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SB-50 Vehicles: driving under the influence: controlled substances. (2011-2012)

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SB50:v96#DOCUMENT

Amended  IN  Assembly  June 20, 2012
Amended  IN  Assembly  April 16, 2012
Amended  IN  Assembly  June 20, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Senate Bill
No. 50

Introduced  by  Senator Correa, Blakeslee

December 15, 2010

An act to amend Sections 23152 and 23153 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


SB 50, as amended, Correa. Vehicles: driving under the influence: controlled substances.
(1) Existing law makes it a crime for a person who is under the influence of alcohol or any drug, or under the combined influence of alcohol and any drug, to drive a vehicle. Existing law also makes it a crime for a person to drive a vehicle with 0.08% or more, by weight, of alcohol in his or her blood.
This bill would, in addition, make it a crime for a person to have a controlled substance, as defined, in his or her blood while driving a vehicle.
(2) Existing law makes it a crime for a person who drives a vehicle under the influence of alcohol or any drug, or under the combined influence of alcohol and any drug, to do any act forbidden by law or neglect any duty imposed by law while driving a vehicle when that act or neglected duty is the proximate cause of bodily injury to any person other than the driver. Existing law also makes it a crime for a person who drives a vehicle with 0.08% or more, by weight, of alcohol in his or her blood to do any act forbidden by law or neglect any duty imposed by law while driving a vehicle when that act or neglected duty is the proximate cause of bodily injury to any person other than the driver.
This bill would, in addition, make it a crime for a person to have a controlled substance, as defined, in his or her blood while driving a vehicle and to do any act forbidden by law or neglect any duty imposed by law while driving when that act or neglected duty is the proximate cause of bodily injury to any person other than the driver.
(3) Under existing law, there is a rebuttable evidentiary presumption that a person was under the influence of alcohol at the time he or she drove a vehicle if he or she had 0.08% or more, by weight, of alcohol in his or her blood at the time of a chemical test if the chemical test was done within 3 hours of when after the person drove the vehicle.
This bill would create a rebuttable evidentiary presumption that a person had a controlled substance in his or her blood at the time he or she drove a vehicle if the person had a controlled substance, as defined, in his or her blood at the time of the performance of a chemical test if the test is done within 3 hours after the person drove the vehicle.
(4) Because this bill would create new crimes, it 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.

 The Legislature finds and declares all of the following:
(a) The problem of drugged driving continues to rise in California and poses a substantial threat to public safety.
(b) According to the National Highway Traffic Safety Administration, 30 percent of all drivers who were killed in motor vehicle crashes in California in 2010 tested positive for drugs, an increase since 2006.
(c) Research shows that drugs have an adverse effect on judgment, reaction time, motor skills, and memory that are all critical skills for safe and responsible driving.
(d) Drugged driving is a problem not widely recognized by the public, but increases in crashes, fatalities, and injuries demonstrate that immediate action is needed to reduce the number of impaired drivers on our roads.
(e) Because there is currently no established impairment level for illegal hardcore drugs and other drugs used illegally, prosecuting drug impairment driving cases can be difficult. Establishing a zero tolerance for illegal drug use while driving will assist in prosecuting these cases and advance public safety.

SECTION 1.SEC. 2.

 Section 23152 of the Vehicle Code, as amended by Section 31 of Chapter 455 of the Statutes of 1995, is amended to read:

23152.
 (a) It is unlawful for a 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.
(b) (1)It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

(2)

(1) For purposes of this article and Section 34501.16, the 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.

(3)

(2) 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.
(c) It is unlawful for a 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.
(d) (1)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.

(2)In

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.
(e) (1)It is unlawful for a person who has a controlled substance in his or her blood to drive a vehicle.

(2)

(1) In any prosecution under this subdivision, 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 any measurable amount of a controlled substance in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(3)

(2) For purposes of this subdivision, a controlled substance is any of the following:
(A) A controlled substance as specified in subdivision (b) or (c), paragraph (14), (15), (21), (22), or (23) of subdivision (d), subdivision (e), or paragraph (1) of subdivision (f) of Section 11054 of the Health and Safety Code, or subdivision (b) or (c), paragraph (1) or (2) of subdivision (d), or paragraph (3) of subdivision (e) of Section 11055 of the Health and Safety Code.
(B) A narcotic drug classified in Schedule III of Section 11056, Schedule IV of Section 11057, or Schedule V of Section 11058 of the Health and Safety Code, except when administered by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances. The defendant shall bear the burden of showing that the exception applies.
(C) A controlled substance does not include a controlled substance or narcotic drug listed in this paragraph when administered by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances. The defendant shall bear the burden of showing that the exception applies.
(f) This section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more.
(g) The director shall submit a notice of the determination under subdivision (f) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State.

SEC. 2.SEC. 3.

