| 1 | 1 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1192Introduced by Assembly Member FongFebruary 21, 2019 An act to amend Section 23152 of the Vehicle Code, relating to driving under the influence. LEGISLATIVE COUNSEL'S DIGESTAB 1192, as introduced, Fong. Vehicles: driving under the influence.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.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe 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) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her their blood to drive a vehicle.For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a persons blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.In any 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 their 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 their 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 any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) 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 their 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 their 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 their 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 their 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 their 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 their 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 any drug to drive a vehicle.(g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1192Introduced by Assembly Member FongFebruary 21, 2019 An act to amend Section 23152 of the Vehicle Code, relating to driving under the influence. LEGISLATIVE COUNSEL'S DIGESTAB 1192, as introduced, Fong. Vehicles: driving under the influence.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.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill No. 1192 |
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| 12 | 12 | | |
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| 13 | 13 | | Introduced by Assembly Member FongFebruary 21, 2019 |
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| 15 | 15 | | Introduced by Assembly Member Fong |
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| 16 | 16 | | February 21, 2019 |
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| 17 | 17 | | |
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| 18 | 18 | | An act to amend Section 23152 of the Vehicle Code, relating to driving under the influence. |
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| 19 | 19 | | |
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| 20 | 20 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 21 | 21 | | |
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| 22 | 22 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | AB 1192, as introduced, Fong. Vehicles: driving under the influence. |
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| 25 | 25 | | |
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| 26 | 26 | | 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.This bill would make technical, nonsubstantive changes to those provisions. |
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| 27 | 27 | | |
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| 28 | 28 | | 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. |
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| 29 | 29 | | |
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| 30 | 30 | | This bill would make technical, nonsubstantive changes to those provisions. |
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| 31 | 31 | | |
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| 32 | 32 | | ## Digest Key |
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| 33 | 33 | | |
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| 34 | 34 | | ## Bill Text |
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| 36 | 36 | | 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) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her their blood to drive a vehicle.For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a persons blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.In any 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 their 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 their 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 any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) 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 their 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 their 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 their 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 their 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 their 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 their 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 any drug to drive a vehicle.(g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle. |
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| 38 | 38 | | The people of the State of California do enact as follows: |
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| 40 | 40 | | ## The people of the State of California do enact as follows: |
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| 42 | 42 | | 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) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her their blood to drive a vehicle.For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a persons blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.In any 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 their 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 their 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 any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) 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 their 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 their 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 their 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 their 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 their 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 their 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 any drug to drive a vehicle.(g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle. |
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| 44 | 44 | | SECTION 1. Section 23152 of the Vehicle Code is amended to read: |
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| 46 | 46 | | ### SECTION 1. |
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| 48 | 48 | | 23152. (a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her their blood to drive a vehicle.For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a persons blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.In any 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 their 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 their 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 any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) 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 their 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 their 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 their 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 their 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 their 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 their 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 any drug to drive a vehicle.(g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle. |
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| 50 | 50 | | 23152. (a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her their blood to drive a vehicle.For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a persons blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.In any 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 their 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 their 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 any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) 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 their 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 their 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 their 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 their 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 their 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 their 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 any drug to drive a vehicle.(g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle. |
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| 52 | 52 | | 23152. (a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her their blood to drive a vehicle.For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a persons blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.In any 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 their 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 their 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 any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) 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 their 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 their 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 their 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 their 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 their 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 their 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 any drug to drive a vehicle.(g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle. |
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| 56 | 56 | | 23152. (a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. |
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| 58 | 58 | | (b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her their blood to drive a vehicle. |
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| 59 | 59 | | |
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| 60 | 60 | | For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a persons blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. |
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| 61 | 61 | | |
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| 62 | 62 | | In any 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 their 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 their blood at the time of the performance of a chemical test within three hours after the driving. |
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| 64 | 64 | | (c) It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code. |
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| 66 | 66 | | (d) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her their 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 their 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 their blood at the time of the performance of a chemical test within three hours after the driving. |
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| 68 | 68 | | (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 their 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 their 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 their blood at the time of the performance of a chemical test within three hours after the driving. |
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| 70 | 70 | | (f) It is unlawful for a person who is under the influence of any drug to drive a vehicle. |
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| 72 | 72 | | (g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle. |
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