Amended  IN  Senate  May 14, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 127

Introduced by Assembly Member Lackey
(Coauthor: Assembly Member Cooper)
(Coauthors: Senators Chang and Wilk)

December 04, 2018

An act to amend Section 23152 of add Section 23152.5 to the Vehicle Code, relating to driving under the influence, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 127, as amended, Lackey. Driving under the influence: research.
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. A violation of this prohibition is a crime.
This bill would exempt from that prohibition a person who is under the influence of a drug or the combined influence of an alcoholic beverage and a drug for purposes of conducting research on impaired driving while driving a vehicle under the supervision of, and on the property of, the Department of the California Highway Patrol.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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.

(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.

(3)In a 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 a drug to drive a vehicle. This subdivision does not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11876) 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 a drug to drive a vehicle.

(g)It is unlawful for a person who is under the combined influence of an alcoholic beverage and drug to drive a vehicle.

(h)This section does not apply to a person who is under the influence of a drug or the combined influence of an alcoholic beverage and drug for purposes of conducting research on impaired driving who is driving a vehicle under the supervision of, and on the property of, the Department of the California Highway Patrol.

SECTION 1.

 Section 23152.5 is added to the Vehicle Code, to read:

23152.5.
 Notwithstanding Section 23152, a person who is under the influence of a drug or the combined influence of an alcoholic beverage and drug who is under the supervision of, and on the property of, the Department of the California Highway Patrol may drive a vehicle for purposes of conducting research on impaired driving.

SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to promote public safety by facilitating research conducted by the Department of the California Highway Patrol regarding impaired driving as soon as possible, it is necessary that this act take effect immediately.