California 2011-2012 Regular Session Status: Passed Senate

SB 50 — Vehicles: driving under the influence: controlled substances.

Last action — Set, first hearing. Failed passage in committee.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law makes it a crime for a person who is under the influence of alcohol or any drug, or under the combined influence of alcohol and any drug, to drive a vehicle. Existing law also makes it a crime for a person to drive a vehicle with 0.08% or more, by weight, of alcohol in his or her blood. This bill would, in addition, make it a crime for a person to have a controlled substance, as defined, in his or her blood while driving a vehicle. (2) Existing law makes it a crime for a person who drives a vehicle under the influence of alcohol or any drug, or under the combined influence of alcohol and any drug, to do any act forbidden by law or neglect any duty imposed by law while driving a vehicle when that act or neglected duty is the proximate cause of bodily injury to any person other than the driver. Existing law also makes it a crime for a person who drives a vehicle with 0.08% or more, by weight, of alcohol in his or her blood to do any act forbidden by law or neglect any duty imposed by law while driving a vehicle when that act or neglected duty is the proximate cause of bodily injury to any person other than the driver. This bill would, in addition, make it a crime for a person to have a controlled substance, as defined, in his or her blood while driving a vehicle and to do any act forbidden by law or neglect any duty imposed by law while driving when that act or neglected duty is the proximate cause of bodily injury to any person other than the driver. (3) Under existing law, there is a rebuttable evidentiary presumption that a person was under the influence of alcohol at the time he or she drove a vehicle if he or she had 0.08% or more, by weight, of alcohol in his or her blood at the time of a chemical test if the chemical test was done within 3 hours after the person drove the vehicle. This bill would create a rebuttable evidentiary presumption that a person had a controlled substance in his or her blood at the time he or she drove a vehicle if the person had a controlled substance, as defined, in his or her blood at the time of the performance of a chemical test if the test is done within 3 hours after the person drove the vehicle. (4) Because this bill would create new crimes, 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 no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Set, first hearing. Failed passage in committee.

  2. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  3. From committee: Be re-referred to Com. on PUB. S. (Ayes 8. Noes 1.) (June 11). Re-referred to Com. on PUB. S.

  4. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  5. Re-referred to Com. on RLS.

  6. Set, first hearing. Hearing canceled at the request of author.

  7. From committee with author's amendments. Read second time and amended. Re-referred to Com. on E. & R.

  8. Referred to Com. on E. & R.

  9. In Assembly. Read first time. Held at Desk.

  10. Read third time. Passed. (Ayes 37. Noes 0. Page 961.) Ordered to the Assembly.

  11. Read second time. Ordered to consent calendar.

  12. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.

  13. Set for hearing May 2.

  14. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 4. Noes 0. Page 541.) (April 5). Re-referred to Com. on APPR.

  15. Set for hearing April 5.

  16. Referred to Com. on E. & C.A.

  17. Read first time.

  18. From printer. May be acted upon on or after January 15.

  19. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Blakeslee · Cosponsor
  • Correa · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Correa

Co-sponsors (1)

  • Blakeslee

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Be referred to Committee on Public Safety.

Passed 8 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 8102
Total 8102
% of votes cast 73%9%0%18%
How each member voted (11)
Member Party Vote
Hagman — Yea
Butler — Nay
Carter — Yea
Knight — Yea
Donnelly — Yea
Silva — Yea
Skinner — Yea
Williams — Not Voting
Alejo — Not Voting
Hueso — Yea
Davis — Yea

Official roll call →

Consent Calendar 2nd

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Republican 1000
Democratic 1001
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Not Voting
Hancock — Yea
Evans — Yea
Cannella — Yea
Runner — Yea
Lowenthal — Yea
Corbett — Yea
De León — Yea
Fuller — Yea
Negrete McLeod — Yea
Rubio — Yea
Hernandez — Yea
Huff — Yea
Dutton — Yea
Blakeslee — Yea
Kehoe — Yea
Leno — Yea
Pavley — Not Voting
Price — Yea
Simitian — Yea
Vargas — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Anderson — Yea
Harman — Yea
Lieu — Yea
Liu — Yea
Steinberg — Yea
Walters — Yea
Wyland — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 50 do?
(1) Existing law makes it a crime for a person who is under the influence of alcohol or any drug, or under the combined influence of alcohol and any drug, to drive a vehicle. Existing law also makes it a crime for a person to drive a vehicle with 0.08% or more, by weight, of alcohol in his or her blood. This bill would, in addition, make it a crime for a person to have a controlled substance, as defined, in his or her blood while driving a vehicle. (2) Existing law makes it a crime for a person who drives a vehicle under the influence of alcohol or any drug, or under the combined influence of alcohol and any drug, to do any act forbidden by law or neglect any duty imposed by law while driving a vehicle when that act or neglected duty is the proximate cause of bodily injury to any person other than the driver. Existing law also makes it a crime for a person who drives a vehicle with 0.08% or more, by weight, of alcohol in his or her blood to do any act forbidden by law or neglect any duty imposed by law while driving a vehicle when that act or neglected duty is the proximate cause of bodily injury to any person other than the driver. This bill would, in addition, make it a crime for a person to have a controlled substance, as defined, in his or her blood while driving a vehicle and to do any act forbidden by law or neglect any duty imposed by law while driving when that act or neglected duty is the proximate cause of bodily injury to any person other than the driver. (3) Under existing law, there is a rebuttable evidentiary presumption that a person was under the influence of alcohol at the time he or she drove a vehicle if he or she had 0.08% or more, by weight, of alcohol in his or her blood at the time of a chemical test if the chemical test was done within 3 hours after the person drove the vehicle. This bill would create a rebuttable evidentiary presumption that a person had a controlled substance in his or her blood at the time he or she drove a vehicle if the person had a controlled substance, as defined, in his or her blood at the time of the performance of a chemical test if the test is done within 3 hours after the person drove the vehicle. (4) Because this bill would create new crimes, 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 no reimbursement is required by this act for a specified reason.
Who sponsors SB 50?
SB 50 is sponsored by Blakeslee and Correa.
What is the current status of SB 50?
This bill died with 2011-2012 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 50?
Track SB 50 free on One Click Politics — get push/email alerts when it moves.

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