Bill Text: CA AB1829 | 2015-2016 | Regular Session | Chaptered
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-Chaptered.html
BILL NUMBER: AB 1829 CHAPTERED
BILL TEXT
CHAPTER 68
FILED WITH SECRETARY OF STATE JULY 22, 2016
APPROVED BY GOVERNOR JULY 22, 2016
PASSED THE SENATE JUNE 30, 2016
PASSED THE ASSEMBLY APRIL 21, 2016
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Members Levine and 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, Levine. Vessels: operation under the influence of alcohol
or drugs: chemical testing.
Existing law makes it unlawful for any person to operate a vessel
or water-related device while under the influence of an alcoholic
beverage or 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 when the individual is arrested for these actions. Existing law
requires the arrested individual to be informed that a refusal to
submit to, or failure to complete, the required chemical testing may
be used against the person in court and that the court, upon
convicting the arrested individual, may impose increased penalties
for his or her refusal or failure.
This bill would instead require the arrested individual to be
advised that a criminal complaint may be filed against him or her for
operating a vessel or water-related device while under the influence
of an alcoholic beverage or any drug, or both; that he or she has a
right to refuse chemical testing; and that the officer has the
authority to seek a search warrant compelling him or her to submit a
blood sample. By imposing new duties on local peace officers, 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 these
statutory provisions.
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) (1) 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.
(2) The arrested person shall be advised of all of the following:
(A) A criminal complaint may be filed against him or her for
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.
(B) He or she has a right to refuse chemical testing.
(C) An officer has the authority to seek a search warrant
compelling the arrested person to submit a blood sample as described
in paragraph (16) of subdivision (a) of Section 1524 of the Penal
Code.
(D) 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.
(c) 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.
(d) 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.
(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 advised of the information specified in
paragraph (2) of subdivision (b).
(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 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.
SEC. 2. 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.
