California 2017-2018 Regular Session

California Senate Bill SB65 Compare Versions

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1		-	Senate Bill No. ~~65 CHAPTER 232~~ An act to amend Sections 23220 and 23221 of the Vehicle Code, relating to vehicles. ~~[ Approved by Governor September 11, 2017. Filed with Secretary of State September 11, 2017. ]~~ LEGISLATIVE COUNSEL'S DIGESTSB 65, Hill. Vehicles: alcohol and marijuana: penalties.Existing law makes it an infraction to drink any alcoholic beverage while driving a motor vehicle upon any highway or on other specified lands. Existing law also prohibits a driver or passenger from drinking any alcoholic beverage while in a motor vehicle upon a highway, and makes a violation of this provision punishable as an infraction.This bill would instead make drinking an alcoholic beverage or smoking or ingesting marijuana or any marijuana product while driving, or while riding as a passenger in, a motor vehicle being driven upon a highway or upon specified lands punishable as an infraction.By expanding the scope of existing crimes, 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 no reimbursement is required by this act for a specified reason.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 23220 of the Vehicle Code is amended to read:23220. (a) A person shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while driving a motor vehicle on any lands described in subdivision (c).(b) A person shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while riding as a passenger in any motor vehicle being driven on any lands described in subdivision (c).(c) As used in this section, lands means those lands to which the Chappie-Zberg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.(d) A violation of subdivision (a) or (b) shall be punished as an infraction.SEC. 2. Section 23221 of the Vehicle Code is amended to read:23221. (a) A driver shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while driving a motor vehicle upon a highway.(b) A passenger shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while in a motor vehicle being driven upon a highway.(c) A violation of this section shall be punished as an infraction.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
	1	+	Enrolled August 25, 2017 Passed IN Senate May 30, 2017 Passed IN Assembly August 24, 2017 Amended IN Senate May 11, 2017 Amended IN Senate May 03, 2017 Amended IN Senate April 17, 2017 Amended IN Senate March 27, 2017 Amended IN Senate March 20, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 65Introduced by Senator Hill(Principal coauthors: Assembly Members Low and Lackey)December 29, 2016 An act to amend Sections 23220 and 23221 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTSB 65, Hill. Vehicles: alcohol and marijuana: penalties.Existing law makes it an infraction to drink any alcoholic beverage while driving a motor vehicle upon any highway or on other specified lands. Existing law also prohibits a driver or passenger from drinking any alcoholic beverage while in a motor vehicle upon a highway, and makes a violation of this provision punishable as an infraction.This bill would instead make drinking an alcoholic beverage or smoking or ingesting marijuana or any marijuana product while driving, or while riding as a passenger in, a motor vehicle being driven upon a highway or upon specified lands punishable as an infraction.By expanding the scope of existing crimes, 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 no reimbursement is required by this act for a specified reason.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 23220 of the Vehicle Code is amended to read:23220. (a) A person shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while driving a motor vehicle on any lands described in subdivision (c).(b) A person shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while riding as a passenger in any motor vehicle being driven on any lands described in subdivision (c).(c) As used in this section, lands means those lands to which the Chappie-Zberg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.(d) A violation of subdivision (a) or (b) shall be punished as an infraction.SEC. 2. Section 23221 of the Vehicle Code is amended to read:23221. (a) A driver shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while driving a motor vehicle upon a highway.(b) A passenger shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while in a motor vehicle being driven upon a highway.(c) A violation of this section shall be punished as an infraction.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
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3		-	Senate Bill No. 65 CHAPTER 232 An act to amend Sections 23220 and 23221 of the Vehicle Code, relating to vehicles. [ Approved by Governor September 11, 2017. Filed with Secretary of State September 11, 2017. ] LEGISLATIVE COUNSEL'S DIGESTSB 65, Hill. Vehicles: alcohol and marijuana: penalties.Existing law makes it an infraction to drink any alcoholic beverage while driving a motor vehicle upon any highway or on other specified lands. Existing law also prohibits a driver or passenger from drinking any alcoholic beverage while in a motor vehicle upon a highway, and makes a violation of this provision punishable as an infraction.This bill would instead make drinking an alcoholic beverage or smoking or ingesting marijuana or any marijuana product while driving, or while riding as a passenger in, a motor vehicle being driven upon a highway or upon specified lands punishable as an infraction.By expanding the scope of existing crimes, 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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
