Bill Text: CA SB1273 | 2017-2018 | Regular Session | Amended
Bill Title: Vehicles: marijuana.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-05-25 - May 25 hearing: Held in committee and under submission. [SB1273 Detail]
Download: California-2017-SB1273-Amended.html
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Amended
IN
Senate
April 24, 2018 |
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Amended
IN
Senate
March 22, 2018 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Senate Bill | No. 1273 |
| Introduced by Senator Hill |
February 16, 2018 |
An act to amend Section 11362.45 of the Health and Safety Code, and to amend Sections 13388, 13557, 15300, 15302, 23136, 23152, 23153, and 23575.3 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1273, as amended, Hill.
Vehicles: marijuana.
Existing law prohibits a person who is under the influence of alcohol, drugs, or the combined influence of alcohol or drugs from driving a vehicle. Existing law also prohibits a person from driving under the influence and proximately causing bodily harm to another person, as specified. Existing law defines a drug, for purposes of these provisions as any substance, or combination of substances, other than alcohol, which can affect the nervous system, brain, or muscles of a person in a manner that impairs the ability to safely drive a vehicle.
This bill would recast these provisions to make driving under the influence of several classifications of drugs each a separate offense, with no changes to the penalty.
Under existing
law, it is an infraction for a person under 21 years of age who has a blood-alcohol concentration of 0.01% or greater to drive a vehicle. Under existing law, a person under 21 years of age who has a blood alcohol concentration of 0.01% or more while operating a motor vehicle will have his or her driver’s license suspended by the department for no less than one year. Existing law provides the procedure for the arresting officer, acting on behalf of the Department of Motor Vehicles, to serve a notice of order of suspension, seize the person’s license, and issue a temporary license.
This bill would make it an infraction for a person under 21 years of age who has any detectable quantity of delta-9-tetrahydrocannabinol in his or her body to drive a vehicle. By creating a new crime, this bill would impose a state-mandated local program. The bill would
make a person under 21 years of age who has any detectible amount of delta-9-tetrahydrocannabinol in his or her body subject to a written warning on the first incident, an administratively assessed violation point against his or her drivers license upon a 2nd incident, as provided, and to the same license suspension, except as specified. suspension specified above, upon a 3rd instance. The bill would make other conforming changes.
By increasing the administrative duties of local peace officers in enforcing this prohibition, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates,
this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 11362.45 of the Health and Safety Code is amended to read:11362.45.
Section 11362.1 does not amend, repeal, affect, restrict, or preempt:(a) Laws making it unlawful to drive or operate a vehicle, boat, vessel, or aircraft, while smoking, ingesting, or impaired by, cannabis or cannabis products, including, but not limited to, subdivision (g) of Section 23152 of the Vehicle Code, or the penalties prescribed for violating those laws.
(b) Laws prohibiting the sale, administering, furnishing, or giving away of cannabis, cannabis products, or cannabis accessories, or the offering to sell, administer, furnish, or give away cannabis, cannabis products, or cannabis accessories to a person younger than 21 years of age.
(c) Laws
prohibiting a person younger than 21 years of age from engaging in any of the actions or conduct otherwise permitted under Section 11362.1.
(d) Laws pertaining to smoking or ingesting cannabis or cannabis products on the grounds of, or within, any facility or institution under the jurisdiction of the Department of Corrections and Rehabilitation or the Division of Juvenile Justice, or on the grounds of, or within, any other facility or institution referenced in Section 4573 of the Penal Code.
(e) Laws providing that it would constitute negligence or professional malpractice to undertake any task while impaired from smoking or ingesting cannabis or cannabis products.
(f) The rights and obligations of public and private employers to maintain a drug and alcohol free workplace or require an employer to permit or
accommodate the use, consumption, possession, transfer, display, transportation, sale, or growth of cannabis in the workplace, or affect the ability of employers to have policies prohibiting the use of cannabis by employees and prospective employees, or prevent employers from complying with state or federal law.
