Bill Text: CA AB2740 | 2015-2016 | Regular Session | Amended

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Bill Title: Driving under the influence: Tetrahydrocannabinol standard.

Spectrum: Bipartisan Bill

Status: (Failed) 2016-11-30 - From committee without further action. [AB2740 Detail]

Download: California-2015-AB2740-Amended.html

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BILL NUMBER: AB 2740	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 15, 2016

INTRODUCED BY   Assembly Members  Lackey  
  and Low   Low   and Lackey


                        FEBRUARY 19, 2016

   An act to amend  Section 236.1 of the Penal Code, relating
to human trafficking.   Sections 23152 and 23153 of the
Vehicle Code, relating to vehicles. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2740, as amended,  Lackey   Low  .
 Human trafficking.   Driving under the
influence: Tetrahydrocannabinol standard.  
   Existing law prohibits a person who has 0.08% or more, by weight,
of alcohol in his or her blood from driving a vehicle. Existing law
also prohibits a person, while having 0.08% or more, by weight, of
alcohol in his or her blood, from driving a vehicle and concurrently
doing any act forbidden by law, or neglecting any duty imposed by law
in driving the vehicle, when the act or neglect proximately causes
bodily injury to a person other than the driver. Existing law
establishes a rebuttable presumption for each of those offenses 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 an offense for a person who has 5 ng/ml or
more of delta 9-tetrahydrocannabinol in his or her blood to drive a
vehicle. The bill would also make it an offense for a person, while
having 5 ng/ml or more of delta 9-tetrahydrocannabinol 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, when
the act or neglect proximately causes bodily injury to a person other
than the driver. The bill would establish a rebuttable presumption
for each of those offenses 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 2 hours of the driving. The
bill would also require corroborating evidence, as specified, in
addition to a level of 5 ng/ml or more of delta
9-tetrahydrocannabinol in the driver's blood, for a conviction for
either of those offenses. The bill would make additional technical,
nonsubstantive changes.  
   By changing the definitions of existing 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.  
   Existing law, as amended by Proposition 35, an initiative measure
approved by the voters at the November 6, 2012, statewide general
election, makes it a crime to deprive or violate another person's
personal liberty with the intent to obtain forced labor or services.
Existing law also makes it a crime to deprive or violate another
person's personal liberty for the purpose of prostitution or sexual
exploitation. Proposition 35 provides that it may be amended by a
statute in furtherance of its objectives by a majority of the
membership of each house of the Legislature concurring. 

   This bill would make technical, nonsubstantive changes to that
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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)  (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. 
    For 
    (2)     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 
    (3)     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)
  11876)  of Chapter 1 of Part 3 of Division 10.5
of the Health and Safety Code.
   (d)  (1)    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 
    (2)     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) It is unlawful for a person who is under the influence of any
drug to drive a vehicle. 
   (f) (1) It is unlawful for a person who has 5 ng/ml or more of
delta 9-tetrahydrocannabinol in his or her blood to drive a vehicle.
 
   (2) In any prosecution under this subdivision, 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 two hours after the driving.
 
   (3) A person may not be convicted of the offense described in this
subdivision based solely on the blood test described in paragraph
(2). Corroborating evidence independent of the blood test that the
person's physical or mental ability to drive a vehicle has been
impaired is required for conviction, and may include, but is not
limited to, mental or physical signs of impairment, poor performance
on one or more field sobriety tests, unsafe or inattentive driving,
incriminating statements by the person, or testimony of other
witnesses about the person's driving or sobriety.  
   (f) 
    (g)  It is unlawful for a person who is under the
combined influence of any alcoholic beverage and drug to drive a
vehicle. 
   (g) This section shall become operative on January 1, 2014.

   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   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   when the  act or neglect proximately causes
bodily injury to  any   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   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   when
the  act or neglect proximately causes bodily injury to 
any   a  person other than the driver. 
    In 
    (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 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  blood,  to drive a commercial motor
vehicle, as defined in Section 15210, and concurrently to do any act
forbidden by  law   law,  or neglect any
duty imposed by law in driving the vehicle,  which 
 when the  act or neglect proximately causes bodily injury
to  any   a  person other than the driver.

    In 
    (2)     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) 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   when the  act or neglect
proximately causes bodily injury to  any   a
 person other than the driver. 
   (f) (1) It is unlawful for a person, while having 5 ng/ml or more
of delta 9-tetrahydrocannabinol 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, when the act or neglect
proximately causes bodily injury to a person other than the driver.
 
   (2) In any prosecution under this subdivision, 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 two hours after the driving.
 
