Bill Text: CA AB2687 | 2015-2016 | Regular Session | Chaptered
Bill Title: Vehicles: passenger for hire: driving under the influence.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2016-09-28 - Chaptered by Secretary of State - Chapter 765, Statutes of 2016. [AB2687 Detail]
Download: California-2015-AB2687-Chaptered.html
BILL NUMBER: AB 2687 CHAPTERED
BILL TEXT
CHAPTER 765
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2016
APPROVED BY GOVERNOR SEPTEMBER 28, 2016
PASSED THE SENATE AUGUST 18, 2016
PASSED THE ASSEMBLY JUNE 1, 2016
AMENDED IN ASSEMBLY MAY 27, 2016
AMENDED IN ASSEMBLY APRIL 25, 2016
INTRODUCED BY Assembly Members Achadjian, Low, and Chang
FEBRUARY 19, 2016
An act to amend Sections 23152 and 23153 of the Vehicle Code,
relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2687, Achadjian. Vehicles: passenger for hire: 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 has 0.04 percent or
more, by weight, of alcohol in his or her blood to drive a commercial
motor vehicle, as defined. Existing law also makes it unlawful for a
person who has 0.04 percent or more, by weight, of alcohol in his or
her blood to drive a commercial motor vehicle and concurrently do
any act forbidden by law or neglect any duty imposed by law that
proximately causes bodily injury to another person other than the
driver.
This bill would make it unlawful, commencing July 1, 2018, for a
person who has 0.04 percent or more, by weight, of alcohol in his or
her blood to drive a motor vehicle when a passenger for hire, as
defined, is a passenger in the vehicle at the time of the offense.
The bill would also make it unlawful, commencing July 1, 2018, for a
person who has 0.04 percent or more, by weight, of alcohol in his or
her blood to drive a motor vehicle, as specified, and concurrently do
any act or neglect any duty that proximately causes bodily injury to
another person other than the driver. Because this bill would expand
the application of a crime to more people, 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23152 of the Vehicle Code is amended to read:
23152. (a) It is unlawful for a person who is under the influence
of any alcoholic beverage to drive a vehicle.
(b) 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.
For purposes of this article and Section 34501.16, 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.
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) It is unlawful for a 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. In a 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) Commencing July 1, 2018, it shall be unlawful for a person who
has 0.04 percent or more, by weight, of alcohol in his or her blood
to drive a motor vehicle when a passenger for hire is a passenger in
the vehicle at the time of the offense. For purposes of this
subdivision, "passenger for hire" means a passenger for whom
consideration is contributed or expected as a condition of carriage
in the vehicle, whether directly or indirectly flowing to the owner,
operator, agent, or any other person having an interest in the
vehicle. In a 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.
(f) It is unlawful for a person who is under the influence of any
drug to drive a vehicle.
(g) It is unlawful for a person who is under the combined
influence of any alcoholic beverage and drug to drive a vehicle.
SEC. 2. Section 23153 of the Vehicle Code is amended to read:
23153. (a) It is unlawful for a person, while under the influence
of any alcoholic beverage, 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 any person other than the driver.
(b) 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 any person other than the driver.
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) 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 any person other than the driver. In a 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) Commencing July 1, 2018, it shall be unlawful for a person,
while having 0.04 percent or more, by weight, of alcohol in his or
her blood to drive a motor vehicle when a passenger for hire is a
passenger in the vehicle at the time of the offense, 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 any person other than the driver. For purposes of this
subdivision, "passenger for hire" means a passenger for whom
consideration is contributed or expected as a condition of carriage
in the vehicle, whether directly or indirectly flowing to the owner,
operator, agent, or any other person having an interest in the
vehicle. In a 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.
(f) It is unlawful for a person, while under the influence of any
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 any person other
than the driver.
(g) It is unlawful for a person, while 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 any person other than the driver.
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.
