California 2015-2016 Regular Session Status: In Committee 1 R cosponsors

AB 2740 — Driving under the influence: Tetrahydrocannabinol standard.

Last action — In committee: Held under submission.

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

This bill died with 2015-2016 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 prohibits a person who has 0.08% or more, by weight, of alcohol in his or her blood from driving a vehicle. Existing law also prohibits a person, while having 0.08% or more, by weight, of alcohol in his or her blood, from driving a vehicle and concurrently doing any act forbidden by law, or neglecting any duty imposed by law in driving the vehicle, when the act or neglect proximately causes bodily injury to a person other than the driver. Existing law establishes a rebuttable presumption for each of those offenses that the person had 0.08% or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08% or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within 3 hours after the driving. This bill would make it an offense for a person who has 5 ng/ml or more of delta 9-tetrahydrocannabinol in his or her blood to drive a vehicle. The bill would also make it an offense for a person, while having 5 ng/ml or more of delta 9-tetrahydrocannabinol in his or her blood, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, when the act or neglect proximately causes bodily injury to a person other than the driver. The bill would establish a rebuttable presumption for each of those offenses that the person had 5 ng/ml or more of delta 9-tetrahydrocannabinol in his or her blood at the time of driving the vehicle if the person had 5 ng/ml or more of delta 9-tetrahydrocannabinol in his or her blood at the time of the performance of a chemical test within 2 hours of the driving. The bill would also require corroborating evidence, as specified, in addition to a level of 5 ng/ml or more of delta 9-tetrahydrocannabinol in the driver's blood, for a conviction for either of those offenses. The bill would make additional technical, nonsubstantive changes. By changing the definitions of existing crimes, 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 no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. In committee: Held under submission.

  2. In committee: Set, first hearing. Referred to APPR. suspense file.

  3. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (April 19). Re-referred to Com. on APPR.

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

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

  6. Referred to Com. on PUB. S.

  7. Read first time.

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

  9. Introduced. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Low

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

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"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.

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Votes

Subjects

public-safety transportation
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Frequently asked questions

What does AB 2740 do?
Existing law prohibits a person who has 0.08% or more, by weight, of alcohol in his or her blood from driving a vehicle. Existing law also prohibits a person, while having 0.08% or more, by weight, of alcohol in his or her blood, from driving a vehicle and concurrently doing any act forbidden by law, or neglecting any duty imposed by law in driving the vehicle, when the act or neglect proximately causes bodily injury to a person other than the driver. Existing law establishes a rebuttable presumption for each of those offenses that the person had 0.08% or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08% or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within 3 hours after the driving. This bill would make it an offense for a person who has 5 ng/ml or more of delta 9-tetrahydrocannabinol in his or her blood to drive a vehicle. The bill would also make it an offense for a person, while having 5 ng/ml or more of delta 9-tetrahydrocannabinol in his or her blood, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, when the act or neglect proximately causes bodily injury to a person other than the driver. The bill would establish a rebuttable presumption for each of those offenses that the person had 5 ng/ml or more of delta 9-tetrahydrocannabinol in his or her blood at the time of driving the vehicle if the person had 5 ng/ml or more of delta 9-tetrahydrocannabinol in his or her blood at the time of the performance of a chemical test within 2 hours of the driving. The bill would also require corroborating evidence, as specified, in addition to a level of 5 ng/ml or more of delta 9-tetrahydrocannabinol in the driver's blood, for a conviction for either of those offenses. The bill would make additional technical, nonsubstantive changes. By changing the definitions of existing crimes, 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 no reimbursement is required by this act for a specified reason.
Who sponsors AB 2740?
AB 2740 is sponsored by Lackey, Tom (Republican) and Low.
What is the current status of AB 2740?
This bill died with 2015-2016 Regular Session. It reached “In Committee” 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 2740?
Track AB 2740 free on One Click Politics — get push/email alerts when it moves.

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