(g) The ability of a state or local government agency to prohibit or restrict any of the actions or conduct otherwise permitted under Section 11362.1 within a building owned, leased, or occupied by the state or local government agency.
(h) The ability of an individual or private entity to prohibit or restrict any of the actions or conduct otherwise permitted under Section 11362.1 on the individual’s or entity’s privately owned property.
(i) Laws pertaining to the Compassionate Use Act of
1996.
SEC. 2.
Section 13388 of the Vehicle Code is amended to read:13388.
(a) If a peace officer lawfully detains a person who is under 21 years of age and who is driving a motor vehicle, and the officer has reasonable cause to believe that the person is in violation of Section 23136, the officer shall request that the person take a preliminary alcohol screening test to determine the presence of alcohol in the person, or a preliminary marijuana screening test to determine the presence of delta-9-tetrahydrocannabinol in the person, if a preliminary alcohol screening test device or a preliminary marijuana screening test is immediately available. If a preliminary alcohol screening test device or a preliminary marijuana screening test is not immediately available, the officer may request the person to submit to chemical testing of his or her blood, breath, or urine, conducted pursuant to Section 23612.(b) (1) If any of the following occurs, the officer shall proceed as specified in paragraph (2):
(A) The person refuses to take, or fails to complete, the preliminary alcohol screening test or preliminary marijuana screening test, or refuses to take or fails to complete a chemical test if a preliminary alcohol device or preliminary marijuana screening test is not immediately available.
(B) The person takes the preliminary alcohol screening test and that test reveals a blood-alcohol concentration of 0.01 percent or greater, or the results of a chemical test reveal a blood-alcohol concentration of 0.01 percent or greater.
(C) The person takes the preliminary marijuana
screening test and the test reveals any detectible quantity of delta-9-tetrahydrocannabinol in the person, or the results of a chemical test reveal any detectible quantity of delta-9-tetrahydrocannabinol in the person.
(2) (A) Upon the first incident described in subparagraph (C) of paragraph (1), the officer shall issue the person a written warning.
(B) Upon a second incident described in subparagraph (C) of paragraph (1), the officer shall notify the Department of Motor Vehicles of the incident and the department shall, notwithstanding paragraph (4) of subdivision (i) of Section 12810, administratively assess one violation point against the person’s drivers license. The
violation point shall be removed upon proof of completion of a drugged driving education program licensed pursuant to Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code within nine months of the of the incident.
(C) Upon a third or subsequent incident of the activity specified in subparagraph (C) of paragraph (1), or any incident of the activity specified in subparagraph (A) or subparagraph (B) of paragraph (1), the following shall occur:
(i) The officer, acting on behalf of the department, shall serve the person with a
notice of an order of suspension of the person’s driving privilege.
(B)
(ii) The officer shall take possession of any driver’s license issued by this state which is held by the person. When the officer takes possession of a valid driver’s license, the officer shall issue, on behalf of the department, a temporary driver’s license. The temporary driver’s license shall be an endorsement on the notice of the order of suspension and shall be valid for 30 days from the date of issuance, or until receipt of the order of suspension from the department, whichever occurs first.
(C)
(iii) The officer immediately shall forward a copy of the completed notice of order of suspension form, and any driver’s license taken into possession under subparagraph (B), clause (ii),
with the report required by Section 13380, to the department. For the purposes of this subparagraph, clause, “immediately” means on or before the end of the fifth ordinary business day after the notice of order of suspension was served.
(c) For the purposes of this section, the following definitions apply:
(1) “Preliminary alcohol screening test device” means an instrument designed and used to measure the presence of alcohol in a person based on a breath sample.
(2) “Preliminary marijuana screening test” means an instrument, device, or reactive chemical test used in the field to measure, or detect above an
identifiable threshold, the presence of delta-9-tetrahydrocannabinol in the body of the test subject, including, but not limited to, an oral swab, skin swab, or breath test.
SEC. 3.
Section 13557 of the Vehicle Code is amended to read:13557.
