Bill Text

Bill Information

PDF |Add To My Favorites |Track Bill | print page

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

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 02/17/2017 09:00 PM
SB698:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 698


Introduced by Senator Hill

February 17, 2017


An act to add Sections 23152.1 and 23573.1 to the Vehicle Code, relating to driving under the influence.


LEGISLATIVE COUNSEL'S DIGEST


SB 698, as introduced, 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 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 make a first violation punishable as an infraction and would require the court to order the person to participate in and successfully complete a 3-month driving-under-the-influence program, as specified, and to install an ignition interlock device (IID) for 6 months, except as provided. The bill would require the Department of Motor Vehicles to immediately suspend the person’s driver’s license upon receipt of a conviction for that crime, and would authorize the department to issue a restricted license to a person who, among other requirements, shows proof of enrollment in a 3-month driving-under-the-influence program, and verification that an IID has been installed in each vehicle that the person operates. The bill would make the willful failure to install in ignition interlock device as required a misdemeanor with specified penalties.
By creating new 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 23152.1 is added to the Penal 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) A first violation of this section is an infraction. The court shall also order the following for a first violation of this section:
(1) In any county where the board of supervisors has approved, and the State Department of Health Care Services has licensed, a program or programs described in Section 11837.3 of the Health and Safety Code, the court shall order that the driver shall enroll and participate in, and successfully complete a driving-under-the-influence program, licensed pursuant to Section 11836 of the Health and Safety Code, in the driver’s county of residence or employment, as designated by the court, for a duration of three months. For the purposes of this subdivision, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit may not be given for any program activities completed prior to the date of the current violation.
(2) Installation of an ignition interlock device pursuant to Section 23573.1 for a period of six months.

SEC. 2.

 Section 23573.1 is added to the Vehicle Code, to read:

23573.1.
 (a) The Department of Motor Vehicles, upon receipt of the court’s abstract of conviction for a violation of Section 23152.1, shall immediately suspend or revoke the privilege of a person to operate a motor vehicle. If a violation of Section 23152.1 occurs in a vehicle defined in Section 15210, the suspension or revocation specified in this subdivision applies also to the noncommercial driving privilege.
(b) The privilege shall be suspended for a period of six months. The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a three-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538 of this code.
(c) The court shall order a person to enroll in, participate in, and complete a three-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538 of this code.
(d) The department shall inform the convicted person of the requirements of this section and that the term for which the person is required to have a functioning, certified ignition interlock device (IID) installed is six months. The records of the department shall reflect the mandatory use of the IID for six months and the time when the IID is required to be installed pursuant to this code.
(e) The department shall advise the person that installation of a functioning, certified IID on a vehicle does not allow the person to drive without a valid driver’s license.
(f) The department shall issue a restricted driver’s license to the person, if the person meets all of the following requirements:
(1) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, proof of enrollment in a three-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23556 of this code.
(2) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in paragraph (1).
(3) The person agrees to maintain the functioning, certified IID as required under this section.
(4) The person provides proof of financial responsibility, as defined in Section 16430.
(5) The person pays all reissue fees and any restriction fee required by the department.
(6) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this section, as determined by the department.
(g) A person who is notified by the department pursuant to subdivision (d) shall, within 30 days of notification, complete all of the following:
(1) Arrange for each vehicle operated by the person to be fitted with a functioning, certified IID by a certified ignition interlock device provider under Section 13386.
(2) Notify the department and provide to the department proof of installation by submitting the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(h) The department shall place a restriction on the driver’s license record of the convicted person that states the driver is restricted to driving only vehicles equipped with a functioning, certified IID. The restriction shall remain in effect for the six months the person is required to have installed an IID.
(i) (1) A person who is notified by the department pursuant to subdivision (d) shall arrange for each vehicle with an IID to be serviced by the installer at least once every 30 days in order for the installer to recalibrate and monitor the operation of the IID.
(2) The installer shall notify the department if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the IID, or if the person has failed to comply with any requirement for the maintenance or calibration of the IID.
(j) The department shall monitor the installation and maintenance of the IID installed pursuant to subdivision (g).
(k) (1) A person who is notified by the department, pursuant to subdivision (d), is exempt from the requirements of subdivision (g) if all of the following circumstances occur:
(A) Within 30 days of the notification, the person certifies to the department all of the following:
(i) The person does not own a vehicle.
(ii) The person does not have access to a vehicle at his or her residence.
(iii) The person no longer has access to the vehicle being driven by the person when he or she was arrested for a violation that subsequently resulted in a conviction for a violation of Section 23152.1.
(iv) The person acknowledges that he or she is only allowed to drive a vehicle that is fitted with a functioning, certified IID and that he or she is required to have a valid driver’s license before he or she can drive.
(v) The person is subject to the requirements of this section when he or she purchases or has access to a vehicle.
(B) The person’s driver’s license record has been restricted pursuant to subdivision (h).
(C) The person complies with this section immediately upon commencing ownership or operation of a vehicle subject to the required installation of a functioning, certified IID.
(2) A person who has been granted an exemption pursuant to this subdivision and who subsequently drives a vehicle in violation of the exemption is subject to the penalties of subdivision (m) in addition to any other applicable penalties in law.
(l) This section does not permit a person to drive without a valid driver’s license.
(m) A person who is required under subdivision (g) to install a functioning, certified ignition interlock device who willfully fails to install the ignition interlock device within the time period required under subdivision (g) is guilty of a misdemeanor and shall be punished by imprisonment in a county jail for not more than six months or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.

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.