California 2011-2012 Regular Session Status: To Executive

AB 1389 — Vehicles: sobriety checkpoints: impoundment.

Last action — Vetoed by Governor.

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

This bill died with 2011-2012 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law authorizes a city or a county to establish a sobriety checkpoint program in highways under its jurisdiction to check for violations of driving-under-the-influence (DUI) offenses and authorizes the board of supervisors of a county to establish, by ordinance, a combined vehicle inspection and sobriety checkpoint program to check for violations of motor vehicle exhaust standards in addition to DUI offenses. Existing law authorizes a peace officer, whenever the peace officer determines, among other things, that a person was driving a vehicle (1) without ever having been issued a driver's license, to immediately arrest that person and cause the removal and seizure of his or her vehicle for an impoundment period of 30 days, or (2) if the person is currently without a valid driver's license, to remove the vehicle for a shorter period of time upon issuance of a notice to appear if the registered owner or the registered owner's agent presents a currently valid driver's license and proof of current vehicle registration, or upon order of the court. A violation of the Vehicle Code is a crime. This bill would authorize the Department of the California Highway Patrol, and a city, county, or city and county, by ordinance or resolution, to establish a sobriety checkpoint program on highways within their respective jurisdictions to identify drivers who are in violation of specified DUI offenses. The bill would require that the program be conducted by the local governmental agency or department with the primary responsibility for traffic law enforcement. The bill would require that the selection of the site of the checkpoint and the procedures for a checkpoint operation be determined by supervisory law enforcement personnel and that the law enforcement agency employ a neutral methodology for determining which vehicles to stop at the checkpoint or that all vehicles that drive through the checkpoint be stopped. The bill would also require a law enforcement agency to ensure that there are proper lighting, warning signs and signals, and clearly identifiable official vehicles, and uniformed personnel to minimize the risk to motorists and their passengers and to only operate a checkpoint when traffic volume allows for the safe operation of the program. The bill would delete the county board of supervisors' authority to conduct a combined vehicle inspection and sobriety checkpoint program. The bill would require a law enforcement agency that conducts a sobriety checkpoint program to provide advance notice of the checkpoint's general location to the public within a minimum of 48 hours of the checkpoint operation and would require the law enforcement agency to provide to the public advance notice of the checkpoint's specific location 2 hours prior to the checkpoint operation. This bill would require that each motorist stopped be detained so that the law enforcement officer may briefly question the driver as provided. Because this bill would expand the duties of local law enforcement officials and the scope of an existing DUI checkpoint program, this bill would impose a state-mandated local program. Because the failure to comply with these provisions would constitute an infraction under the Vehicle Code, the bill would also impose a state-mandated local program by creating a new crime. 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.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 12:30 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 48. Noes 25. Page 3139.).

  4. In Assembly. Concurrence in Senate amendments pending.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 19. Page 2396.).

  6. Read second time. Ordered to third reading.

  7. Read third time and amended. Ordered to second reading.

  8. Read second time. Ordered to third reading.

  9. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  10. Read second time and amended. Re-referred to Com. on APPR.

  11. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 5).

  12. Referred to Com. on PUB. S.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time. Passed. Ordered to the Senate. (Ayes 54. Noes 22. Page 1585.)

  15. Read second time. Ordered to third reading.

  16. Read second time and amended. Ordered to second reading.

  17. From committee: Do pass as amended. (Ayes 12. Noes 5.) (May 18).

  18. Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.

  19. Read second time. Ordered to third reading.

  20. Read second time and amended. Ordered to second reading.

  21. From committee: Do pass as amended. (Ayes 11. Noes 3.) (May 2).

  22. Re-referred to Com. on TRANS.

  23. From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.

  24. Referred to Com. on TRANS.

  25. From printer. May be heard in committee March 22.

  26. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

AB 1389 ALLEN Concurrence in Senate Amendments

Passed 48 Yea · 25 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 472307
Democratic 1000
Republican 0200
Total 482507
% of votes cast 60%31%0%9%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Nay
Butler — Yea
Feuer — Yea
Fong — Yea
Carter — Yea
Allen — Yea
Yamada — Yea
Fuentes — Yea
Furutani — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Garrick — Nay
Cedillo — Yea
Bonilla — Yea
Atkins — Yea
Gatto — Yea
Gorell — Not Voting
Chesbro — Not Voting
Halderman — Nay
Harkey — Nay
Hill — Yea
Huber — Yea
Huffman — Yea
Ammiano — Yea
Block — Not Voting
Conway — Nay
Cook — Nay
Davis — Not Voting
Donnelly — Nay
Jeffries — Nay
Lara — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nielsen — Nay
Norby — Yea
Pan — Yea
Perea — Not Voting
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torres — Yea
Wagner — Nay
Wieckowski — Yea
Hall — Not Voting
Achadjian — Nay
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Not Voting
Hayashi — Yea
Hueso — Yea
Knight — Nay
Ma — Yea
Mansoor — Nay
Nestande — Nay
Olsen — Nay
Silva — Nay
Solorio — Yea
Valadao — Nay
Williams — Yea
Eng — Yea
Dickinson — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB1389 Allen By Evans

