SB 1273

Bill Subjects

Abstract

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. Existing law also prohibits a person from driving under the influence and proximately causing bodily harm to another person, as specified. Existing law defines a drug, for purposes of these provisions as any substance, or combination of substances, other than alcohol, which can affect the nervous system, brain, or muscles of a person in a manner that impairs the ability to safely drive a vehicle. This bill would recast these provisions to make driving under the influence of several classifications of drugs each a separate offense, with no changes to the penalty. Under existing law, it is an infraction for a person under 21 years of age who has a blood-alcohol concentration of 0.01% or greater to drive a vehicle. Under existing law, a person under 21 years of age who has a blood alcohol concentration of 0.01% or more while operating a motor vehicle will have his or her driver's license suspended by the department for no less than one year. Existing law provides the procedure for the arresting officer, acting on behalf of the Department of Motor Vehicles, to serve a notice of order of suspension, seize the person's license, and issue a temporary license. This bill would make it an infraction for a person under 21 years of age who has any detectable quantity of delta-9-tetrahydrocannabinol in his or her body to drive a vehicle. By creating a new crime, this bill would impose a state-mandated local program. The bill would make a person under 21 years of age who has any detectible amount of delta-9-tetrahydrocannabinol in his or her body subject to a written warning on the first incident, an administratively assessed violation point against his or her drivers license upon a 2nd incident, as provided, and to the same license suspension specified above, upon a 3rd instance. The bill would make other conforming changes. By increasing the administrative duties of local peace officers in enforcing this prohibition, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.