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SB-65 Vehicles: alcohol and marijuana: penalties.(2017-2018)

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Date Published: 05/11/2017 09:00 PM
SB65:v94#DOCUMENT

Amended  IN  Senate  May 11, 2017
Amended  IN  Senate  May 03, 2017
Amended  IN  Senate  April 17, 2017
Amended  IN  Senate  March 27, 2017
Amended  IN  Senate  March 20, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 65


Introduced by Senator Hill
(Principal coauthor: Assembly Member Low)

December 29, 2016


An act to amend Sections 23220 and 23221 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


SB 65, as amended, Hill. Vehicles: alcohol and marijuana: penalties.
Existing law makes it an infraction to drink any alcoholic beverage while driving a motor vehicle upon any highway or on other specified lands. Existing law also prohibits a driver or passenger from drinking any alcoholic beverage while in a motor vehicle upon a highway, and makes a violation of this provision punishable as an infraction.
This bill would instead make drinking an alcoholic beverage or smoking or ingesting marijuana or any marijuana product while driving, or while riding as a passenger in, a motor vehicle being driven upon a highway or upon specified lands punishable as an infraction. The bill would authorize a court to order a defendant to attend and complete a state-licensed driving-under-the-influence program in addition to those penalties.
By expanding the scope of and penalties for existing crimes, this bill would impose a state-mandated local program.
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.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 23220 of the Vehicle Code is amended to read:

23220.
 (a) A person shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while driving a motor vehicle on any lands described in subdivision (c).
(b) A person shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while riding as a passenger in any motor vehicle being driven on any lands described in subdivision (c).
(c) As used in this section, “lands” means those lands to which the Chappie-Z’berg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.
(d) (1)A violation of subdivision (a) or (b) shall be punished as an infraction.

(e)In addition to the penalties specified in this section, the court may, in its discretion, order the defendant to attend and complete a state-licensed driving-under-the influence program.

SEC. 2.

 Section 23221 of the Vehicle Code is amended to read:

23221.
 (a) A driver shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while driving a motor vehicle upon a highway.
(b) A passenger shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while in a motor vehicle being driven upon a highway.
(c) A violation of this section shall be punished as an infraction.

(d)In addition to the penalties specified in this section, the court may, in its discretion, order the defendant to attend and complete a state-licensed driving-under-the-influence program.

SEC. 3.

 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.