CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2058Introduced by Assembly Member ChauFebruary 06, 2018 An act to amend Section 1821 of, and to add Section 23155 to, the Vehicle Code, relating to driving under the influence. LEGISLATIVE COUNSEL'S DIGESTAB 2058, as introduced, Chau. Vehicles: driving under the influence: statistics.Existing law requires the Department of Motor Vehicles to establish and maintain a data and monitoring system, as specified, to evaluate the efficacy of intervention programs for persons convicted of those violations relating to alcohol and drugs, and to report thereon annually to the Legislature.This bill would require any law enforcement agency, as specified, to annually report to the Department of Motor Vehicles the number of arrests made for driving under the influence and the number of those arrests in which cannabis was suspected to be the substance, or one of the substances, of which the person was under the influence.This bill would require the Department of Motor Vehicles to include that data in its annual report to the Legislature.Because this bill would make new reporting requirements for local law enforcement agencies, it 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1821 of the Vehicle Code is amended to read:1821. (a) The department shall establish and maintain a data and monitoring system to evaluate the efficacy of intervention programs for persons convicted of violations of Section 23152 or 23153.(b) The system may include a recidivism tracking system. The recidivism tracking system may include, but not be limited to, jail sentencing, license restriction, license suspension, level I (first offender) and II (multiple offender) alcohol and drug education and treatment program assignment, alcohol and drug education treatment program readmission and dropout rates, adjudicating court, length of jail term, actual jail or alternative sentence served, type of treatment program assigned, actual program compliance status, subsequent accidents related to driving under the influence of alcohol or drugs, and subsequent convictions of violations of Section 23152 or 23153.(c) The systems described in subdivisions (a) and (b) shall include an evaluation of the efficacy of the increased level of intervention resulting from the act that added this subdivision.(d) The department shall submit an annual report of its evaluations to the Legislature. The evaluations shall include a ranking of the relative efficacy of criminal penalties, other sanctions, and intervention programs and the various combinations thereof, including, but not limited to, those described in subdivision (c).(e) The report described in subdivision (d) shall include statistical data on the number of driving under the influence arrests in which the driver was suspected of being under the influence of cannabis or a combination of cannabis and alcohol or another drug as reported to the department pursuant to Section 23155.SEC. 2. Section 23155 is added to the Vehicle Code, to read:23155. (a) On or before February 1, 2021, and annually thereafter, each law enforcement agency having traffic law enforcement responsibility within their respective jurisdiction, including, without limitation, each city police department, county sheriffs department, and the Department of the California Highway Patrol shall annually, on a form developed by, or in a format prescribed by, the Department of Motor Vehicles, submit to the Department of Motor Vehicles the number of arrests made during the preceeding calendar year for any violation of subdivision (f) or (g) of Section 23152 or subdivision (f) or (g) of Section 23153 that involved cannabis as the drug, or one of the drugs, of which the arrestee was suspected of being under the influence, as well as the total number of arrests for violations of Sections 23152 and 23153.(b) On or before January 1, 2020, the Department of Motor Vehicles shall develop a form, or prescribe a format for the reporting of the data required to be submitted pursuant to subdivision (a).SEC. 3. 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.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2058Introduced by Assembly Member ChauFebruary 06, 2018 An act to amend Section 1821 of, and to add Section 23155 to, the Vehicle Code, relating to driving under the influence. LEGISLATIVE COUNSEL'S DIGESTAB 2058, as introduced, Chau. Vehicles: driving under the influence: statistics.Existing law requires the Department of Motor Vehicles to establish and maintain a data and monitoring system, as specified, to evaluate the efficacy of intervention programs for persons convicted of those violations relating to alcohol and drugs, and to report thereon annually to the Legislature.This bill would require any law enforcement agency, as specified, to annually report to the Department of Motor Vehicles the number of arrests made for driving under the influence and the number of those arrests in which cannabis was suspected to be the substance, or one of the substances, of which the person was under the influence.This bill would require the Department of Motor Vehicles to include that data in its annual report to the Legislature.Because this bill would make new reporting requirements for local law enforcement agencies, it 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2058
Introduced by Assembly Member ChauFebruary 06, 2018
Introduced by Assembly Member Chau
February 06, 2018
An act to amend Section 1821 of, and to add Section 23155 to, the Vehicle Code, relating to driving under the influence.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2058, as introduced, Chau. Vehicles: driving under the influence: statistics.
