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SB-684 Traffic safety: driving under the influence of cannabis pilot program.(2019-2020)

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Date Published: 02/22/2019 09:00 PM
SB684:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 684


Introduced by Senator Umberg

February 22, 2019


An act to add and repeal Section 2425 of the Vehicle Code, relating to traffic safety.


LEGISLATIVE COUNSEL'S DIGEST


SB 684, as introduced, Umberg. Traffic safety: driving under the influence of cannabis pilot program.
Existing law establishes the Department of the California Highway Patrol, tasked with, among other things, the enforcement of all laws regulating the operation of vehicles and the use of the highways, as specified.
Existing law creates the California Cannabis Tax Fund for the collection of taxes related to the sales of cannabis and cannabis products. Existing law allocates a portion of that fund to the Department of the California Highway Patrol to fund internal programs and grants, including grants to local governments for the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis.
This bill would authorize a pilot program to be administered by the department and conducted in 3 cities, as specified. The program, if funded by the department using discretionary funds available from the California Cannabis Tax Fund, would fund the testing, as specified, of drivers suspected of driving under the influence of cannabis for the purpose of data collection and would require the participating cities to return that data to the department. The bill would also require the department, at the conclusion of the pilot program, to submit a report to the Legislature, detailing its findings and recommendations.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 2425 is added to the Vehicle Code, to read:

2425.
 (a) A pilot program to detect an individual operating a vehicle while impaired by cannabis is hereby established.
(b) The pilot program shall be administered by the Department of the California Highway Patrol and shall be funded to the extent the commissioner agrees to provide funding pursuant to subparagraph (B) of paragraph (3) of subdivision (f) of Section 34019 of the Revenue and Taxation Code.
(c) To the extent funding pursuant to subdivision (b) is made available, the department shall select three cities in three separate counties that agree to participate in the program.
(d) To the extent funding pursuant to subdivision (b) is made available, the department shall provide those cities with the necessary equipment, materials, instruction, and support necessary to carry out the program.
(e) The testing device selected for the program shall be one that can be conducted by the officer in a roadside setting with minimal intrusion to the test subject, including, but not limited to, a skin swab, oral swab, saliva, or breath test. The testing device shall provide an accurate measurement of delta-9-tetrahydrocannabinol in the body within accepted scientific standards. The testing device shall be of the type, or configured in a manner, that the result of the test shall not be visible to the officer administering the test.
(f) The primary law enforcement agency in each participating city shall, for the duration of the pilot program, participate as follows:
(1) Commencing on July 1, 2020, until June 30, 2022, peace officers encountering drivers during their regular enforcement activities that they suspect may be driving while impaired by cannabis shall request the driver to consent to a roadside chemical test, as provided by the Department of the California Highway Patrol as part of the pilot program.
(2) The driver shall be informed that the test is being conducted for research purposes only and shall not be used to determine any criminal enforcement action nor be used in any prosecution or administrative licensing action against the driver, and that they are free to refuse the test. The driver shall be given a card, provided by the Department of the California Highway Patrol as part of the pilot program, that provides this admonition in writing.
(3) The officer administering the test shall not base any enforcement action upon a driver’s acceptance or refusal of the test, nor shall the test result, if it becomes known to the officer, influence any enforcement action.
(4) For each test given, the officer shall complete a short report form, provided by the Department of the California Highway Patrol as part of the pilot program, that includes the observations by the officer of the test subject’s driving behavior, behavior during detention, and objective symptoms of impairment. The report shall not include any information personally identifying the test subject or their vehicle. The sample taken, the test result, or some other means of cross-referencing the test result to the report shall be appended to or included in the report.
(5) The form described in paragraph (4) and the test sample or test result shall not be provided to the district attorney for any reason and shall not be used in any prosecution of or testimony against the test subject, nor used to justify any enforcement action against that person, including future enforcement action.
(6) Each participating agency shall, at intervals and in the form prescribed by the Department of the California Highway Patrol, report the data collected pursuant to this section to the department.
(g) The Department of the California Highway Patrol shall, if the pilot program described in this section is implemented, by no later than January 1, 2023, report to the Legislature the findings of the pilot program and any recommendations. The report shall be submitted in compliance with Section 9795 of the Government Code.
(h) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2025.