Bill Text: CA AB1829 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vessels: operation under the influence of alcohol or drugs: chemical testing.

Spectrum: Bipartisan Bill

Status: (Passed) 2016-07-22 - Chaptered by Secretary of State - Chapter 68, Statutes of 2016. [AB1829 Detail]

Download: California-2015-AB1829-Introduced.html

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BILL NUMBER: AB 1829	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Achadjian

                        FEBRUARY 9, 2016

   An act to amend Section 655.1 of the Harbors and Navigation Code,
relating to vessels.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1829, as introduced, Achadjian. Vessels: operating while under
the influence.
   Existing law makes it unlawful for any person to operate a vessel
or water-related device while under the influence of an alcoholic
beverage, any drug, or both. Existing law directs the administration
of a chemical test that is used to analyze an individual's breath,
blood, or urine for evidence of drug or alcohol use under these
specified circumstances.
   This bill would make a nonsubstantive change to the latter
provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 655.1 of the Harbors and Navigation Code is
amended to read:
   655.1.  (a) As used in this section, "mechanically propelled
vessel" means any vessel actively propelled by machinery, whether or
not the machinery is the principal source of propulsion.
   (b) A peace officer, having reasonable cause to believe that any
person was operating a mechanically propelled vessel or manipulating
any water skis, aquaplane, or similar device under the influence of
an alcoholic beverage or any drug, or under the combined influence of
an alcoholic beverage and any drug, who lawfully arrests the person
for any violation of subdivision (b), (c), (d), (e), or (f) of
Section 655, may request that person to submit to chemical testing of
his or her blood, breath, or urine for the purpose of determining
the drug or alcoholic content of the blood. The arrested person shall
be informed that a refusal to submit to, or failure to complete, the
required chemical testing may be used against the person in a court
of law and that the court may impose increased penalties for that
refusal or failure, upon conviction.
   (c) (1) If the person is lawfully arrested for operating a
mechanically propelled vessel or manipulating any water skis,
aquaplane, or similar device under the influence of an alcoholic
beverage and submits to the chemical testing, the person has the
choice of whether the chemical test shall be of his or her blood or
breath and the person shall be advised by the arresting officer that
he or she has that choice. If the person arrested either is
incapable, or states that he or she is incapable, of completing the
chosen test, the person shall submit to the remaining test. If a
blood or breath test, or both, are unavailable, then subdivision (n)
applies.
   (2) If the person is lawfully arrested for operating a
mechanically propelled vessel or manipulating any water skis,
aquaplane, or similar device under the influence of any drug or the
combined influence of an alcoholic beverage and any drug and submits
to the chemical testing, the person has the choice of whether the
chemical test shall be of his or her blood, breath, or urine, and the
officer shall advise the person that he or she has that choice.
   (d) The arresting officer shall advise a person submitting to
chemical testing under this section that he or she does not have the
right to have an attorney present before stating whether he or she
will submit to the chemical testing, before deciding which chemical
test or tests to take, or during the administration of the chemical
test or tests chosen.
   (e) A person who chooses to submit to a breath test may also be
requested to submit to a blood or urine test if the arresting officer
has reasonable cause to believe that the person was operating a
mechanically propelled vessel or manipulating any water skis,
aquaplane, or similar device under the influence of any drug, or the
combined influence of an alcoholic beverage and any drug, and if the
arresting officer has a clear indication that a blood or urine test
will reveal evidence of the person being under the influence. The
arresting officer shall state in his or her report the facts upon
which that belief and that clear indication are based. The person
shall have the choice of submitting to and completing a blood or
urine test, and shall be advised by the arresting officer that he or
she is requested to submit to an additional test, and that he or she
may choose a test of either blood or urine. If the person arrested is
either incapable, or states that he or she is incapable, of
completing either chosen chemical test, the person shall submit to
and complete the other remaining chemical test.
   (f) (1) A person who chooses to submit to a breath test shall be
advised before or after the breath test that the breath-testing
equipment does not retain any sample of the breath, and that no
breath sample will be available after the breath test which could be
analyzed later by the person or any other person.
   (2) The person shall also be advised that, because no breath
sample is retained, the person will be given an opportunity to
provide a blood or urine sample that will be retained at no cost to
the person so that there will be something retained that may be
subsequently analyzed for the alcoholic content of the persons's
blood. If the person completes a breath test and wishes to provide a
blood or urine sample to be retained, the sample shall be collected
and retained in the same manner as if the person had chosen a blood
or urine test initially.
   (3) The person shall also be advised that the blood or urine
sample may be tested by either party in any criminal prosecution. The
failure of either party to perform this chemical test shall place no
duty upon the opposing party to perform the chemical test nor affect
the admissibility of any other evidence of the drug or alcoholic
content of the blood of the person arrested.
   (g) If the person is lawfully arrested for any offense allegedly
committed in violation of subdivision (b), (c), (d), (e), or (f) of
Section 655, and because of the need for medical treatment, the
person is first transported to a medical facility where it is not
feasible to administer a particular chemical test of, or to obtain a
particular sample of, the person's blood, breath, or urine, the
person has the choice of submitting to those chemical tests which are
available at the facility to which that person has been transported.
In this event, the arresting officer shall advise the person of
those chemical tests which are available at the medical facility, and
that the person's choice is limited to those chemical tests which
are available.
   (h) Any person who is unconscious or otherwise in a condition
rendering him or her incapable of refusal may be subjected to
chemical testing of his or her blood, breath, or urine for the
purpose of determining the drug or alcoholic content of the blood,
whether or not the person is informed that a refusal to submit to, or
failure to complete, the required chemical testing may be used
against the person in a court of law, and that the court may impose
increased penalties upon conviction.
   (i) Any person who is afflicted with hemophilia is exempt from the
blood test provided for in this section.
   (j) Any person who is afflicted with a heart condition and is
using an anticoagulant under the direction of a licensed physician
and surgeon is exempt from the blood test provided for in this
section.
   (k) A person lawfully arrested for any offense allegedly committed
while the person was operating a mechanically propelled vessel or
manipulating any water skis, aquaplane, or similar device in
violation of subdivision (b), (c), (d), (e), or (f) of Section 655
may request the arresting officer to have a chemical test made of his
or her blood or breath for the purpose of determining the drug or
alcoholic content of the blood and, if so requested, the arresting
officer shall have the chemical test performed. However, if a blood
or breath test, or both, are unavailable, then subdivision (n)
applies.
   (  l  ) Any chemical test of blood, breath, or urine to
determine the percentage, by weight, of alcohol in the blood shall be
performed in accordance with Section 23158 of the Vehicle Code.
   (m) Nothing in this section limits the authority of a peace
officer to gather evidence from a person lawfully arrested for a
violation of subdivision (b), (c), (d), (e), or (f) of Section 655.
   (n) If a blood or breath test is not available under paragraph (1)
of subdivision (c) or under subdivision (k), the person shall submit
to the remaining test in order to determine the  percent
  percentage,  by weight, of alcohol in the person'
s blood. If both the blood and breath tests are unavailable, the
person shall be deemed to have given his or her consent to chemical
testing of his or her urine and shall submit to a urine test.