| Old | New | Differences | |
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| 1 | - | Amended IN | |
| 1 | + | Amended IN Senate January 06, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 684Introduced by Senator UmbergFebruary 22, 2019 An act to add and repeal Section 2425 of the Vehicle Code, relating to traffic safety.An act to amend Section 9096 of the Elections Code, relating to elections.LEGISLATIVE COUNSEL'S DIGESTSB 684, as amended, Umberg. Traffic safety: driving under the influence of cannabis pilot program. Elections: voter information guides.Existing law requires the Secretary of State to mail a specified number of copies of the state voter information guide and the full text of state measures to specified elections officials, Members of the Legislature, public libraries, and public schools and educational institutions.This bill would reduce the number of copies the Secretary of State is required to send to the persons and institutions described above.Existing law establishes the Department of the California Highway Patrol, tasked with, among other things, the enforcement of all laws regulating the operation of vehicles and the use of the highways, as specified.Existing law creates the California Cannabis Tax Fund for the collection of taxes related to the sales of cannabis and cannabis products. Existing law allocates a portion of that fund to the Department of the California Highway Patrol to fund internal programs and grants, including grants to local governments for the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis.This bill would authorize a pilot program to be administered by the department and conducted in 3 cities, as specified. The program, if funded by the department using discretionary funds available from the California Cannabis Tax Fund, would fund the testing, as specified, of drivers suspected of driving under the influence of cannabis for the purpose of data collection and would require the participating cities to return that data to the department. The bill would also require the department, at the conclusion of the pilot program, to submit a report to the Legislature, detailing its findings and recommendations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 9096 of the Elections Code is amended to read:9096. (a) As soon as copies of the state voter information guide and copies of the full text of all measures described in subdivision (f) of Section 9086 are available, the Secretary of State shall immediately mail the following number of copies to the listed persons and places: one copy to all of the following persons:(1) Five copies to each Each county elections official or registrar of voters.(2) Six copies to each Each city elections official.(3) Five copies to each Each Member of the Legislature.(4) Five copies to the The proponents of each ballot measure.(b) The Secretary of State shall also mail:(1) Two copies to each public library and branch of each public library.(2) Twelve Five copies to each public high school or other public school teaching at least the 11th and 12th grades, and 25 five copies to each public postsecondary educational institution. Upon(c) Upon request, and in at the discretion of the Secretary of State, additional copies may be furnished to these persons and institutions. the persons and institutions described in this section.(c)(d) No later than one business day after receipt of a request from a voter, the Secretary of State shall mail the full text of a state measure described in subdivision (f) of Section 9086 to the voter.SECTION 1.Section 2425 is added to the Vehicle Code, to read:2425.(a)A pilot program to detect an individual operating a vehicle while impaired by cannabis is hereby established.(b)The pilot program shall be administered by the Department of the California Highway Patrol and shall be funded to the extent the commissioner agrees to provide funding pursuant to subparagraph (B) of paragraph (3) of subdivision (f) of Section 34019 of the Revenue and Taxation Code.(c)To the extent funding pursuant to subdivision (b) is made available, the department shall select three cities in three separate counties that agree to participate in the program.(d)To the extent funding pursuant to subdivision (b) is made available, the department shall provide those cities with the necessary equipment, materials, instruction, and support necessary to carry out the program.(e)The testing device selected for the program shall be one that can be conducted by the officer in a roadside setting with minimal intrusion to the test subject, including, but not limited to, a skin swab, oral swab, saliva, or breath test. The testing device shall provide an accurate measurement of delta-9-tetrahydrocannabinol in the body within accepted scientific standards. The testing device shall be of the type, or configured in a manner, that the result of the test shall not be visible to the officer administering the test.