Fatal vehicular accidents: chemical test results.
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SB 283 — Fatal vehicular accidents: chemical test results.
Last action — June 11 set for first hearing. Failed passage in committee. (Ayes 4. Noes 1.) Reconsideration granted.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill died with 2019-2020 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
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
What changed in the latest version
1 added · 1 removed1 line(s) added, 1 removed.
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- Introduced 02/13/19 - Introduced Current pdf February 13, 2019
- SB283 View text html
Action History
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June 11 set for first hearing. Failed passage in committee. (Ayes 4. Noes 1.) Reconsideration granted.
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Referred to Com. on PUB. S.
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In Assembly. Read first time. Held at Desk.
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Read third time. Passed. (Ayes 38. Noes 0. Page 746.) Ordered to the Assembly.
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Read second time. Ordered to consent calendar.
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From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.
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Set for hearing April 8.
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From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 440.) (March 26). Re-referred to Com. on APPR.
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Set for hearing March 26.
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Referred to Com. on PUB. S.
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From printer. May be acted upon on or after March 16.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Bates · Primary
- Brough · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 120 not signed on
Sponsors (1)
- Bates
Co-sponsors (1)
- Brough
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 1 | 0 | 0 | 1 |
| Republican | 1 | 0 | 0 | 0 |
| Unaffiliated | 2 | 1 | 0 | 2 |
| Total | 4 | 1 | 0 | 3 |
| % of votes cast | 50% | 13% | 0% | 38% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Diep | — | Yea |
| Jones-Sawyer | — | Yea |
| Quirk | — | Nay |
| Kamlager-Dove | — | Not Voting |
| Santiago | — | Not Voting |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Wicks, Buffy | Democratic | Not Voting |
| Lackey, Tom | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 27 | 0 | 0 | 0 |
| Democratic | 9 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 38 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (38)
| Member | Party | Vote |
|---|---|---|
| Rubio | — | Yea |
| Monning | — | Yea |
| Wieckowski | — | Yea |
| Mitchell | — | Yea |
| Bradford | — | Yea |
| Wilk | — | Yea |
| Beall | — | Yea |
| Atkins | — | Yea |
| Hill | — | Yea |
| Roth | — | Yea |
| Morrell | — | Yea |
| Hueso | — | Yea |
| Leyva | — | Yea |
| Dodd | — | Yea |
| Moorlach | — | Yea |
| Skinner | — | Yea |
| Allen | — | Yea |
| Borgeas | — | Yea |
| Galgiani | — | Yea |
| Hertzberg | — | Yea |
| Portantino | — | Yea |
| Bates | — | Yea |
| Glazer | — | Yea |
| Nielsen | — | Yea |
| Chang | — | Yea |
| Pan | — | Yea |
| Mark Stone | — | Yea |
| Archuleta, Bob | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Hurtado, Melissa | Democratic | Yea |
| Jackson, Corey A. | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Grove, Shannon | Republican | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Moorlach | — | Yea |
| Mitchell | — | Yea |
| Morrell | — | Yea |
| Bradford | — | Yea |
| Skinner | — | Yea |
| Jackson, Corey A. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
Subjects
Frequently asked questions
- What does SB 283 do?
- 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.
- Who sponsors SB 283?
- SB 283 is sponsored by Bates and Brough.
- What is the current status of SB 283?
- This bill died with 2019-2020 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 283?
- Track SB 283 free on One Click Politics — get push/email alerts when it moves.
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