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SB-698 Driving under the influence: alcohol and marijuana.(2017-2018)

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Date Published: 05/02/2017 09:00 PM
SB698:v97#DOCUMENT

Amended  IN  Senate  May 02, 2017
Amended  IN  Senate  April 17, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 698


Introduced by Senator Hill

February 17, 2017


An act to add Section 23152.1 to the Vehicle Code, relating to driving under the influence.


LEGISLATIVE COUNSEL'S DIGEST


SB 698, as amended, Hill. Driving under the influence: alcohol and marijuana.
Existing law makes it a crime for a person who has 0.08% or more, by weight, of alcohol in his or her blood to drive a vehicle. Existing law establishes a rebuttable presumption 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.
This bill bill, until January 1, 2021, would make it a crime for a person who has between 0.04% and 0.07%, by weight, of alcohol in his or her blood and whose blood contains any controlled substance or 5 ng/ml or more of delta-9-tetrahydrocannabinol to drive a vehicle. The bill would require a person to fail field sobriety tests to establish probable cause for a chemical test to test the person’s blood. The bill would make a first violation punishable as an infraction and would make subsequent violations punishable as a misdemeanor.
By creating a new crime, 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 23152.1 is added to the PenalVehicle Code, to read:

23152.1.
 (a) It is unlawful for a person who has between 0.04 percent and 0.07 percent, by weight, of alcohol in his or her blood and whose blood contains any controlled substance or 5 ng/ml or more of delta-9-tetrahydrocannabinol to drive a vehicle.
(b) In any prosecution under subdivision (a), it is a rebuttable presumption that the person had between 0.04 percent and 0.07 percent, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had between 0.04 percent and 0.07 percent, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the time of driving.
(c) In any prosecution under subdivision (a), 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 three hours after the time of driving.
(d) In any prosecution under subdivision (a), it is a rebuttable presumption that the person had a controlled substance in his or her blood at the time of driving the vehicle if the person had the controlled substance in his or her blood at the time of the performance of a chemical test within three hours after the time of driving.
(e) Evidence of failure of field sobriety tests is required to establish probable cause for a chemical test under this section.

(e)

(f) (1) A first violation of this section is an infraction.
(2) A second or subsequent violation of this section is a misdemeanor.

(f)

(g) Nothing in this section prohibits prosecution under any other provision of law.
(h) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.

SEC. 2.

 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.