(f)The primary law enforcement agency in each participating city shall, for the duration of the pilot program, participate as follows:(1)Commencing on July 1, 2020, until June 30, 2022, peace officers encountering drivers during their regular enforcement activities that they suspect may be driving while impaired by cannabis shall request the driver to consent to a roadside chemical test, as provided by the Department of the California Highway Patrol as part of the pilot program.(2)The driver shall be informed that the test is being conducted for research purposes only and shall not be used to determine any criminal enforcement action nor be used in any prosecution or administrative licensing action against the driver, and that they are free to refuse the test. The driver shall be given a card, provided by the Department of the California Highway Patrol as part of the pilot program, that provides this admonition in writing.(3)The officer administering the test shall not base any enforcement action upon a drivers acceptance or refusal of the test, nor shall the test result, if it becomes known to the officer, influence any enforcement action.(4)For each test given, the officer shall complete a short report form, provided by the Department of the California Highway Patrol as part of the pilot program, that includes the observations by the officer of the test subjects driving behavior, behavior during detention, and objective symptoms of impairment. The report shall not include any information personally identifying the test subject or their vehicle. The sample taken, the test result, or some other means of cross-referencing the test result to the report shall be appended to or included in the report.(5)The form described in paragraph (4) and the test sample or test result shall not be provided to the district attorney for any reason and shall not be used in any prosecution of or testimony against the test subject, nor used to justify any enforcement action against that person, including future enforcement action.(6)Each participating agency shall, at intervals and in the form prescribed by the Department of the California Highway Patrol, report the data collected pursuant to this section to the department.(g)The Department of the California Highway Patrol shall, if the pilot program described in this section is implemented, by no later than January 1, 2023, report to the Legislature the findings of the pilot program and any recommendations. The report shall be submitted in compliance with Section 9795 of the Government Code.(h)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2025. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate January 06, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 684Introduced by Senator UmbergFebruary 22, 2019 An act to add and repeal Section 2425 of the Vehicle Code, relating to traffic safety.An act to amend Section 9096 of the Elections Code, relating to elections.LEGISLATIVE COUNSEL'S DIGESTSB 684, as amended, Umberg. Traffic safety: driving under the influence of cannabis pilot program. Elections: voter information guides.Existing law requires the Secretary of State to mail a specified number of copies of the state voter information guide and the full text of state measures to specified elections officials, Members of the Legislature, public libraries, and public schools and educational institutions.This bill would reduce the number of copies the Secretary of State is required to send to the persons and institutions described above.Existing law establishes the Department of the California Highway Patrol, tasked with, among other things, the enforcement of all laws regulating the operation of vehicles and the use of the highways, as specified.Existing law creates the California Cannabis Tax Fund for the collection of taxes related to the sales of cannabis and cannabis products. Existing law allocates a portion of that fund to the Department of the California Highway Patrol to fund internal programs and grants, including grants to local governments for the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis.This bill would authorize a pilot program to be administered by the department and conducted in 3 cities, as specified. The program, if funded by the department using discretionary funds available from the California Cannabis Tax Fund, would fund the testing, as specified, of drivers suspected of driving under the influence of cannabis for the purpose of data collection and would require the participating cities to return that data to the department. The bill would also require the department, at the conclusion of the pilot program, to submit a report to the Legislature, detailing its findings and recommendations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate January 06, 2020 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly July 13, 2020 | |
| 8 | 7 | Amended IN Senate January 06, 2020 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Senate Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 684 | |
| 15 | 14 | ||
| 16 | - | Introduced by Senator | |
