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SB-618 Vehicles: Driving under the influence.(2019-2020)

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Date Published: 06/26/2019 09:00 PM
SB618:v98#DOCUMENT

Amended  IN  Assembly  June 26, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 618


Introduced by Senator Stone

February 22, 2019


An act to amend Section 118.1 Sections 13385 and 23593 of the Penal Vehicle Code, relating to perjury. driving under the influence.


LEGISLATIVE COUNSEL'S DIGEST


SB 618, as amended, Stone. Peace officers: perjury. Vehicles: Driving under the influence.
Existing law makes it unlawful for a person who is under the influence of any alcoholic beverage or drug to drive a vehicle. Existing law makes it unlawful for a person who is under the influence of any alcoholic beverage or drug to drive a motor vehicle and concurrently do any act or neglect any duty that proximately causes bodily injury to another person other than the driver.
Under existing law, murder is the killing of a human being with malice aforethought. Under existing case law, malice supporting a conviction of murder in the second degree is implied if a defendant consumed enough alcohol to be legally intoxicated, was aware of the hazards of driving while intoxicated, and drives at excessive speeds and in a reckless manner.
Existing law requires a person applying for or renewing a driver’s license to sign a declaration acknowledging the danger of driving while driving while under the influence of alcohol or drugs and the possibility that doing so may result in being charged with murder. Existing law also requires a person convicted of specified offenses related to driving under the influence to be read a similar admonishment in court.
This bill would require both that declaration and admonishment to clarify that a drug includes cannabis, cannabis products, or any of the active chemical compounds of cannabis.

Under existing law, the knowing and intentional making of false statements by a peace officer, in specified reports filed with their employing agency is a crime punishable by imprisonment in a county jail for not more than one year, or by imprisonment in the state prison for 1, 2, or 3 years.

This bill would instead make that offense a felony, punishable by imprisonment for 2, 3, or 4 years, as specified.

By changing the penalty for a 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: YESNO  

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


SECTION 1.

 Section 13385 of the Vehicle Code is amended to read:

13385.
 (a) On or after July 1, 2008, all All application forms for driver’s licenses or driver’s license renewal notices shall include a requirement that the applicant sign the following declaration as a condition of licensure:
“I am hereby advised that being under the influence of alcohol or drugs, or both, impairs the ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. The term “drugs” includes cannabis, cannabis products, and the active chemical compounds of cannabis. If I drive while under the influence of alcohol or drugs, or both, and as a result, a person is killed, I can be charged with murder.”
(b) On all application forms for driver’s licenses or driver’s license renewal notices printed by the department, in English or a language other than English, the department shall include the declaration in the same language as the application or renewal notice.
(c) The department is not, incident to this section, required to maintain, copy, or store any information other than that to be incorporated into the standard application form.

SEC. 2.

 Section 23593 of the Vehicle Code is amended to read:

23593.
 (a) The court shall advise a person convicted of a violation of Section 23103, as specified in Section 23103.5, or a violation of Section 23152 or 23153, as follows:
“You are hereby advised that being under the influence of alcohol or drugs, or both, impairs your ability to safely operate a motor vehicle. The term “drugs” includes cannabis, cannabis products, and the active chemical compounds of cannabis. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If you continue to drive while under the influence of alcohol or drugs, or both, and, as a result of that driving, someone is killed, you can be charged with murder.”
(b) The advisory statement may be included in a plea form, if used, or the fact that the advice was given may be specified on the record.
(c) The court shall include on the abstract of the conviction or violation submitted to the department under Section 1803 or 1816, the fact that the person has been advised as required under subdivision (a).

SECTION 1.Section 118.1 of the Penal Code is amended to read:
118.1.

(a)Every peace officer who files any report with their employing agency regarding the commission of any crime or any investigation of any crime, and knowingly and intentionally makes any statement regarding any material matter in the report which the officer knows to be false, whether or not the statement is certified or otherwise expressly reported as true, is guilty of filing a false report, a felony, punishable by imprisonment pursuant to subdivision (h) of Section 1170, for two, three, or four years.

(b)This section shall not apply to the contents of any statement which the peace officer attributes in the report to any other person.

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.