(a) The department shall review the determination made pursuant to Section 13353, 13353.1, or 13353.2 relating to a person who has received a notice of an order of suspension or revocation of the person’s privilege to operate a motor vehicle pursuant to Section 13353, 13353.1, 13353.2, 13382, or 23612. The department shall consider the sworn report submitted by the peace officer pursuant to Section 23612 or 13380 and any other evidence accompanying the report.(b) (1) If the department determines in the review of a determination made under Section 13353 or 13353.1, by a preponderance of the evidence, all of the following facts, the department shall sustain the order of suspension or revocation:
(A) The peace officer had reasonable cause to believe that the person had been driving a motor vehicle in violation of Section 23136, 23140, 23152, 23153, or 23154.
(B) The person was placed under arrest or, if the alleged violation was of Section 23136, that the person was lawfully detained.
(C) The person refused or failed to complete the chemical test or tests after being requested by a peace officer.
(D) Except for the persons described in Section 23612 who are incapable of refusing, the person had been told that his or her privilege to operate a motor vehicle would be suspended or revoked if he or she refused to submit to, and complete, the required testing.
(2) If the department
determines, by a preponderance of the evidence, that any of the facts required under paragraph (1) were not proven, the department shall rescind the order of suspension or revocation and, if the person is otherwise eligible, return or reissue the person’s driver’s license pursuant to Section 13551. The determination of the department upon administrative review is final unless a hearing is requested pursuant to Section 13558.
(3) If the department determines in the review of a determination made under Section 13353.2, by the preponderance of the evidence, all of the following facts, the department shall sustain the order of suspension or revocation, or if the person is under 21 years of age and does not yet have a driver’s license, the department shall delay issuance of that license for one year:
(A) The peace officer had reasonable cause to believe that the person had been driving
a motor vehicle in violation of Section 23136, 23140, 23152, 23153, or 23154.
(B) The person was placed under arrest or, if the alleged violation was of Section 23136, the person was lawfully detained.
(C) The person was driving a motor vehicle under any of the following circumstances:
(i) When the person had 0.08 percent or more, by weight, of alcohol in his or her blood.
(ii) When the person was under 21 years of age and had 0.05 percent or more, by weight, of alcohol in his or her blood.
(iii) When the person was under 21 years of age and had a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test, or other chemical test.
(iv) When the person was under 21 years of age and had any detectible quantity of delta-9-tetrahydrocannabinol in his or her body, as measured or indicated by a preliminary marijuana screening test or other chemical test.
(v) When the person was driving a vehicle that requires a commercial driver’s license and the person had 0.04 percent or more, by weight, of alcohol in his or her blood.
(vi) When the person was on probation for a violation of Section 23152 or 23153 and had a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.
(4) If the department determines that any of those facts required under paragraph (3) were not proven by the preponderance of the evidence, the
department shall rescind the order of suspension or revocation and, if the person is otherwise eligible, return or reissue the person’s driver’s license pursuant to Section 13551. For persons under 21 years of age, the determination of the department pursuant to paragraph (3) is final unless a hearing is requested within 10 days of the determination, which hearing shall be conducted according to Section 13558. For persons over 21 years of age, the determination of the department upon administrative review is final unless a hearing is requested pursuant to Section 13558.
(c) The department shall make the determination upon administrative review before the effective date of the order of suspension or revocation.
(d) The administrative review does not stay the suspension or revocation of a person’s privilege to operate a motor vehicle. If the department is unable to make a
determination on administrative review within the time limit in subdivision (c), the department shall stay the effective date of the order of suspension or revocation pending the determination and, if the person’s driver’s license has been taken by the peace officer pursuant to Section 13382, 13388, 13389, or 23612, the department shall notify the person before the expiration date of the temporary permit issued pursuant to Section 13382, 13388, 13389, or 23612, or the expiration date of any previous extension issued pursuant to this subdivision, in a form that permits the person to establish to any peace officer that his or her privilege to operate a motor vehicle is not suspended or revoked.
(e) A person may request and be granted a hearing pursuant to Section 13558 without first receiving the results of an administrative review pursuant to this section. After receiving a request for a hearing, the department is not required to conduct an
administrative review of the same matter pursuant to this section.
