AB 551 — Fatal vehicular accidents: chemical test results.

Summary

Existing law sets forth the duties and authority of a county coroner. Existing law authorizes a county board of supervisors, by ordinance, to abolish the office of coroner and provide instead for the office of medical examiner, to be appointed by the board and to exercise the powers and perform the duties of the coroner. Existing law requires a county coroner, or the coroner's appointed deputy, upon notification of a death involving a motor vehicle, as specified, to take blood and urine samples from the body of the deceased and make related chemical tests to determine the alcoholic contents, if any, of the body. Existing law authorizes the coroner to perform other chemical tests, as deemed appropriate. Existing law requires the detailed medical findings resulting from these examinations to be reduced to writing or otherwise permanently preserved, as specified. These requirements do not apply to testing of deceased persons under 15 years of age unless circumstances indicate the possibility of alcohol or specified drug consumption, and do not apply when the death has occurred more than 24 hours after the accident. This bill would additionally apply these provisions to a county medical examiner. The bill would require the coroner or medical examiner to perform screening and confirmatory tests of specified drugs, and to include blood alcohol content and blood drug concentrations in the detailed medical findings, when available. The bill would require a coroner or medical examiner to use antemortem samples, if available, if the decedent was hospitalized prior to death. The bill would revise the provisions applicable to a decedent under 15 years of age, including prohibiting application of the provisions if the period between the accident and death is more than 48 hours, rather than 24 hours. Existing law requires a county coroner, on or before the 10th day of each month, to report in writing to the Department of the California Highway Patrol the death of any person during the preceding calendar month as the result of an accident involving a motor vehicle and the circumstances of the accident. The bill would require a coroner or medical examiner under the above circumstances to report in writing chemical test results including blood alcohol content and blood drug concentrations, when available. By imposing new requirements on county coroners and medical examiners, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

• Enrolled 09/13/19 - Enrolled Current pdf September 13, 2019
• Amended 06/25/19 - Amended Senate pdf June 25, 2019
• Introduced 02/13/19 - Introduced pdf February 13, 2019
• AB551 View text html

Action History

1. January 23, 2020

   Consideration of Governor's veto stricken from file.

2. October 02, 2019

   Vetoed by Governor.

3. September 18, 2019

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

4. September 10, 2019

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3243.).

5. September 06, 2019

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 8 pursuant to Assembly Rule 77.

6. September 05, 2019

   Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2568.).

7. August 13, 2019

   Read second time. Ordered to third reading.

8. August 12, 2019

   From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

9. June 25, 2019

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

10. June 24, 2019

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 18).

11. May 01, 2019

    Referred to Com. on PUB. S.

12. April 23, 2019

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

13. April 22, 2019

    Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1251.)

14. April 04, 2019

    Read second time. Ordered to third reading.

15. April 03, 2019

    From committee: Do pass. (Ayes 17. Noes 0.) (April 3).

16. March 26, 2019

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (March 26). Re-referred to Com. on APPR.

17. March 04, 2019

    Referred to Com. on PUB. S.

18. February 14, 2019

    From printer. May be heard in committee March 16.

19. February 13, 2019

    Read first time. To print.

Sponsors

• Brough · Primary
• Bates · Cosponsor

Votes

Subjects