 Section 23152 of the Vehicle Code, as amended by Section 32 of Chapter 455 of the Statutes of 1995, is amended to read:

23152.
 (a) It is unlawful for a 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.
(b) (1)It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

(2)

(1) For purposes of this article and Section 34501.16, the 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.

(3)

(2) 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.
(c) It is unlawful for a 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.
(d) (1)It is unlawful for a person to who has a controlled substance in his or her blood to drive a vehicle.

(2)

(1) In any prosecution under this subdivision, 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 any measurable amount of a controlled substance in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(3)

(2) For purposes of this subdivision, a controlled substance is any of the following:
(A) A controlled substance as specified in subdivision (b) or (c), paragraph (14), (15), (21), (22), or (23) of subdivision (d), subdivision (e), or paragraph (1) of subdivision (f) of Section 11054 of the Health and Safety Code, or subdivision (b) or (c), paragraph (1) or (2) of subdivision (d), or paragraph (3) of subdivision (e) of Section 11055 of the Health and Safety Code.
(B) A narcotic drug classified in Schedule III of Section 11056, Schedule IV of Section 11057, or Schedule V of Section 11058 of the Health and Safety Code, except when administered by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances. The defendant shall bear the burden of showing that the exception applies.
(C) A controlled substance does not include a controlled substance or narcotic drug listed in this paragraph when administered by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances. The defendant shall bear the burden of showing that the exception applies.
(e) This section shall become operative only upon the receipt by the Secretary of State of the notice specified in subdivision (f) of Section 23152, as added by Section 25 of Chapter 1114 of the Statutes of 1989.

SEC. 3.SEC. 4.

 Section 23153 of the Vehicle Code, as amended by Section 18 of Chapter 974 of the Statutes of 1992, is amended to read:

23153.
 (a) It is unlawful for a person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to a person other than the driver.
(b) (1)It is unlawful for a person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to a person other than the driver.

(2)In

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 driving.
(c) In proving the person neglected any duty imposed by law in driving the vehicle, it is not necessary to prove that any specific section of this code was violated.
(d) (1)It is unlawful for a person, while having 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, and concurrently to do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to a person other than the driver.

(2)In

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 performance of a chemical test within three hours after driving.
(e) (1)It is unlawful for a person who has a controlled substance in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to a person other than the driver.

(2)

(1) In any prosecution under this subdivision, 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 any measurable amount of a controlled substance in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(3)

(2) For purposes of this subdivision, a controlled substance is any of the following:
(A) A controlled substance as specified in subdivision (b) or (c), paragraph (14), (15), (21), (22), or (23) of subdivision (d), subdivision (e), or paragraph (1) of subdivision (f) of Section 11054 of the Health and Safety Code, or subdivision (b) or (c), paragraph (1) or (2) of subdivision (d), or paragraph (3) of subdivision (e) of Section 11055 of the Health and Safety Code.
(B) A narcotic drug classified in Schedule III of Section 11056, Schedule IV of Section 11057, or Schedule V of Section 11058 of the Health and Safety Code, except when administered by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances. The defendant shall bear the burden of showing that the exception applies.
(C) A controlled substance does not include a controlled substance or narcotic drug listed in this paragraph when administered by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances. The defendant shall bear the burden of showing that the exception applies.
(f) This section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more.
(g) The director shall submit a notice of the determination under subdivision (f) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State.

SEC. 4.SEC. 5.

 Section 23153 of the Vehicle Code, as amended by Section 19 of Chapter 974 of the Statutes of 1992, is amended to read:

23153.
 (a) It is unlawful for a person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to a person other than the driver.
(b) (1)It is unlawful for a person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to a person other than the driver.

(2)In

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 driving.
(c) (1)It is unlawful for a person to have a controlled substance in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to a person other than the driver.

(2)

(1) In any prosecution under this subdivision, 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 any measurable amount of a controlled substance in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(3)

(2)  For purposes of this subdivision, a controlled substance is any of the following:
(A) A controlled substance as specified in subdivision (b) or (c), paragraph (14), (15), (21), (22), or (23) of subdivision (d), subdivision (e), or paragraph (1) of subdivision (f) of Section 11054 of the Health and Safety Code, or subdivision (b) or (c), paragraph (1) or (2) of subdivision (d), or paragraph (3) of subdivision (e) of Section 11055 of the Health and Safety Code.
(B) A narcotic drug classified in Schedule III of Section 11056, Schedule IV of Section 11057, or Schedule V of Section 11058 of the Health and Safety Code, except when administered by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances. The defendant shall bear the burden of showing that the exception applies.
(C) A controlled substance does not include a controlled substance or narcotic drug listed in this paragraph when administered by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances. The defendant shall bear the burden of showing that the exception applies.
(d) In proving the person neglected any duty imposed by law in driving the vehicle, it is not necessary to prove that any specific section of this code was violated.
(e) This section shall become operative only upon the receipt by the Secretary of State of the notice specified in subdivision (f) of Section 23153.

SEC. 5.SEC. 6.

 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.