Passed 21 Yea · 19 Nay
Party YeaNayPresentNot Voting
Unaffiliated 191800
Democratic 2000
Republican 0100
Total 211900
% of votes cast 53%48%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Cannella — Nay
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Evans — Yea
Corbett — Yea
Fuller — Nay
Dutton — Nay
Rubio — Nay
Runner — Nay
Hancock — Yea
Anderson — Nay
Blakeslee — Nay
Harman — Nay
Hernandez — Yea
Huff — Nay
Kehoe — Yea
Lieu — Nay
Liu — Yea
Pavley — Nay
Price — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Wright — Yea
Alquist — Yea
Leno — Yea
Simitian — Yea
Vargas — Nay
Wyland — Nay
Emmerson — Nay
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 1389 ALLEN Assembly Third Reading

Passed 54 Yea · 22 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 0101
Unaffiliated 532103
Democratic 1000
Total 542204
% of votes cast 68%28%0%5%
How each member voted (80)
Member Party Vote
Hall — Yea
Butler — Yea
Carter — Yea
Cedillo — Yea
Hill — Yea
Fong — Yea
Allen — Yea
Logue — Yea
Swanson — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Davis — Yea
Galgiani — Yea
Gatto — Yea
Gordon — Yea
Hayashi — Yea
Hueso — Yea
Huffman — Yea
Skinner — Yea
Torres — Yea
Yamada — Yea
Furutani — Not Voting
Campos — Yea
Bonilla — Yea
Atkins — Yea
Gorell — Not Voting
Hagman — Nay
Chesbro — Yea
Halderman — Nay
Conway — Nay
Cook — Nay
Donnelly — Nay
Beall — Yea
Block — Yea
Jeffries — Nay
Knight — Nay
Lara — Yea
Mansoor — Nay
Mendoza — Yea
Miller — Nay
Morrell — Nay
Nestande — Nay
Nielsen — Nay
Pan — Yea
Smyth — Nay
Solorio — Yea
Valadao — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Huber — Yea
Ma — Yea
Monning — Yea
Norby — Yea
Olsen — Nay
Perea — Yea
Silva — Not Voting
Wagner — Nay
Williams — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Fuentes — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Hall — Yea
Campos — Yea
Fuentes — Yea
Hill — Yea
Lara — Yea
Mitchell — Yea
Donnelly — Nay
Nielsen — Nay
Wagner — Nay
Blumenfield — Yea
Bradford — Yea
Harkey — Nay
Smyth — Nay
Solorio — Yea
Davis — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass as amended.

Passed 11 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11300
Total 11300
% of votes cast 79%21%0%0%
How each member voted (14)
Member Party Vote
Eng — Yea
Furutani — Yea
Galgiani — Yea
Bonilla — Yea
Portantino — Yea
Jeffries — Nay
Miller — Nay
Solorio — Yea
Achadjian — Nay
Blumenfield — Yea
Buchanan — Yea
Logue — Yea
Norby — Yea
Bonnie Lowenthal — Yea

Official roll call →

Subjects

public-safety transportation
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Frequently asked questions

What does AB 1389 do?
Existing law authorizes a city or a county to establish a sobriety checkpoint program in highways under its jurisdiction to check for violations of driving-under-the-influence (DUI) offenses and authorizes the board of supervisors of a county to establish, by ordinance, a combined vehicle inspection and sobriety checkpoint program to check for violations of motor vehicle exhaust standards in addition to DUI offenses. Existing law authorizes a peace officer, whenever the peace officer determines, among other things, that a person was driving a vehicle (1) without ever having been issued a driver's license, to immediately arrest that person and cause the removal and seizure of his or her vehicle for an impoundment period of 30 days, or (2) if the person is currently without a valid driver's license, to remove the vehicle for a shorter period of time upon issuance of a notice to appear if the registered owner or the registered owner's agent presents a currently valid driver's license and proof of current vehicle registration, or upon order of the court. A violation of the Vehicle Code is a crime. This bill would authorize the Department of the California Highway Patrol, and a city, county, or city and county, by ordinance or resolution, to establish a sobriety checkpoint program on highways within their respective jurisdictions to identify drivers who are in violation of specified DUI offenses. The bill would require that the program be conducted by the local governmental agency or department with the primary responsibility for traffic law enforcement. The bill would require that the selection of the site of the checkpoint and the procedures for a checkpoint operation be determined by supervisory law enforcement personnel and that the law enforcement agency employ a neutral methodology for determining which vehicles to stop at the checkpoint or that all vehicles that drive through the checkpoint be stopped. The bill would also require a law enforcement agency to ensure that there are proper lighting, warning signs and signals, and clearly identifiable official vehicles, and uniformed personnel to minimize the risk to motorists and their passengers and to only operate a checkpoint when traffic volume allows for the safe operation of the program. The bill would delete the county board of supervisors' authority to conduct a combined vehicle inspection and sobriety checkpoint program. The bill would require a law enforcement agency that conducts a sobriety checkpoint program to provide advance notice of the checkpoint's general location to the public within a minimum of 48 hours of the checkpoint operation and would require the law enforcement agency to provide to the public advance notice of the checkpoint's specific location 2 hours prior to the checkpoint operation. This bill would require that each motorist stopped be detained so that the law enforcement officer may briefly question the driver as provided. Because this bill would expand the duties of local law enforcement officials and the scope of an existing DUI checkpoint program, this bill would impose a state-mandated local program. Because the failure to comply with these provisions would constitute an infraction under the Vehicle Code, the bill would also impose a state-mandated local program by creating a new crime. 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.
Who sponsors AB 1389?
AB 1389 is sponsored by Travis Allen.
What is the current status of AB 1389?
This bill died with 2011-2012 Regular Session. It reached “To Executive” 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 AB 1389?
Track AB 1389 free on One Click Politics — get push/email alerts when it moves.

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