California 2011-2012 Regular Session Status: Enacted

AB 2020 — Vehicles: driving under the influence: chemical tests.

Last action — Chaptered by Secretary of State - Chapter 196, Statutes of 2012.

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

This bill has been enacted into law. Introduced February 23, 2012. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law provides that a person who is lawfully arrested for driving under the influence of a drug or the combined influence of an alcoholic beverage and drug has a choice of whether a chemical test to determine his or her drug or drug and alcohol level shall be a blood, breath, or urine test. If the person chooses to submit to a breath test, he or she may also be requested to submit to a blood or urine test if the officer has reasonable cause to believe that the person was driving under the influence of a drug or the combined influence of an alcoholic beverage and a drug and if the officer has a clear indication that a blood or urine test will reveal evidence of the person being under the influence. Existing law exempts a person who is afflicted with hemophilia, or a heart condition and is using an anticoagulant, from the blood test. This bill would revise these provisions to delete the person's option to choose a chemical test of his or her urine for the purpose of determining the drug content of his or her blood. The bill would require that if a blood test is unavailable, then the person is deemed to have given his or her consent to a urine test. The bill would also require that if the person is lawfully arrested for driving under the influence of a drug or the combined influence of an alcoholic beverage and any drug, the person only has the choice of either a blood or breath test. The bill would delete the option of a urine test, except as required as an additional test. The bill would require those persons exempted from the blood test to submit to, and complete, a urine test. Because this bill would change the definition of an existing crime, 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. Chaptered by Secretary of State - Chapter 196, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:10 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 3. Page 4435.).

  6. Read second time. Ordered to third reading.

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

  8. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 19). Re-referred to Com. on APPR.

  9. Referred to Com. on PUB. S.

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

  11. Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 0. Page 4879.)

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 16. Noes 0.) (May 9).

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

  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 4. Noes 0.) (April 10).

  18. In committee: Set, first hearing. Hearing canceled at the request of author.

  19. Referred to Com. on PUB. S.

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

  21. Read first time. To print.

Sponsors

  • Pan · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Pan

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

3rd Reading AB2020 Pan By Gaines

Passed 36 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 33301
Republican 1000
Democratic 2000
Total 36301
% of votes cast 90%8%0%3%
How each member voted (40)
Member Party Vote
Wyland — Yea
Fuller — Yea
Cannella — Yea
Hernandez — Yea
Huff — Yea
Kehoe — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Lieu — Yea
Anderson — Yea
Blakeslee — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Walters — Yea
Wolk — Yea
Yee — Yea
Rubio — Yea
Negrete McLeod — Nay
Hancock — Not Voting
Corbett — Yea
Dutton — Yea
Leno — Nay
Alquist — Yea
Harman — Yea
Pavley — Yea
Steinberg — Yea
Vargas — Yea
Wright — Nay
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 2020 PAN Assembly Third Reading

Passed 68 Yea · 0 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 650012
Democratic 1000
Republican 2000
Total 680012
% of votes cast 85%0%0%15%
How each member voted (80)
Member Party Vote
Gordon — Yea
Halderman — Yea
Butler — Yea
Carter — Yea
Eng — Yea
Fuentes — Yea
Furutani — Yea
Fong — Yea
Mendoza — Yea
Allen — Yea
Bonilla — Yea
Beall — Yea
Gatto — Yea
Dickinson — Yea
Pan — Yea
Atkins — Yea
Campos — Yea
Fletcher — Not Voting
Gorell — Not Voting
Lara — Not Voting
Ammiano — Not Voting
Donnelly — Yea
Monning — Yea
Morrell — Yea
Olsen — Not Voting
Perea — Not Voting
Skinner — Not Voting
Solorio — Yea
Wieckowski — Not Voting
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Hill — Yea
Alejo — Yea
Blumenfield — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Davis — Yea
Hueso — Yea
Huffman — Yea
Logue — Yea
Nestande — Yea
Nielsen — Yea
Silva — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Valadao — Yea
Williams — Yea
Achadjian — Yea
Block — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Ma — Yea
Mansoor — Yea
Miller — Yea
Norby — Not Voting
Wagner — Yea
Cedillo — Not Voting
Feuer — Yea
Galgiani — Yea
Garrick — Yea
Yamada — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Not Voting
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 15001
Democratic 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Fuentes — Yea
Mitchell — Yea
Hall — Yea
Campos — Yea
Hill — Yea
Lara — Not Voting
Blumenfield — Yea
Davis — Yea
Donnelly — Yea
Nielsen — Yea
Norby — Yea
Solorio — Yea
Bradford — Yea
Harkey — Yea
Wagner — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass as amended.

Passed 4 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4002
Total 4002
% of votes cast 67%0%0%33%
How each member voted (6)
Member Party Vote
Mitchell — Yea
Hagman — Yea
Cedillo — Not Voting
Ammiano — Not Voting
Knight — Yea
Skinner — 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 AB 2020 do?
Existing law provides that a person who is lawfully arrested for driving under the influence of a drug or the combined influence of an alcoholic beverage and drug has a choice of whether a chemical test to determine his or her drug or drug and alcohol level shall be a blood, breath, or urine test. If the person chooses to submit to a breath test, he or she may also be requested to submit to a blood or urine test if the officer has reasonable cause to believe that the person was driving under the influence of a drug or the combined influence of an alcoholic beverage and a drug and if the officer has a clear indication that a blood or urine test will reveal evidence of the person being under the influence. Existing law exempts a person who is afflicted with hemophilia, or a heart condition and is using an anticoagulant, from the blood test. This bill would revise these provisions to delete the person's option to choose a chemical test of his or her urine for the purpose of determining the drug content of his or her blood. The bill would require that if a blood test is unavailable, then the person is deemed to have given his or her consent to a urine test. The bill would also require that if the person is lawfully arrested for driving under the influence of a drug or the combined influence of an alcoholic beverage and any drug, the person only has the choice of either a blood or breath test. The bill would delete the option of a urine test, except as required as an additional test. The bill would require those persons exempted from the blood test to submit to, and complete, a urine test. Because this bill would change the definition of an existing crime, 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 AB 2020?
AB 2020 is sponsored by Pan.
What is the current status of AB 2020?
This bill has been enacted into law. Introduced February 23, 2012. Enacted.
Where can I track AB 2020?
Track AB 2020 free on One Click Politics — get push/email alerts when it moves.

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