorized controlled substances and be subject to frequent testing for alcohol and controlled substances, as specified. The bill would authorize use of participation in a 24/7 Sobriety program in conjunction with participation in an ignition interlock device program. The bill would require a person participating in the program to pay the program costs, commensurate with the person’s ability to pay, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares the following:
(a) Alcohol consumption and driving under the influence impose enormous health and safety costs on California. Problem drinkers account for a disproportionate share of these costs. California has had success with its current approach to driving under the influence by lowering blood alcohol concentration limits and by focusing on reducing the likelihood that individuals drive while intoxicated. However, California has been less successful at targeting those with an underlying alcohol problem that makes them more likely to consistently drive while impaired.
(b) Those with previous convictions for driving under the influence are far more likely to recidivate than first-time offenders. Moreover, these people are disproportionately involved in alcohol-related traffic fatalities and are likely to have a diagnosis of alcohol dependence.
(c) In 2005, South Dakota started a pilot program called “24/7 Sobriety” and required those arrested for or convicted of alcohol-related offenses to take twice-a-day breathalyzer tests or wear a continuous alcohol monitoring bracelet. Those who fail or skip their tests are immediately subject to certain but modest sanctions, typically a day or two in jail. After a five-county pilot project, the program grew to include more jurisdictions and offenses. Studies have found that the total number of repeat driving-under-the-influence arrests in counties operating the program fell by 12 percent, and the total number of arrests for domestic violence dropped by 9 percent.

SEC. 2.

 Section 23582.5 is added to the Vehicle Code, to read:

23582.5.
 (a) The court may order a person convicted of a violation of Section 23152 or 23153 to enroll and participate in, and successfully complete, a qualified 24/7 Sobriety program, as described in subdivision (c), (b), as a condition of probation, parole, sentence, or work permit probation, if the program is available and deemed appropriate, and the person committed the current violation within 10 years of one or more separate violations of Section 23152 or 23153 that resulted in a conviction.

(b)The court may require a person who has been arrested for a violation of Section 23152 or 23153 to enroll and participate in, and successfully complete, a qualified 24/7 Sobriety program, as described in subdivision (c), as a condition of pretrial release on bond, if the program is available and deemed appropriate, and the person committed the current violation within 10 years of one or more separate violations of Section 23152 or 23153 that resulted in a conviction.

(c)

(b) For purposes of this section, a “24/7 Sobriety program” requires a participant to abstain from alcohol or controlled substance use for a designated period of time. Testing for alcohol or controlled substances may be accomplished by twice-per-day testing at a testing location, continuous transdermal alcohol monitoring via an electronic monitoring device, or by an alternative method approved by the National Highway Traffic Safety Administration or the United States Department of Transportation. The 24/7 Sobriety program methodology shall be evidence-based. “Evidence-based” means the program methodology meets at least two of the following criteria:
(1) Evaluation research shows that the program produces the expected positive results.
(2) The results can be attributed to the program itself, rather than to other extraneous factors or events.
(3) The evaluation is peer reviewed by experts in the field.
(4) The program is endorsed by a federal agency or respected research organization and included in its list of effective programs.

(d)

(c) A person ordered into a 24/7 Sobriety program may also be required to participate in any other driving-under-the-influence program required under California law, including, but not limited to, programs provided in Section 11836 of the Health and Safety Code. Participation in the 24/7 Sobriety program may be used in conjunction with participation in an ignition interlock device program.

(e)

(d) In order to enable all required defendants to participate, each person shall pay the program costs commensurate with the person’s ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code.

(f)

(e) The court shall not impose a program of more than 180 days in length unless the defendant tests positive for alcohol or an unauthorized controlled substance or fails to appear for a test.

(g)The Office of Traffic Safety shall include a description of the provisions authorizing the 24/7 Sobriety program pursuant to this section in its highway safety plan required to be submitted to the NHTSA under subsection (k) of Section 402 of Title 23 of the United States Code, including any application requirements necessary to qualify for grants under Section 405 of Title 23 of the United States Code.

(h)The department shall establish statewide uniform collection and reporting of all of the following data:

(1)Participant demographic information.

(2)Participant case history information.

(3)Testing information, including testing duration, test results, testing attendance, and testing compliance.

(4)Fees and fee payments.

(f) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.