California 2017-2018 Regular Session Status: Enacted 1 R cosponsors

AB 2717 — Driving under the influence: blood tests.

Last action — Chaptered by Secretary of State - Chapter 177, Statutes of 2018.

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  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 15, 2018. Enacted.

Prognosis

Likely to advance 72% · 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.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 6 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

Under existing law, a person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood, breath, or urine, as specified, for the purpose of determining the alcoholic or drug content of his or her blood if lawfully arrested for one of specified driving-under-the-influence offenses. The United States Supreme Court, in Birchfield v. North Dakota (2016) 136 S.Ct. 2160, held that the Fourth Amendment to the United States Constitution permitted warrantless breath tests incident to arrests for drunk driving, but did not permit warrantless blood tests incident to arrests for drunk driving, and held that a motorist cannot be punished criminally for his or her refusal to submit to a blood test. The court held that administrative penalties could be imposed for a refusal to submit to a blood test for those purposes. This bill would amend statutory law to comport with the Birchfield decision. The bill would repeal the imposition of criminal penalties for the refusal by a person to submit to or complete a blood test for the purpose of determining the alcoholic or drug content of his or her blood if lawfully arrested for one of specified driving-under-the-influence offenses. The bill would clarify that a person is required to be told that his or her failure to submit to, or the failure to complete, the required breath, blood, or urine tests will result in administrative suspension or revocation by the Department of Motor Vehicles of the person's privilege to operate a motor vehicle, as specified.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 177, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11:30 a.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 6143.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 3 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 5109.).

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 7. Noes 0.) (June 26).

  9. Re-referred to Com. on PUB. S.

  10. Re-referred to Com. on RLS.

  11. Withdrawn from committee.

  12. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F.

  13. Referred to Com. on GOV. & F.

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

  15. Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 5216.)

  16. Read second time. Ordered to Consent Calendar.

  17. From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 9).

  18. Re-referred to Com. on APPR.

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

  20. From committee: Do pass and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (April 17). Re-referred to Com. on APPR.

  21. Referred to Com. on B. & P.

  22. From printer. May be heard in committee March 18.

  23. Read first time. To print.

Sponsors

Sponsorship breakdown

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

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 2717 LACKEY Concurrence in Senate Amendments

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 55003
Democratic 16000
Republican 6000
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Holden — Yea
Mathis — Yea
Medina — Yea
Mullin — Yea
Quirk — Yea
Rodriguez — Yea
Thurmond — Yea
Voepel — Yea
Weber — Yea
Eggman — Yea
Cunningham — Yea
Friedman — Yea
Frazier — Yea
Gloria — Yea
Harper — Yea
Gonzalez Fletcher — Yea
Jones-Sawyer — Yea
Kiley — Yea
Rubio — Yea
Salas — Yea
Chau — Yea
Maienschein — Yea
Mayes — Yea
McCarty — Yea
Fong — Yea
Gray — Yea
Chu — Yea
Chávez — Yea
Cooper — Yea
Daly — Yea
O'Donnell — Yea
Obernolte — Yea
Rendon — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Waldron — Yea
Wood — Yea
Burke — Yea
Rivas — Not Voting
Chiu — Yea
Cooley — Yea
Kamlager-Dove — Yea
Levine — Yea
Low — Yea
Melendez — Not Voting
Nazarian — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Not Voting
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB2717 Lackey By Hill

Passed 35 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 30004
Democratic 5000
Total 35004
% of votes cast 90%0%0%10%
How each member voted (39)
Member Party Vote
Anderson — Yea
Bates — Yea
Hernandez — Not Voting
Hueso — Yea
Leyva — Yea
Morrell — Yea
Nielsen — Not Voting
Roth — Yea
Skinner — Yea
Vidak — Yea
Wieckowski — Yea
Dodd — Yea
Fuller — Not Voting
Galgiani — Yea
Cannella — Yea
Chang — Yea
Allen — Yea
Glazer — Yea
De León — Yea
Hertzberg — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Hill — Yea
Beall — Yea
Bradford — Yea
Lara — Yea
Monning — Yea
Moorlach — Yea
Pan — Yea
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 2000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Anderson — Yea
Bradford — Yea
Mitchell — Yea
Skinner — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 2717 LACKEY Consent Calendar Second Day

Passed 73 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 53004
Democratic 14001
Republican 6000
Total 73005
% of votes cast 94%0%0%6%
How each member voted (78)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Jones-Sawyer — Yea
Mathis — Yea
Medina — Yea
Nazarian — Yea
Rendon — Yea
Santiago — Not Voting
Thurmond — Yea
Ting — Yea
Weber — Yea
Eggman — Yea
Cunningham — Yea
Daly — Yea
Chiu — Yea
Chu — Yea
Gloria — Yea
Holden — Yea
Maienschein — Yea
Mullin — Yea
Frazier — Yea
Friedman — Yea
Rubio — Yea
Harper — Yea
Salas — Yea
Burke — Yea
Fong — Yea
Gray — Yea
Kamlager-Dove — Yea
Kiley — Yea
Levine — Yea
Gonzalez Fletcher — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Chau — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Melendez — Not Voting
O'Donnell — Yea
Obernolte — Yea
Quirk — Yea
Rodriguez — Yea
Steinorth — Not Voting
Voepel — Yea
Waldron — Yea
Wood — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11001
Democratic 3000
Republican 2000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Yea
Nazarian — Yea
Quirk — Yea
Eggman — Not Voting
Friedman — Yea
Gonzalez Fletcher — Yea
Fong — Yea
Chau — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 4000
Republican 1000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Bloom — Yea
Brough — Yea
Ting — Yea
Eggman — Yea
Chiu — Yea
Cunningham — Yea
Holden — Yea
Fong — Yea
Baker — Yea
Low — Yea
Mullin — Yea
Arambula, Joaquin Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Chen, Phillip Republican Yea

Official roll call →

Subjects

public-safety transportation
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 2717 do?
Under existing law, a person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood, breath, or urine, as specified, for the purpose of determining the alcoholic or drug content of his or her blood if lawfully arrested for one of specified driving-under-the-influence offenses. The United States Supreme Court, in Birchfield v. North Dakota (2016) 136 S.Ct. 2160, held that the Fourth Amendment to the United States Constitution permitted warrantless breath tests incident to arrests for drunk driving, but did not permit warrantless blood tests incident to arrests for drunk driving, and held that a motorist cannot be punished criminally for his or her refusal to submit to a blood test. The court held that administrative penalties could be imposed for a refusal to submit to a blood test for those purposes. This bill would amend statutory law to comport with the Birchfield decision. The bill would repeal the imposition of criminal penalties for the refusal by a person to submit to or complete a blood test for the purpose of determining the alcoholic or drug content of his or her blood if lawfully arrested for one of specified driving-under-the-influence offenses. The bill would clarify that a person is required to be told that his or her failure to submit to, or the failure to complete, the required breath, blood, or urine tests will result in administrative suspension or revocation by the Department of Motor Vehicles of the person's privilege to operate a motor vehicle, as specified.
Who sponsors AB 2717?
AB 2717 is sponsored by Lackey, Tom (Republican).
What is the current status of AB 2717?
This bill has been enacted into law. Introduced February 15, 2018. Enacted.
Where can I track AB 2717?
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