   (3) A person may not be convicted of the offense described in this
subdivision based solely on the blood test described in paragraph
(2). Corroborating evidence independent of the blood test that the
person's physical or mental ability to drive a vehicle has been
impaired is required for conviction, and may include, but is not
limited to, mental or physical signs of impairment, poor performance
on one or more field sobriety tests, unsafe or inattentive driving,
incriminating statements by the person, or testimony of other
witnesses about the person's driving or sobriety.  
   (f) 
    (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 
 when the  act or neglect proximately causes bodily injury
to  any   a  person other than the driver.

   (g) This section shall become operative on January 1, 2014.

   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. 
  SECTION 1.    Section 236.1 of the Penal Code is
amended to read:
   236.1.  (a) A person who deprives or violates the personal liberty
of another with the intent to obtain forced labor or services, is
guilty of human trafficking and shall be punished by imprisonment in
the state prison for 5, 8, or 12 years and a fine of not more than
five hundred thousand dollars ($500,000).
   (b) A person who deprives or violates the personal liberty of
another with the intent to effect or maintain a violation of Section
266, 266h, 266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6,
or 518 is guilty of human trafficking and shall be punished by
imprisonment in the state prison for 8, 14, or 20 years and a fine of
not more than five hundred thousand dollars ($500,000).
   (c) A person who causes, induces, or persuades, or attempts to
cause, induce, or persuade, a person who is a minor at the time of
commission of the offense to engage in a commercial sex act, with the
intent to effect or maintain a violation of Section 266, 266h, 266i,
266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, or 518 is
guilty of human trafficking. A violation of this subdivision is
punishable by imprisonment in the state prison as follows:
   (1) Five, 8, or 12 years and a fine of not more than five hundred
thousand dollars ($500,000).
   (2) Fifteen years to life and a fine of not more than five hundred
thousand dollars ($500,000) when the offense involves force, fear,
fraud, deceit, coercion, violence, duress, menace, or threat of
unlawful injury to the victim or to another person.
   (d) In determining whether a minor was caused, induced, or
persuaded to engage in a commercial sex act, the totality of the
circumstances, including the age of the victim, his or her
relationship to the trafficker or agents of the trafficker, and any
handicap or disability of the victim, shall be considered.
   (e) Consent by a victim of human trafficking who is a minor at the
time of the commission of the offense is not a defense to a criminal
prosecution under this section.
   (f) Mistake of fact as to the age of a victim of human trafficking
who is a minor at the time of the commission of the offense is not a
defense to a criminal prosecution under this section.
   (g) The Legislature finds that the definition of human trafficking
in this section is equivalent to the federal definition of a severe
form of trafficking found in Section 7102(9) of Title 22 of the
United States Code.
   (h) For purposes of this chapter, the following definitions apply:

   (1) "Coercion" includes a scheme, plan, or pattern intended to
cause a person to believe that failure to perform an act would result
in serious harm to or physical restraint against any person; the
abuse or threatened abuse of the legal process; debt bondage; or
providing and facilitating the possession of a controlled substance
to a person with the intent to impair the person's judgment.
   (2) "Commercial sex act" means sexual conduct on account of which
anything of value is given or received by a person.
   (3) "Deprivation or violation of the personal liberty of another"
includes substantial and sustained restriction of another's liberty
accomplished through force, fear, fraud, deceit, coercion, violence,
duress, menace, or threat of unlawful injury to the victim or to
another person, under circumstances where the person receiving or
apprehending the threat reasonably believes that it is likely that
the person making the threat would carry it out.
   (4) "Duress" includes a direct or implied threat of force,
violence, danger, hardship, or retribution sufficient to cause a
reasonable person to acquiesce in or perform an act which he or she
would otherwise not have submitted to or performed; a direct or
implied threat to destroy, conceal, remove, confiscate, or possess an
actual or purported passport or immigration document of the victim;
or knowingly destroying, concealing, removing, confiscating, or
possessing an actual or purported passport or immigration document of
the victim.
   (5) "Forced labor or services" means labor or services that are
performed or provided by a person and are obtained or maintained
through force, fraud, duress, or coercion, or equivalent conduct that
would reasonably overbear the will of the person.
   (6) "Great bodily injury" means a significant or substantial
physical injury.
   (7) "Minor" means a person less than 18 years of age.
   (8) "Serious harm" includes any harm, whether physical or
nonphysical, including psychological, financial, or reputational
harm, that is sufficiently serious, under all the surrounding
circumstances, to compel a reasonable person of the same background
and in the same circumstances to perform or to continue performing
labor, services, or commercial sexual acts in order to avoid
incurring that harm.
   (i) The total circumstances, including the age of the victim, the
relationship between the victim and the trafficker or agents of the
trafficker, and any handicap or disability of the victim, shall be
factors to consider in determining the presence of "deprivation or
violation of the personal liberty of another," "duress," and
"coercion" as described in this section.