| 15 | + | Introduced by Senator UmbergFebruary 22, 2019 | |
| 17 | 16 | ||
| 18 | - | Introduced by Senator Umberg | |
| 17 | + | Introduced by Senator Umberg | |
| 19 | 18 | February 22, 2019 | |
| 20 | 19 | ||
| 21 | - | An act to amend Section 9096 | |
| 20 | + | An act to add and repeal Section 2425 of the Vehicle Code, relating to traffic safety.An act to amend Section 9096 of the Elections Code, relating to elections. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | SB 684, as amended, Umberg | |
| 26 | + | SB 684, as amended, Umberg. Traffic safety: driving under the influence of cannabis pilot program. Elections: voter information guides. | |
| 28 | 27 | ||
| 29 | - | Existing law allows the proponents of a statewide initiative or referendum measure to withdraw the measure after filing the petition with the appropriate elections official at any time before the Secretary of State certifies that the measure has qualified for the ballot. Withdrawal of a statewide initiative or referendum measure is effective upon receipt by the Secretary of State of a written notice of withdrawal, signed by all proponents of the measure.This bill would prohibit a written notice of withdrawal submitted by the proponents of a statewide initiative or referendum measure from including any conditions that must be satisfied in order for the Secretary of State to deem the withdrawal to be effective, and would require the Secretary of State to reject any notice that purports to impose such a condition on the withdrawal of a measure. The bill would expressly state that these provisions will become operative on January 1, 2021.Existing law requires the Secretary of State to mail a specified number of copies of the state voter information guide and the full text of state measures to specified elections officials, Members of the Legislature, public libraries, and public schools and educational institutions.This bill would reduce the number of copies the Secretary of State is required to send to the persons and institutions described above. | |
| 30 | - | ||
| 31 | - | Existing law allows the proponents of a statewide initiative or referendum measure to withdraw the measure after filing the petition with the appropriate elections official at any time before the Secretary of State certifies that the measure has qualified for the ballot. Withdrawal of a statewide initiative or referendum measure is effective upon receipt by the Secretary of State of a written notice of withdrawal, signed by all proponents of the measure. | |
| 32 | - | ||
| 33 | - | This bill would prohibit a written notice of withdrawal submitted by the proponents of a statewide initiative or referendum measure from including any conditions that must be satisfied in order for the Secretary of State to deem the withdrawal to be effective, and would require the Secretary of State to reject any notice that purports to impose such a condition on the withdrawal of a measure. The bill would expressly state that these provisions will become operative on January 1, 2021. | |
| 28 | + | Existing law requires the Secretary of State to mail a specified number of copies of the state voter information guide and the full text of state measures to specified elections officials, Members of the Legislature, public libraries, and public schools and educational institutions.This bill would reduce the number of copies the Secretary of State is required to send to the persons and institutions described above.Existing law establishes the Department of the California Highway Patrol, tasked with, among other things, the enforcement of all laws regulating the operation of vehicles and the use of the highways, as specified.Existing law creates the California Cannabis Tax Fund for the collection of taxes related to the sales of cannabis and cannabis products. Existing law allocates a portion of that fund to the Department of the California Highway Patrol to fund internal programs and grants, including grants to local governments for the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis.This bill would authorize a pilot program to be administered by the department and conducted in 3 cities, as specified. The program, if funded by the department using discretionary funds available from the California Cannabis Tax Fund, would fund the testing, as specified, of drivers suspected of driving under the influence of cannabis for the purpose of data collection and would require the participating cities to return that data to the department. The bill would also require the department, at the conclusion of the pilot program, to submit a report to the Legislature, detailing its findings and recommendations. | |
| 34 | 29 | ||
| 35 | 30 | Existing law requires the Secretary of State to mail a specified number of copies of the state voter information guide and the full text of state measures to specified elections officials, Members of the Legislature, public libraries, and public schools and educational institutions. | |