	3	+	Enrolled August 25, 2017 Passed IN Senate May 30, 2017 Passed IN Assembly August 24, 2017 Amended IN Senate May 11, 2017 Amended IN Senate May 03, 2017 Amended IN Senate April 17, 2017 Amended IN Senate March 27, 2017 Amended IN Senate March 20, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 65Introduced by Senator Hill(Principal coauthors: Assembly Members Low and Lackey)December 29, 2016 An act to amend Sections 23220 and 23221 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTSB 65, Hill. Vehicles: alcohol and marijuana: penalties.Existing law makes it an infraction to drink any alcoholic beverage while driving a motor vehicle upon any highway or on other specified lands. Existing law also prohibits a driver or passenger from drinking any alcoholic beverage while in a motor vehicle upon a highway, and makes a violation of this provision punishable as an infraction.This bill would instead make drinking an alcoholic beverage or smoking or ingesting marijuana or any marijuana product while driving, or while riding as a passenger in, a motor vehicle being driven upon a highway or upon specified lands punishable as an infraction.By expanding the scope of existing crimes, 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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
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	5	+	Enrolled August 25, 2017 Passed IN Senate May 30, 2017 Passed IN Assembly August 24, 2017 Amended IN Senate May 11, 2017 Amended IN Senate May 03, 2017 Amended IN Senate April 17, 2017 Amended IN Senate March 27, 2017 Amended IN Senate March 20, 2017
	6	+
	7	+	Enrolled August 25, 2017
	8	+	Passed IN Senate May 30, 2017
	9	+	Passed IN Assembly August 24, 2017
	10	+	Amended IN Senate May 11, 2017
	11	+	Amended IN Senate May 03, 2017
	12	+	Amended IN Senate April 17, 2017
	13	+	Amended IN Senate March 27, 2017
	14	+	Amended IN Senate March 20, 2017
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	16	+	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
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5	18		Senate Bill No. 65
6		-	CHAPTER 232
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	20	+	Introduced by Senator Hill(Principal coauthors: Assembly Members Low and Lackey)December 29, 2016
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	22	+	Introduced by Senator Hill(Principal coauthors: Assembly Members Low and Lackey)
	23	+	December 29, 2016
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8	25		An act to amend Sections 23220 and 23221 of the Vehicle Code, relating to vehicles.
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10		-	[ Approved by Governor September 11, 2017. Filed with Secretary of State September 11, 2017. ]
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12	27		LEGISLATIVE COUNSEL'S DIGEST
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14	29		## LEGISLATIVE COUNSEL'S DIGEST
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16	31		SB 65, Hill. Vehicles: alcohol and marijuana: penalties.
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18	33		Existing law makes it an infraction to drink any alcoholic beverage while driving a motor vehicle upon any highway or on other specified lands. Existing law also prohibits a driver or passenger from drinking any alcoholic beverage while in a motor vehicle upon a highway, and makes a violation of this provision punishable as an infraction.This bill would instead make drinking an alcoholic beverage or smoking or ingesting marijuana or any marijuana product while driving, or while riding as a passenger in, a motor vehicle being driven upon a highway or upon specified lands punishable as an infraction.By expanding the scope of existing crimes, 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 no reimbursement is required by this act for a specified reason.
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20	35		Existing law makes it an infraction to drink any alcoholic beverage while driving a motor vehicle upon any highway or on other specified lands. Existing law also prohibits a driver or passenger from drinking any alcoholic beverage while in a motor vehicle upon a highway, and makes a violation of this provision punishable as an infraction.
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22	37		This bill would instead make drinking an alcoholic beverage or smoking or ingesting marijuana or any marijuana product while driving, or while riding as a passenger in, a motor vehicle being driven upon a highway or upon specified lands punishable as an infraction.
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24	39		By expanding the scope of existing crimes, this bill would impose a state-mandated local program.
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26	41		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.
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28	43		This bill would provide that no reimbursement is required by this act for a specified reason.