(f) A determination of facts by the department under this section has no collateral estoppel effect on a subsequent criminal prosecution and does not preclude litigation of those same facts in the criminal proceeding.
SEC. 4.
Section 15300 of the Vehicle Code is amended to read:15300.
(a) A driver shall not operate a commercial motor vehicle for a period of one year if the driver is convicted of a first violation of any of the following:(1) Subdivision (a), (b), (c), (f), (g), (h), (i), (j), (k), (l), or (m), of Section 23152 while operating a motor vehicle.
(2) Subdivision (d) or (e) of Section 23152.
(3) Subdivision (a), (b), (f), (g), (h), (i), (j), (k), (l), or (m), of Section 23153 while operating a motor vehicle.
(4) Subdivision (d) or (e) of Section 23153.
(5) Leaving the scene of an
accident involving a motor vehicle operated by the driver.
(6) Using a motor vehicle to commit a felony, other than a felony described in Section 15304.
(7) Driving a commercial motor vehicle when the driver’s commercial driver’s license is revoked, suspended, or canceled based on the driver’s operation of a commercial motor vehicle or when the driver is disqualified from operating a commercial motor vehicle based on the driver’s operation of a commercial motor vehicle.
(8) Causing a fatality involving conduct defined pursuant to Section 191.5 of the Penal Code or subdivision (c) of Section 192 of the Penal Code.
(9) While operating a motor vehicle, refuses to submit to, or fails to complete, a chemical test or tests in violation of Section 23612.
(10) A violation of Section 2800.1, 2800.2, or 2800.3 that involves a commercial motor vehicle.
(b) If a violation listed in subdivision (a), or a violation listed in paragraph (2) of subdivision (a) of Section 13350 or Section 13352 or 13357, occurred while transporting a hazardous material, the period specified in subdivision (a) shall be three years.
SEC. 5.
Section 15302 of the Vehicle Code is amended to read:15302.
A driver shall not operate a commercial motor vehicle for the rest of his or her life if convicted of more than one violation of any of the following:(a) Subdivision (a), (b), (c), (f), (g), (h), (i), (j), (k), (l), or (m), of Section 23152 while operating a motor vehicle.
(b) Subdivision (d) or (e) of Section 23152.
(c) Subdivision (a), (b), (f), (g), (h), (i), (j), (k), (l), or (m), of Section 23153 while operating a motor vehicle.
(d) Subdivision (d) or (e) of Section 23153.
(e) Leaving the scene of an accident involving a motor
vehicle operated by the driver.
(f) Using a motor vehicle to commit a felony, other than a felony described in Section 15304.
(g) Driving a commercial motor vehicle when the driver’s commercial driver’s license is revoked, suspended, or canceled based on the driver’s operation of a commercial motor vehicle or when the driver is disqualified from operating a commercial motor vehicle based on the driver’s operation of a commercial motor vehicle.
(h) Causing a fatality involving conduct defined pursuant to Section 191.5 of the Penal Code or in subdivision (c) of Section 192 of the Penal Code.
(i) While operating a motor vehicle, refuses to submit to, or fails to complete, a chemical test or tests in violation of Section 23612.
(j) A violation of Section 2800.1, 2800.2, or 2800.3 that involves a commercial motor vehicle.
(k) Any combination of the above violations or a violation listed in paragraph (2) of subdivision (a) of Section 13350 or Section 13352 or 13357 that occurred while transporting a hazardous material.
SEC. 6.
Section 23136 of the Vehicle Code is amended to read:23136.
(a) Notwithstanding Sections 23152 and 23153, it is unlawful for a person under 21 years of age who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, or any detectible quantity of delta-9-tetrahydrocannabinol in his or her body, as measured or indicated by a preliminary marijuana screening test or other chemical test, to drive a vehicle. However, this section shall not be a bar to prosecution under Section 23152 or 23153 or any other law.(b) A person shall be found to be in violation of subdivision (a) if the person was, at the time of driving, under 21 years of age, and the trier of fact finds that the person had consumed an alcoholic
beverage or smoked or ingested marijuana or marijuana products and was driving a vehicle with a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, or any detectible quantity of delta-9-tetrahydrocannabinol in his or her body, as measured or indicated by a preliminary marijuana screening test or other chemical test.