| 36 | 31 | ||
| 32 | + | This bill would reduce the number of copies the Secretary of State is required to send to the persons and institutions described above. | |
| 33 | + | ||
| 34 | + | Existing law establishes the Department of the California Highway Patrol, tasked with, among other things, the enforcement of all laws regulating the operation of vehicles and the use of the highways, as specified. | |
| 37 | 35 | ||
| 38 | 36 | ||
| 39 | - | This bill would reduce the number of copies the Secretary of State is required to send to the persons and institutions described above. | |
| 37 | + | ||
| 38 | + | Existing law creates the California Cannabis Tax Fund for the collection of taxes related to the sales of cannabis and cannabis products. Existing law allocates a portion of that fund to the Department of the California Highway Patrol to fund internal programs and grants, including grants to local governments for the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis. | |
| 39 | + | ||
| 40 | + | ||
| 41 | + | ||
| 42 | + | This bill would authorize a pilot program to be administered by the department and conducted in 3 cities, as specified. The program, if funded by the department using discretionary funds available from the California Cannabis Tax Fund, would fund the testing, as specified, of drivers suspected of driving under the influence of cannabis for the purpose of data collection and would require the participating cities to return that data to the department. The bill would also require the department, at the conclusion of the pilot program, to submit a report to the Legislature, detailing its findings and recommendations. | |
| 40 | 43 | ||
| 41 | 44 | ||
| 42 | 45 | ||
| 43 | 46 | ## Digest Key | |
| 44 | 47 | ||
| 45 | 48 | ## Bill Text | |
| 46 | 49 | ||
| 47 | - | The people of the State of California do enact as follows:SECTION 1. Section | |
| 50 | + | The people of the State of California do enact as follows:SECTION 1. Section 9096 of the Elections Code is amended to read:9096. (a) As soon as copies of the state voter information guide and copies of the full text of all measures described in subdivision (f) of Section 9086 are available, the Secretary of State shall immediately mail the following number of copies to the listed persons and places: one copy to all of the following persons:(1) Five copies to each Each county elections official or registrar of voters.(2) Six copies to each Each city elections official.(3) Five copies to each Each Member of the Legislature.(4) Five copies to the The proponents of each ballot measure.(b) The Secretary of State shall also mail:(1) Two copies to each public library and branch of each public library.(2) Twelve Five copies to each public high school or other public school teaching at least the 11th and 12th grades, and 25 five copies to each public postsecondary educational institution. Upon(c) Upon request, and in at the discretion of the Secretary of State, additional copies may be furnished to these persons and institutions. the persons and institutions described in this section.(c)(d) No later than one business day after receipt of a request from a voter, the Secretary of State shall mail the full text of a state measure described in subdivision (f) of Section 9086 to the voter.SECTION 1.Section 2425 is added to the Vehicle Code, to read:2425.(a)A pilot program to detect an individual operating a vehicle while impaired by cannabis is hereby established.(b)The pilot program shall be administered by the Department of the California Highway Patrol and shall be funded to the extent the commissioner agrees to provide funding pursuant to subparagraph (B) of paragraph (3) of subdivision (f) of Section 34019 of the Revenue and Taxation Code.(c)To the extent funding pursuant to subdivision (b) is made available, the department shall select three cities in three separate counties that agree to participate in the program.(d)To the extent funding pursuant to subdivision (b) is made available, the department shall provide those cities with the necessary equipment, materials, instruction, and support necessary to carry out the program.(e)The testing device selected for the program shall be one that can be conducted by the officer in a roadside setting with minimal intrusion to the test subject, including, but not limited to, a skin swab, oral swab, saliva, or breath test. The testing device shall provide an accurate measurement of delta-9-tetrahydrocannabinol in the body within accepted scientific standards. The testing device shall be of the type, or configured in a manner, that the result of the test shall not be visible to the officer administering the test.(f)The primary law enforcement agency in each participating city shall, for the duration of the pilot program, participate as follows:(1)Commencing on July 1, 2020, until June 30, 2022, peace officers encountering drivers during their regular enforcement activities that they suspect may be driving while impaired by cannabis shall request the driver to consent to a roadside chemical test, as provided by the Department of the California Highway Patrol as part of the pilot program.