Existing law requires the Department of Motor Vehicles to establish and maintain a data and monitoring system, as specified, to evaluate the efficacy of intervention programs for persons convicted of those violations relating to alcohol and drugs, and to report thereon annually to the Legislature.This bill would require any law enforcement agency, as specified, to annually report to the Department of Motor Vehicles the number of arrests made for driving under the influence and the number of those arrests in which cannabis was suspected to be the substance, or one of the substances, of which the person was under the influence.This bill would require the Department of Motor Vehicles to include that data in its annual report to the Legislature.Because this bill would make new reporting requirements for local law enforcement agencies, it 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.
Existing law requires the Department of Motor Vehicles to establish and maintain a data and monitoring system, as specified, to evaluate the efficacy of intervention programs for persons convicted of those violations relating to alcohol and drugs, and to report thereon annually to the Legislature.
This bill would require any law enforcement agency, as specified, to annually report to the Department of Motor Vehicles the number of arrests made for driving under the influence and the number of those arrests in which cannabis was suspected to be the substance, or one of the substances, of which the person was under the influence.
This bill would require the Department of Motor Vehicles to include that data in its annual report to the Legislature.
Because this bill would make new reporting requirements for local law enforcement agencies, it 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1821 of the Vehicle Code is amended to read:1821. (a) The department shall establish and maintain a data and monitoring system to evaluate the efficacy of intervention programs for persons convicted of violations of Section 23152 or 23153.(b) The system may include a recidivism tracking system. The recidivism tracking system may include, but not be limited to, jail sentencing, license restriction, license suspension, level I (first offender) and II (multiple offender) alcohol and drug education and treatment program assignment, alcohol and drug education treatment program readmission and dropout rates, adjudicating court, length of jail term, actual jail or alternative sentence served, type of treatment program assigned, actual program compliance status, subsequent accidents related to driving under the influence of alcohol or drugs, and subsequent convictions of violations of Section 23152 or 23153.(c) The systems described in subdivisions (a) and (b) shall include an evaluation of the efficacy of the increased level of intervention resulting from the act that added this subdivision.(d) The department shall submit an annual report of its evaluations to the Legislature. The evaluations shall include a ranking of the relative efficacy of criminal penalties, other sanctions, and intervention programs and the various combinations thereof, including, but not limited to, those described in subdivision (c).(e) The report described in subdivision (d) shall include statistical data on the number of driving under the influence arrests in which the driver was suspected of being under the influence of cannabis or a combination of cannabis and alcohol or another drug as reported to the department pursuant to Section 23155.SEC. 2. Section 23155 is added to the Vehicle Code, to read:23155. (a) On or before February 1, 2021, and annually thereafter, each law enforcement agency having traffic law enforcement responsibility within their respective jurisdiction, including, without limitation, each city police department, county sheriffs department, and the Department of the California Highway Patrol shall annually, on a form developed by, or in a format prescribed by, the Department of Motor Vehicles, submit to the Department of Motor Vehicles the number of arrests made during the preceeding calendar year for any violation of subdivision (f) or (g) of Section 23152 or subdivision (f) or (g) of Section 23153 that involved cannabis as the drug, or one of the drugs, of which the arrestee was suspected of being under the influence, as well as the total number of arrests for violations of Sections 23152 and 23153.(b) On or before January 1, 2020, the Department of Motor Vehicles shall develop a form, or prescribe a format for the reporting of the data required to be submitted pursuant to subdivision (a).SEC. 3. 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1821 of the Vehicle Code is amended to read:1821. (a) The department shall establish and maintain a data and monitoring system to evaluate the efficacy of intervention programs for persons convicted of violations of Section 23152 or 23153.(b) The system may include a recidivism tracking system. The recidivism tracking system may include, but not be limited to, jail sentencing, license restriction, license suspension, level I (first offender) and II (multiple offender) alcohol and drug education and treatment program assignment, alcohol and drug education treatment program readmission and dropout rates, adjudicating court, length of jail term, actual jail or alternative sentence served, type of treatment program assigned, actual program compliance status, subsequent accidents related to driving under the influence of alcohol or drugs, and subsequent convictions of violations of Section 23152 or 23153.(c) The systems described in subdivisions (a) and (b) shall include an evaluation of the efficacy of the increased level of intervention resulting from the act that added this subdivision.(d) The department shall submit an annual report of its evaluations to the Legislature. The evaluations shall include a ranking of the relative efficacy of criminal penalties, other sanctions, and intervention programs and the various combinations thereof, including, but not limited to, those described in subdivision (c).(e) The report described in subdivision (d) shall include statistical data on the number of driving under the influence arrests in which the driver was suspected of being under the influence of cannabis or a combination of cannabis and alcohol or another drug as reported to the department pursuant to Section 23155.