(c) (1) Any person under 21 years of age who drives a motor vehicle is deemed to have given his or her consent to a preliminary alcohol screening test, preliminary marijuana screening test, or other chemical test for the purpose of determining the presence of alcohol or delta-9-tetrahydrocannabinol in the person, if lawfully detained for an alleged violation of subdivision (a).
(2) The testing shall be incidental to a lawful detention and administered at the direction
of a peace officer having reasonable cause to believe the person was driving a motor vehicle in violation of subdivision (a).
(3) The person shall be told that his or her failure to submit to, or the failure to complete, a preliminary alcohol screening test, preliminary marijuana screening test, or other chemical test as requested will result in the suspension or revocation of the person’s privilege to operate a motor vehicle for a period of one year to three years, as provided in Section 13353.1.
(d) The prohibition in subdivision (a) relating to delta-9-tetrahydrocannabinol does not apply to a person under 21 years of age who has in his or her possession a physician’s recommendation for medical cannabis that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2 of the Business and Professions Code or an identification card issued pursuant to Section
11362.71 of the Health and Safety Code.
SEC. 7.
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 influence of cannabis or any cannabis product to drive a vehicle.
(h) It is unlawful for a person who is under the influence of any depressant including, but not limited to, diazepam or methaqualone, to drive a vehicle.
(i) It is unlawful for a person who is under the influence of any dissociative anesthetic including, but not limited to, phencyclidine (PCP) or ketamine, to drive a vehicle.
(j) It is unlawful for a person who is under the influence of any hallucinogen including, but not limited to, lysergic acid diethylamide (LSD) or
psilocybin, to drive a vehicle.
(k) It is unlawful for a person who is under the influence of any inhalant including, but not limited to, toluene, or any combination of hydrocarbons having toxic qualities similar to toluene, to drive a vehicle.
(l) It is unlawful for a person who is under the influence of any narcotic analgesic including, but not limited to, heroin, oxycodone, and codeine, to drive a vehicle.
(m) It is unlawful for a person who is under the influence of any stimulant, including, but not limited to, cocaine, methamphetamine, and amphetamine, to drive a vehicle.
(n) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.
SEC. 8.
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 influence of cannabis or any cannabis product, 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.
(h) It is unlawful for a person who is under the influence of any depressant including, but not limited to, diazepam or methaqualone, 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.
(i) It is unlawful for a person who is under the influence of any dissociative anesthetic including, but not limited to, phencyclidine (PCP) or ketamine, 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.
(j) It is
unlawful for a person who is under the influence of any hallucinogen including, but not limited to, lysergic acid diethylamide (LSD) or psilocybin, 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.
(k) It is unlawful for a person who is under the influence of any inhalant including, but not limited to, toluene, or any combination of hydrocarbons having toxic qualities similar to toluene, 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.
(l) It is unlawful for a person who is under the influence of any narcotic analgesic including, but not limited to,
heroin, oxycodone, and codeine, 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.
(m) It is unlawful for a person who is under the influence of any stimulant, including, but not limited to, cocaine, methamphetamine, and amphetamine, 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.
(n) 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. 9.
Section 23575.3 of the Vehicle Code is amended to read:23575.3.
(a) In addition to any other requirement imposed by law, a court shall notify a person convicted of a violation listed in subdivision (h) that he or she is required to install a functioning, certified ignition interlock device on any vehicle that the person operates and that he or she is prohibited from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device in accordance with this section.(b) The Department of Motor Vehicles, upon receipt of the court’s abstract of conviction for a violation listed in subdivision (h), shall inform the convicted person of the requirements of this section, including the term for which the person is required to have a certified ignition interlock device installed. The
records of the department shall reflect the mandatory use of the device for the term required and the time when the device is required to be installed by this code.