(2)The driver shall be informed that the test is being conducted for research purposes only and shall not be used to determine any criminal enforcement action nor be used in any prosecution or administrative licensing action against the driver, and that they are free to refuse the test. The driver shall be given a card, provided by the Department of the California Highway Patrol as part of the pilot program, that provides this admonition in writing.(3)The officer administering the test shall not base any enforcement action upon a drivers acceptance or refusal of the test, nor shall the test result, if it becomes known to the officer, influence any enforcement action.(4)For each test given, the officer shall complete a short report form, provided by the Department of the California Highway Patrol as part of the pilot program, that includes the observations by the officer of the test subjects driving behavior, behavior during detention, and objective symptoms of impairment. The report shall not include any information personally identifying the test subject or their vehicle. The sample taken, the test result, or some other means of cross-referencing the test result to the report shall be appended to or included in the report.(5)The form described in paragraph (4) and the test sample or test result shall not be provided to the district attorney for any reason and shall not be used in any prosecution of or testimony against the test subject, nor used to justify any enforcement action against that person, including future enforcement action.(6)Each participating agency shall, at intervals and in the form prescribed by the Department of the California Highway Patrol, report the data collected pursuant to this section to the department.(g)The Department of the California Highway Patrol shall, if the pilot program described in this section is implemented, by no later than January 1, 2023, report to the Legislature the findings of the pilot program and any recommendations. The report shall be submitted in compliance with Section 9795 of the Government Code.(h)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2025. | |
| 48 | 51 | ||
| 49 | 52 | The people of the State of California do enact as follows: | |
| 50 | 53 | ||
| 51 | 54 | ## The people of the State of California do enact as follows: | |
| 52 | 55 | ||
| 53 | - | SECTION 1. Section | |
| 56 | + | SECTION 1. Section 9096 of the Elections Code is amended to read:9096. (a) As soon as copies of the state voter information guide and copies of the full text of all measures described in subdivision (f) of Section 9086 are available, the Secretary of State shall immediately mail the following number of copies to the listed persons and places: one copy to all of the following persons:(1) Five copies to each Each county elections official or registrar of voters.(2) Six copies to each Each city elections official.(3) Five copies to each Each Member of the Legislature.(4) Five copies to the The proponents of each ballot measure.(b) The Secretary of State shall also mail:(1) Two copies to each public library and branch of each public library.(2) Twelve Five copies to each public high school or other public school teaching at least the 11th and 12th grades, and 25 five copies to each public postsecondary educational institution. Upon(c) Upon request, and in at the discretion of the Secretary of State, additional copies may be furnished to these persons and institutions. the persons and institutions described in this section.(c)(d) No later than one business day after receipt of a request from a voter, the Secretary of State shall mail the full text of a state measure described in subdivision (f) of Section 9086 to the voter. | |
| 54 | 57 | ||
| 55 | - | SECTION 1. Section | |
| 58 | + | SECTION 1. Section 9096 of the Elections Code is amended to read: | |
| 56 | 59 | ||
| 57 | 60 | ### SECTION 1. | |
| 58 | 61 | ||
| 59 | - | ||
| 62 | + | 9096. (a) As soon as copies of the state voter information guide and copies of the full text of all measures described in subdivision (f) of Section 9086 are available, the Secretary of State shall immediately mail the following number of copies to the listed persons and places: one copy to all of the following persons:(1) Five copies to each Each county elections official or registrar of voters.(2) Six copies to each Each city elections official.(3) Five copies to each Each Member of the Legislature.(4) Five copies to the The proponents of each ballot measure.(b) The Secretary of State shall also mail:(1) Two copies to each public library and branch of each public library.(2) Twelve Five copies to each public high school or other public school teaching at least the 11th and 12th grades, and 25 five copies to each public postsecondary educational institution. Upon(c) Upon request, and in at the discretion of the Secretary of State, additional copies may be furnished to these persons and institutions. the persons and institutions described in this section.(c)(d) No later than one business day after receipt of a request from a voter, the Secretary of State shall mail the full text of a state measure described in subdivision (f) of Section 9086 to the voter. | |