SECTION 1. Section 1821 of the Vehicle Code is amended to read:
### SECTION 1.
1821. (a) The department shall establish and maintain a data and monitoring system to evaluate the efficacy of intervention programs for persons convicted of violations of Section 23152 or 23153.(b) The system may include a recidivism tracking system. The recidivism tracking system may include, but not be limited to, jail sentencing, license restriction, license suspension, level I (first offender) and II (multiple offender) alcohol and drug education and treatment program assignment, alcohol and drug education treatment program readmission and dropout rates, adjudicating court, length of jail term, actual jail or alternative sentence served, type of treatment program assigned, actual program compliance status, subsequent accidents related to driving under the influence of alcohol or drugs, and subsequent convictions of violations of Section 23152 or 23153.(c) The systems described in subdivisions (a) and (b) shall include an evaluation of the efficacy of the increased level of intervention resulting from the act that added this subdivision.(d) The department shall submit an annual report of its evaluations to the Legislature. The evaluations shall include a ranking of the relative efficacy of criminal penalties, other sanctions, and intervention programs and the various combinations thereof, including, but not limited to, those described in subdivision (c).(e) The report described in subdivision (d) shall include statistical data on the number of driving under the influence arrests in which the driver was suspected of being under the influence of cannabis or a combination of cannabis and alcohol or another drug as reported to the department pursuant to Section 23155.
1821. (a) The department shall establish and maintain a data and monitoring system to evaluate the efficacy of intervention programs for persons convicted of violations of Section 23152 or 23153.(b) The system may include a recidivism tracking system. The recidivism tracking system may include, but not be limited to, jail sentencing, license restriction, license suspension, level I (first offender) and II (multiple offender) alcohol and drug education and treatment program assignment, alcohol and drug education treatment program readmission and dropout rates, adjudicating court, length of jail term, actual jail or alternative sentence served, type of treatment program assigned, actual program compliance status, subsequent accidents related to driving under the influence of alcohol or drugs, and subsequent convictions of violations of Section 23152 or 23153.(c) The systems described in subdivisions (a) and (b) shall include an evaluation of the efficacy of the increased level of intervention resulting from the act that added this subdivision.(d) The department shall submit an annual report of its evaluations to the Legislature. The evaluations shall include a ranking of the relative efficacy of criminal penalties, other sanctions, and intervention programs and the various combinations thereof, including, but not limited to, those described in subdivision (c).(e) The report described in subdivision (d) shall include statistical data on the number of driving under the influence arrests in which the driver was suspected of being under the influence of cannabis or a combination of cannabis and alcohol or another drug as reported to the department pursuant to Section 23155.
1821. (a) The department shall establish and maintain a data and monitoring system to evaluate the efficacy of intervention programs for persons convicted of violations of Section 23152 or 23153.(b) The system may include a recidivism tracking system. The recidivism tracking system may include, but not be limited to, jail sentencing, license restriction, license suspension, level I (first offender) and II (multiple offender) alcohol and drug education and treatment program assignment, alcohol and drug education treatment program readmission and dropout rates, adjudicating court, length of jail term, actual jail or alternative sentence served, type of treatment program assigned, actual program compliance status, subsequent accidents related to driving under the influence of alcohol or drugs, and subsequent convictions of violations of Section 23152 or 23153.(c) The systems described in subdivisions (a) and (b) shall include an evaluation of the efficacy of the increased level of intervention resulting from the act that added this subdivision.(d) The department shall submit an annual report of its evaluations to the Legislature. The evaluations shall include a ranking of the relative efficacy of criminal penalties, other sanctions, and intervention programs and the various combinations thereof, including, but not limited to, those described in subdivision (c).(e) The report described in subdivision (d) shall include statistical data on the number of driving under the influence arrests in which the driver was suspected of being under the influence of cannabis or a combination of cannabis and alcohol or another drug as reported to the department pursuant to Section 23155.
1821. (a) The department shall establish and maintain a data and monitoring system to evaluate the efficacy of intervention programs for persons convicted of violations of Section 23152 or 23153.
(b) The system may include a recidivism tracking system. The recidivism tracking system may include, but not be limited to, jail sentencing, license restriction, license suspension, level I (first offender) and II (multiple offender) alcohol and drug education and treatment program assignment, alcohol and drug education treatment program readmission and dropout rates, adjudicating court, length of jail term, actual jail or alternative sentence served, type of treatment program assigned, actual program compliance status, subsequent accidents related to driving under the influence of alcohol or drugs, and subsequent convictions of violations of Section 23152 or 23153.
(c) The systems described in subdivisions (a) and (b) shall include an evaluation of the efficacy of the increased level of intervention resulting from the act that added this subdivision.
(d) The department shall submit an annual report of its evaluations to the Legislature. The evaluations shall include a ranking of the relative efficacy of criminal penalties, other sanctions, and intervention programs and the various combinations thereof, including, but not limited to, those described in subdivision (c).