(c) The department shall advise the person that installation of a functioning, certified ignition interlock device on a vehicle does not allow the person to drive without a valid driver’s license.
(d) (1) A person who is notified by the department pursuant to subdivision (b) shall do all of the following:
(A) Arrange for each vehicle operated by the person to be equipped with a functioning, certified ignition interlock device by a certified ignition interlock device provider under Section 13386.
(B) Provide to the department proof of installation by submitting the
“Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(C) Pay a fee, determined by the department, that is sufficient to cover the costs of administration of this section.
(2) A person who is notified by the department pursuant to subdivision (b), is exempt from the requirements of this subdivision until the time he or she purchases or has access to a vehicle if, within 30 days of the notification, the person certifies to the department all of the following:
(A) The person does not own a vehicle.
(B) The person does not have access to a vehicle at his or her residence.
(C) The person no longer has access to the vehicle he or she was driving at
the time he or she was arrested for a violation that subsequently resulted in a conviction for a violation listed in subdivision (h).
(D) The person acknowledges that he or she is only allowed to drive a vehicle that is equipped with a functioning, certified ignition interlock device.
(E) The person acknowledges that he or she is required to have a valid driver’s license before he or she can drive.
(F) The person acknowledges that he or she is subject to the requirements of this section when he or she purchases or has access to a vehicle.
(e) In addition to any other restrictions the department places on the driver’s license record of the convicted person when the person is issued a restricted driver’s license pursuant to Section 13352 or 13352.4, the
department shall place a restriction on the driver’s license record of the person that states the driver is restricted to driving only vehicles equipped with a functioning, certified ignition interlock device for the applicable term.
(f) (1) A person who is notified by the department pursuant to subdivision (b) shall arrange for each vehicle with a functioning, certified ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device.
(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 device, or if the person fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device.
(g) The department shall monitor the installation and maintenance of the ignition interlock device installed pursuant to subdivision (d).
(h) A person is required to install a functioning, certified ignition interlock device pursuant to this section for the applicable term, as follows:
(1) A person convicted of a violation of subdivision (a), (b), (d), (e), or (n) of Section 23152 shall be required to do the following, as applicable:
(A) Upon a conviction with no priors, punishable under Section 23536, only one of the following may occur:
(i) The court may order installation of a functioning, certified ignition interlock device on any vehicle that the person operates and prohibit that person
from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period not to exceed six months from the date of conviction. The court shall notify the department of the conviction as specified in subdivision (a) of Section 1803 or Section 1816, and shall specify the terms of the ignition interlock device restriction in accordance with subdivision (a) of Section 1804. The department shall place the restriction on the driver’s license record of the person that states the driver is restricted to driving only vehicles equipped with a functioning, certified ignition interlock device for the applicable term.
(ii) The person may apply to the department for a restriction of the driving privilege under Section 13352.4.
(iii) The person may apply to the department for a restriction of the driving privilege under paragraph (1) of subdivision (a) of Section 13352 or subdivision (c) of Section 13352.1.
(B) Upon a conviction with one prior, punishable under Section 23540, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 12 months.
(C) Upon a conviction with two priors, punishable under Section 23546, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 24 months.
(D) Upon a conviction with three or more priors punishable under Section 23550, or a conviction punishable under Section
23550.5, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 36 months.
(2) A person convicted of a violation of subdivision (a), (b), (d), (e), or (n) of Section 23153 shall install a functioning, certified ignition interlock device, as follows:
(A) Upon a conviction with no priors, punishable under Section 23554, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 12 months.
(B) Upon a conviction with one prior, punishable under Section 23560, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by
that person for a mandatory term of 24 months.
(C) Upon a conviction with two priors, punishable under Section 23550 or 23566, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 36 months.
(D) Upon a conviction with one prior punishable under Section 23550.5, the person shall install a functioning, certified ignition interlock device in the vehicle, as ordered by the court, that is operated by that person for a mandatory term of 48 months.