| 60 | 63 | ||
| 61 | - | ||
| 64 | + | 9096. (a) As soon as copies of the state voter information guide and copies of the full text of all measures described in subdivision (f) of Section 9086 are available, the Secretary of State shall immediately mail the following number of copies to the listed persons and places: one copy to all of the following persons:(1) Five copies to each Each county elections official or registrar of voters.(2) Six copies to each Each city elections official.(3) Five copies to each Each Member of the Legislature.(4) Five copies to the The proponents of each ballot measure.(b) The Secretary of State shall also mail:(1) Two copies to each public library and branch of each public library.(2) Twelve Five copies to each public high school or other public school teaching at least the 11th and 12th grades, and 25 five copies to each public postsecondary educational institution. Upon(c) Upon request, and in at the discretion of the Secretary of State, additional copies may be furnished to these persons and institutions. the persons and institutions described in this section.(c)(d) No later than one business day after receipt of a request from a voter, the Secretary of State shall mail the full text of a state measure described in subdivision (f) of Section 9086 to the voter. | |
| 62 | 65 | ||
| 63 | - | ||
| 66 | + | 9096. (a) As soon as copies of the state voter information guide and copies of the full text of all measures described in subdivision (f) of Section 9086 are available, the Secretary of State shall immediately mail the following number of copies to the listed persons and places: one copy to all of the following persons:(1) Five copies to each Each county elections official or registrar of voters.(2) Six copies to each Each city elections official.(3) Five copies to each Each Member of the Legislature.(4) Five copies to the The proponents of each ballot measure.(b) The Secretary of State shall also mail:(1) Two copies to each public library and branch of each public library.(2) Twelve Five copies to each public high school or other public school teaching at least the 11th and 12th grades, and 25 five copies to each public postsecondary educational institution. Upon(c) Upon request, and in at the discretion of the Secretary of State, additional copies may be furnished to these persons and institutions. the persons and institutions described in this section.(c)(d) No later than one business day after receipt of a request from a voter, the Secretary of State shall mail the full text of a state measure described in subdivision (f) of Section 9086 to the voter. | |
| 64 | 67 | ||
| 65 | 68 | ||
| 66 | 69 | ||
| 67 | - | ||
| 70 | + | 9096. (a) As soon as copies of the state voter information guide and copies of the full text of all measures described in subdivision (f) of Section 9086 are available, the Secretary of State shall immediately mail the following number of copies to the listed persons and places: one copy to all of the following persons: | |
| 68 | 71 | ||
| 69 | - | ( | |
| 72 | + | (1) Five copies to each Each county elections official or registrar of voters. | |
| 70 | 73 | ||
| 71 | - | ( | |
| 74 | + | (2) Six copies to each Each city elections official. | |
| 72 | 75 | ||
| 73 | - | ( | |
| 76 | + | (3) Five copies to each Each Member of the Legislature. | |
| 74 | 77 | ||
| 75 | - | ||
| 78 | + | (4) Five copies to the The proponents of each ballot measure. | |
| 76 | 79 | ||
| 77 | - | ||
| 80 | + | (b) The Secretary of State shall also mail: | |
| 78 | 81 | ||
| 79 | - | ||
| 82 | + | (1) Two copies to each public library and branch of each public library. | |
| 80 | 83 | ||
| 81 | - | ### SEC. 2. | |
| 84 | + | (2) Twelve Five copies to each public high school or other public school teaching at least the 11th and 12th grades, and 25 five copies to each public postsecondary educational institution. Upon | |
| 85 | + | ||
| 86 | + | (c) Upon request, and in at the discretion of the Secretary of State, additional copies may be furnished to these persons and institutions. the persons and institutions described in this section. | |
| 87 | + | ||
| 88 | + | (c) | |
| 89 | + | ||
| 90 | + | ||
| 91 | + | ||
| 92 | + | (d) No later than one business day after receipt of a request from a voter, the Secretary of State shall mail the full text of a state measure described in subdivision (f) of Section 9086 to the voter. | |
| 82 | 93 | ||
| 83 | 94 | ||
| 84 | 95 | ||
| 85 | 96 | ||
| 86 | 97 | ||
| 87 | - | (a) | |
| 98 | + | (a)A pilot program to detect an individual operating a vehicle while impaired by cannabis is hereby established. | |
| 88 | 99 | ||