(e) The report described in subdivision (d) shall include statistical data on the number of driving under the influence arrests in which the driver was suspected of being under the influence of cannabis or a combination of cannabis and alcohol or another drug as reported to the department pursuant to Section 23155.
SEC. 2. Section 23155 is added to the Vehicle Code, to read:23155. (a) On or before February 1, 2021, and annually thereafter, each law enforcement agency having traffic law enforcement responsibility within their respective jurisdiction, including, without limitation, each city police department, county sheriffs department, and the Department of the California Highway Patrol shall annually, on a form developed by, or in a format prescribed by, the Department of Motor Vehicles, submit to the Department of Motor Vehicles the number of arrests made during the preceeding calendar year for any violation of subdivision (f) or (g) of Section 23152 or subdivision (f) or (g) of Section 23153 that involved cannabis as the drug, or one of the drugs, of which the arrestee was suspected of being under the influence, as well as the total number of arrests for violations of Sections 23152 and 23153.(b) On or before January 1, 2020, the Department of Motor Vehicles shall develop a form, or prescribe a format for the reporting of the data required to be submitted pursuant to subdivision (a).
SEC. 2. Section 23155 is added to the Vehicle Code, to read:
### SEC. 2.
23155. (a) On or before February 1, 2021, and annually thereafter, each law enforcement agency having traffic law enforcement responsibility within their respective jurisdiction, including, without limitation, each city police department, county sheriffs department, and the Department of the California Highway Patrol shall annually, on a form developed by, or in a format prescribed by, the Department of Motor Vehicles, submit to the Department of Motor Vehicles the number of arrests made during the preceeding calendar year for any violation of subdivision (f) or (g) of Section 23152 or subdivision (f) or (g) of Section 23153 that involved cannabis as the drug, or one of the drugs, of which the arrestee was suspected of being under the influence, as well as the total number of arrests for violations of Sections 23152 and 23153.(b) On or before January 1, 2020, the Department of Motor Vehicles shall develop a form, or prescribe a format for the reporting of the data required to be submitted pursuant to subdivision (a).
23155. (a) On or before February 1, 2021, and annually thereafter, each law enforcement agency having traffic law enforcement responsibility within their respective jurisdiction, including, without limitation, each city police department, county sheriffs department, and the Department of the California Highway Patrol shall annually, on a form developed by, or in a format prescribed by, the Department of Motor Vehicles, submit to the Department of Motor Vehicles the number of arrests made during the preceeding calendar year for any violation of subdivision (f) or (g) of Section 23152 or subdivision (f) or (g) of Section 23153 that involved cannabis as the drug, or one of the drugs, of which the arrestee was suspected of being under the influence, as well as the total number of arrests for violations of Sections 23152 and 23153.(b) On or before January 1, 2020, the Department of Motor Vehicles shall develop a form, or prescribe a format for the reporting of the data required to be submitted pursuant to subdivision (a).
23155. (a) On or before February 1, 2021, and annually thereafter, each law enforcement agency having traffic law enforcement responsibility within their respective jurisdiction, including, without limitation, each city police department, county sheriffs department, and the Department of the California Highway Patrol shall annually, on a form developed by, or in a format prescribed by, the Department of Motor Vehicles, submit to the Department of Motor Vehicles the number of arrests made during the preceeding calendar year for any violation of subdivision (f) or (g) of Section 23152 or subdivision (f) or (g) of Section 23153 that involved cannabis as the drug, or one of the drugs, of which the arrestee was suspected of being under the influence, as well as the total number of arrests for violations of Sections 23152 and 23153.(b) On or before January 1, 2020, the Department of Motor Vehicles shall develop a form, or prescribe a format for the reporting of the data required to be submitted pursuant to subdivision (a).
23155. (a) On or before February 1, 2021, and annually thereafter, each law enforcement agency having traffic law enforcement responsibility within their respective jurisdiction, including, without limitation, each city police department, county sheriffs department, and the Department of the California Highway Patrol shall annually, on a form developed by, or in a format prescribed by, the Department of Motor Vehicles, submit to the Department of Motor Vehicles the number of arrests made during the preceeding calendar year for any violation of subdivision (f) or (g) of Section 23152 or subdivision (f) or (g) of Section 23153 that involved cannabis as the drug, or one of the drugs, of which the arrestee was suspected of being under the influence, as well as the total number of arrests for violations of Sections 23152 and 23153.
(b) On or before January 1, 2020, the Department of Motor Vehicles shall develop a form, or prescribe a format for the reporting of the data required to be submitted pursuant to subdivision (a).
SEC. 3. 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. 3. 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. 3. 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. 3.