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30	45		## Digest Key
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32	47		## Bill Text
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34	49		The people of the State of California do enact as follows:SECTION 1. Section 23220 of the Vehicle Code is amended to read:23220. (a) A person shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while driving a motor vehicle on any lands described in subdivision (c).(b) A person shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while riding as a passenger in any motor vehicle being driven on any lands described in subdivision (c).(c) As used in this section, lands means those lands to which the Chappie-Zberg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.(d) A violation of subdivision (a) or (b) shall be punished as an infraction.SEC. 2. Section 23221 of the Vehicle Code is amended to read:23221. (a) A driver shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while driving a motor vehicle upon a highway.(b) A passenger shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while in a motor vehicle being driven upon a highway.(c) A violation of this section shall be punished as an infraction.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
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36	51		The people of the State of California do enact as follows:
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38	53		## The people of the State of California do enact as follows:
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40	55		SECTION 1. Section 23220 of the Vehicle Code is amended to read:23220. (a) A person shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while driving a motor vehicle on any lands described in subdivision (c).(b) A person shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while riding as a passenger in any motor vehicle being driven on any lands described in subdivision (c).(c) As used in this section, lands means those lands to which the Chappie-Zberg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.(d) A violation of subdivision (a) or (b) shall be punished as an infraction.
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42	57		SECTION 1. Section 23220 of the Vehicle Code is amended to read:
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44	59		### SECTION 1.
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46	61		23220. (a) A person shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while driving a motor vehicle on any lands described in subdivision (c).(b) A person shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while riding as a passenger in any motor vehicle being driven on any lands described in subdivision (c).(c) As used in this section, lands means those lands to which the Chappie-Zberg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.(d) A violation of subdivision (a) or (b) shall be punished as an infraction.
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48	63		23220. (a) A person shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while driving a motor vehicle on any lands described in subdivision (c).(b) A person shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while riding as a passenger in any motor vehicle being driven on any lands described in subdivision (c).(c) As used in this section, lands means those lands to which the Chappie-Zberg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.(d) A violation of subdivision (a) or (b) shall be punished as an infraction.
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50	65		23220. (a) A person shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while driving a motor vehicle on any lands described in subdivision (c).(b) A person shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while riding as a passenger in any motor vehicle being driven on any lands described in subdivision (c).(c) As used in this section, lands means those lands to which the Chappie-Zberg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.(d) A violation of subdivision (a) or (b) shall be punished as an infraction.
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54	69		23220. (a) A person shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while driving a motor vehicle on any lands described in subdivision (c).
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56	71		(b) A person shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while riding as a passenger in any motor vehicle being driven on any lands described in subdivision (c).
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58	73		(c) As used in this section, lands means those lands to which the Chappie-Zberg Off-Highway Motor Vehicle Law of 1971 (Division 16.5 (commencing with Section 38000)) applies as to off-highway motor vehicles, as described in Section 38001.
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60	75		(d) A violation of subdivision (a) or (b) shall be punished as an infraction.
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62	77		SEC. 2. Section 23221 of the Vehicle Code is amended to read:23221. (a) A driver shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while driving a motor vehicle upon a highway.(b) A passenger shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while in a motor vehicle being driven upon a highway.(c) A violation of this section shall be punished as an infraction.
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64	79		SEC. 2. Section 23221 of the Vehicle Code is amended to read:
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66	81		### SEC. 2.
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68	83		23221. (a) A driver shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while driving a motor vehicle upon a highway.(b) A passenger shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while in a motor vehicle being driven upon a highway.(c) A violation of this section shall be punished as an infraction.
69	84
70	85		23221. (a) A driver shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while driving a motor vehicle upon a highway.(b) A passenger shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while in a motor vehicle being driven upon a highway.(c) A violation of this section shall be punished as an infraction.
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72	87		23221. (a) A driver shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while driving a motor vehicle upon a highway.(b) A passenger shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while in a motor vehicle being driven upon a highway.(c) A violation of this section shall be punished as an infraction.
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76	91		23221. (a) A driver shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while driving a motor vehicle upon a highway.
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78	93		(b) A passenger shall not drink any alcoholic beverage or smoke or ingest marijuana or any marijuana product while in a motor vehicle being driven upon a highway.
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80	95		(c) A violation of this section shall be punished as an infraction.
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82	97		SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
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84	99		SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
85	100
86	101		SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
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88	103		### SEC. 3.