(3) For the purposes of paragraphs (1) and (2), “prior” means a conviction for a separate violation of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, subdivision (a) or (b) of Section 191.5 of, or subdivision (a) of Section 192.5 of,
the Penal Code, or subdivision (b), (c), (d), (e), or (f) of Section 655 of the Harbors and Navigation Code, that occurred within 10 years of the current violation.
(4) The terms prescribed in this subdivision shall begin once a person has complied with subparagraph (B) of paragraph (1) of subdivision (d) and either upon the reinstatement of the privilege to drive pursuant to Section 13352 or the issuance of a restricted driver’s license pursuant to Section 13352. A person shall receive credit for any period in which he or she had a restricted driver’s license issued pursuant to Section 13353.6 or 13353.75.
(i) Subdivisions (g), (h), (j), and (k) of Section 23575 apply to this section.
(j) If a person fails to comply with any of the requirements regarding ignition interlock devices, the period in which the person was
not in compliance shall not be credited towards the mandatory term for which the ignition interlock device is required to be installed.
(k) (1) Every manufacturer and manufacturer’s agent certified by the department to provide ignition interlock devices, under Section 13386, shall adopt the following fee schedule that provides for the payment of the costs of the certified ignition interlock device by offenders subject to this chapter in amounts commensurate with that person’s income relative to the federal poverty level, as defined in Section 127400 of the Health and Safety Code:
(A) A person with an income at 100 percent of the federal poverty level or below and who provides income verification pursuant to paragraph (2) is responsible for 10 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs
accrued by the person for noncompliance with program requirements.
(B) A person with an income at 101 to 200 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 25 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
(C) A person with an income at 201 to 300 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 50 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
(D) A person who is receiving CalFresh benefits and who provides
proof of those benefits to the manufacturer or manufacturer’s agent or authorized installer is responsible for 50 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
(E) A person with an income at 301 to 400 percent of the federal poverty level and who provides income verification pursuant to paragraph (2) is responsible for 90 percent of the cost of the manufacturer’s standard ignition interlock device program costs, and any additional costs accrued by the person for noncompliance with program requirements.
(F) All other offenders are responsible for 100 percent of the cost of the ignition interlock device.
(G) The manufacturer is responsible for the percentage of costs that the
offender is not responsible for pursuant to subparagraphs (A) to (E), inclusive.
(2) The ignition interlock device provider shall verify the offender’s income to determine the cost of the ignition interlock device pursuant to this subdivision by verifying one of the following documents from the offender:
(A) The previous year’s federal income tax return.
(B) The previous three months of weekly or monthly income statements.
(C) Employment Development Department verification of unemployment benefits.
(l) The Department of Consumer Affairs may impose a civil assessment not to exceed one thousand dollars ($1,000) upon a manufacturer or manufacturer’s agent certified to provide ignition
interlock devices who fails to inform an offender subject to this chapter of the provisions of subdivision (k), or who fails to comply with the provisions of subdivision (k).
(m) This section does not permit a person to drive without a valid driver’s license.
(n) The requirements of this section are in addition to any other requirements of law.
(o) For the purposes of this section, the following definitions apply:
(1) “Bypass” means either of the following:
(A) Failure to take any random retest.
(B) Failure to pass a random retest with a breath alcohol concentration not exceeding 0.03 percent, by weight of alcohol, in the
person’s blood.
(2) “Operates” includes operating a vehicle that is not owned by the person subject to this section.
(3) “Owned” means solely owned or owned in conjunction with another person or legal entity.
(4) “Random retest” means a breath test performed by the driver upon a certified ignition interlock device at random intervals after the initial engine startup breath test and while the vehicle’s motor is running.
(5) “Vehicle” does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. A person subject to an ignition interlock device restriction shall not operate a motorcycle for the duration of the ignition interlock device restriction period.
(p) The requirements of this section shall apply only to a person who is convicted for a violation of Section 23152 or 23153 that occurred on or after January 1, 2019.
(q) This section shall become operative on January 1, 2019.
(r) This section shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2026, deletes or extends that date.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 10.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
