AB 2552 Bill Introduced in California

BILL NUMBER: AB 2552 INTRODUCED
 BILL TEXT


INTRODUCED BY   Assembly Member Torres

                        FEBRUARY 24, 2012

   An act to amend Section 23152 of the Vehicle Code, relating to
driving under the influence.


 LEGISLATIVE COUNSEL'S DIGEST


   AB 2552, as introduced, Torres. Driving under the influence.
   Existing law prohibits a person who is under the influence of any
alcoholic beverage or drug, or under the combined influence of any
alcoholic beverage and drug to drive a vehicle.
   This bill would make it a crime for a person who has any level of
cannabinoids or synthetic cannabinoid compound, as defined, in his or
her blood or urine to drive a vehicle. This bill would establish a
rebuttable presumption that a person had cannabinoids or synthetic
cannabinoid compound in his or her blood or urine at the time he or
she drove a vehicle if the substance is present in his or her blood
or urine at the time of a chemical test performed within three hours
after driving. This bill would impose a state-mandated local program
by expanding the definition of a crime.
   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.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 23152 of the Vehicle Code, as amended by
Section 31 of Chapter 455 of the Statutes of 1995, is amended to
read:
   23152.  (a) It is unlawful for any person who is under the
influence of any alcoholic beverage or drug, or under the combined
influence of any alcoholic beverage and drug, to drive a vehicle.
   (b) It is unlawful for any 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 any 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 any 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 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) This section shall become operative on January 1, 1992, and
shall remain operative until the director determines that federal
regulations adopted pursuant to the Commercial Motor Vehicle Safety
Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51
or 391.15 of Title 49 of the Code of Federal Regulations do not
require the state to prohibit operation of commercial vehicles when
the operator has a concentration of alcohol in his or her blood of
0.04 percent by weight or more.
   (f) The director shall submit a notice of the determination under
subdivision (e) to the Secretary of State, and this section shall be
repealed upon the receipt of that notice by the Secretary of State.

   (g) It is unlawful for any person who has any level of
cannabinoids or synthetic cannabinoid compound in his or her blood or
urine to drive a vehicle. For purposes of this subdivision,
"synthetic cannabinoid compound" has the same meaning as defined in
Section 11357.5 of the Health and Safety Code. For purposes of this
subdivision, it is a rebuttable presumption that a cannabinoid or
synthetic cannabinoid compound is in a person's blood or urine at the
time of driving the vehicle if the substance is present at the time
of the performance of a chemical test within three hours after
driving. 
  SEC. 3.  Section 23152 of the Vehicle Code, as amended by Section
32 of Chapter 455 of the Statutes of 1995, is amended to read:
   23152.  (a) It is unlawful for any person who is under the
influence of any alcoholic beverage or drug, or under the combined
influence of any alcoholic beverage and drug, to drive a vehicle.
   (b) It is unlawful for any 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 any 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 any person who has any level of
cannabinoids or synthetic cannabinoid compound in his or her blood or
urine to drive a vehicle. For purposes of this subdivision,
"synthetic cannabinoid compound" has the same meaning as defined in
Section 11357.5 of the Health and Safety Code. For purposes of this
subdivision, it is a rebuttable presumption that a cannabinoid or
synthetic cannabinoid compound is in a person's blood or urine at the
time of driving the vehicle if the substance is present at the time
of the performance of a chemical test within three hours after
driving.  
   (d) 
    (e)  This section shall become operative only upon the
receipt by the Secretary of State of the notice specified in
subdivision (f) of Section 23152, as added by Section 25 of Chapter
1114 of the Statutes of 1989.
  SEC. 4.  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.