| 89 | 100 | ||
| 90 | 101 | ||
| 91 | - | ( | |
| 102 | + | (b)The pilot program shall be administered by the Department of the California Highway Patrol and shall be funded to the extent the commissioner agrees to provide funding pursuant to subparagraph (B) of paragraph (3) of subdivision (f) of Section 34019 of the Revenue and Taxation Code. | |
| 92 | 103 | ||
| 93 | 104 | ||
| 94 | 105 | ||
| 95 | - | ( | |
| 106 | + | (c)To the extent funding pursuant to subdivision (b) is made available, the department shall select three cities in three separate counties that agree to participate in the program. | |
| 96 | 107 | ||
| 97 | 108 | ||
| 98 | 109 | ||
| 99 | - | ( | |
| 110 | + | (d)To the extent funding pursuant to subdivision (b) is made available, the department shall provide those cities with the necessary equipment, materials, instruction, and support necessary to carry out the program. | |
| 100 | 111 | ||
| 101 | 112 | ||
| 102 | 113 | ||
| 103 | - | ( | |
| 114 | + | (e)The testing device selected for the program shall be one that can be conducted by the officer in a roadside setting with minimal intrusion to the test subject, including, but not limited to, a skin swab, oral swab, saliva, or breath test. The testing device shall provide an accurate measurement of delta-9-tetrahydrocannabinol in the body within accepted scientific standards. The testing device shall be of the type, or configured in a manner, that the result of the test shall not be visible to the officer administering the test. | |
| 104 | 115 | ||
| 105 | 116 | ||
| 106 | 117 | ||
| 107 | - | ( | |
| 118 | + | (f)The primary law enforcement agency in each participating city shall, for the duration of the pilot program, participate as follows: | |
| 108 | 119 | ||
| 109 | 120 | ||
| 110 | 121 | ||
| 111 | - | (1) | |
| 122 | + | (1)Commencing on July 1, 2020, until June 30, 2022, peace officers encountering drivers during their regular enforcement activities that they suspect may be driving while impaired by cannabis shall request the driver to consent to a roadside chemical test, as provided by the Department of the California Highway Patrol as part of the pilot program. | |
| 112 | 123 | ||
| 113 | 124 | ||
| 114 | 125 | ||
| 115 | - | (2) | |
| 126 | + | (2)The driver shall be informed that the test is being conducted for research purposes only and shall not be used to determine any criminal enforcement action nor be used in any prosecution or administrative licensing action against the driver, and that they are free to refuse the test. The driver shall be given a card, provided by the Department of the California Highway Patrol as part of the pilot program, that provides this admonition in writing. | |
| 116 | 127 | ||
| 117 | 128 | ||
| 118 | 129 | ||
| 119 | - | ( | |
| 130 | + | (3)The officer administering the test shall not base any enforcement action upon a drivers acceptance or refusal of the test, nor shall the test result, if it becomes known to the officer, influence any enforcement action. | |
| 120 | 131 | ||
| 121 | 132 | ||
| 122 | 133 | ||
| 123 | - | (d)No later than one business day after receipt of a request from a voter, the Secretary of State shall mail the full text of a state measure described in subdivision (f) of Section 9086 to the voter. | |
| 134 | + | (4)For each test given, the officer shall complete a short report form, provided by the Department of the California Highway Patrol as part of the pilot program, that includes the observations by the officer of the test subjects driving behavior, behavior during detention, and objective symptoms of impairment. The report shall not include any information personally identifying the test subject or their vehicle. The sample taken, the test result, or some other means of cross-referencing the test result to the report shall be appended to or included in the report. | |
| 135 | + | ||
| 136 | + | ||
| 137 | + | ||
| 138 | + | (5)The form described in paragraph (4) and the test sample or test result shall not be provided to the district attorney for any reason and shall not be used in any prosecution of or testimony against the test subject, nor used to justify any enforcement action against that person, including future enforcement action. | |
| 139 | + | ||
| 140 | + | ||
| 141 | + | ||
| 142 | + | (6)Each participating agency shall, at intervals and in the form prescribed by the Department of the California Highway Patrol, report the data collected pursuant to this section to the department. | |
| 143 | + | ||
| 144 | + | ||
| 145 | + | ||
| 146 | + | (g)The Department of the California Highway Patrol shall, if the pilot program described in this section is implemented, by no later than January 1, 2023, report to the Legislature the findings of the pilot program and any recommendations. The report shall be submitted in compliance with Section 9795 of the Government Code. | |
| 147 | + | ||
| 148 | + | ||
| 149 | + | ||
| 150 | + | (h)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2025. |