BILL ANALYSIS Ó AB 1571 Page 1 Date of Hearing: May 18, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 1571 (Lackey) - As Amended April 25, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|6 - 0 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: Yes SUMMARY: This bill requires the court to consider a blood alcohol concentration (BAC) of .08 or more, in combination with the presence of specified drugs, excluding marijuana and drugs prescribed by a physician, as an aggravating factor that may justify enhancing the terms and conditions of probation and referral to a licensed program, for first time driving-under-the-influence (DUI) offenders. It also requires the court to refer a person with a second or subsequent DUI conviction to a program, as specified, as a condition of probation. AB 1571 Page 2 FISCAL EFFECT: Cost to DOJ in the $400,000 to $500,000 range. Bureau of Forensics Services has identified a need for three Senior Criminalists to handle the increase in toxicology screening of samples for controlled substances. Along with these positions, $75,000 one-time costs would be needed for a Dynex screening instrument along with $25,000 of ongoing costs for reagent supplies. Absorbable cost to the courts. COMMENTS: 1)Background. Under current law, courts have the power to increase punishments in situations when the combined use of alcohol and drugs warrant such an increase. Courts have broad general discretion to fashion and impose additional probation conditions that are particularized to the defendant. Courts may impose any "reasonable conditions" necessary to secure justice, make amends to society and individuals injured by the defendant's unlawful conduct, and assist the "reformation and rehabilitation of the probationer." A condition of probation is valid if it is reasonably related to the offense and aimed at deterring such misconduct in the future. If the facts demonstrate that the type or level of drugs in the individual's system increased the dangerousness of conduct resulting in a DUI, the court can require the defendant to attend a longer DUI program. Under existing law, the court could also impose additional probation conditions such as substance abuse treatment or testing for drugs, as long as the AB 1571 Page 3 conditions were reasonably related to the offense. 2)Purpose. According to the author, "Drugged-driving has seen a dramatic increase in the past several years. According to the DMV's annual report of the DUI Management Information System (MIS), the number of drug-involved crash fatalities increased by 15.4% in 2012. Drug-involved fatalities represent 28.7% of the total number of deaths associated with car crashes?., this bill allows the courts to consider any blood-alcohol concentration in combination with a controlled substance as special factor that may justify enhancing the terms of a DUI treatment program." Research has established that there is a close relationship between BAC level and impairment. However, the behavioral effects of other drugs are not as well understood compared to the behavioral effects of alcohol. Certain generalizations can be made: high doses generally have a larger effect than small doses; well-learned tasks are less affected than novel tasks; and certain variables, such as prior exposure to a drug, can either reduce or accentuate expected effects, depending on circumstances. Also, the presence of a drug metabolite in a biological fluid may or may not reflect consumption of the drug recently enough to impair driving performance. Furthermore, there are individual differences in absorption, distribution, and metabolism. Some individuals will show evidence of impairment at drug concentrations that are not associated with impairment in others. Thus, the ability to predict an individual's performance at a specific dosage of drugs other than alcohol is limited. This bill requires the court to consider specified drug consumption as an aggravating factor in sentencing even if there was no corresponding impairment in the individual's ability to drive. 3)Support. According to the California Police Chiefs AB 1571 Page 4 Association, DUI Treatment programs have been proven to significantly reduce DUI recidivism for first and repeat offenders. AB 1571 will significantly reduce the number of repeat concurrent use offenders in California. 4)Opposition. The Drug Policy Alliance, is opposed on three grounds: there is poor correlation between the presence of drugs and impairment; drug testing is technical and imperfect; and AB 1571 cross references federal law that may or may not be aligned with California law. 5)Prior Legislation: a) SB 780 (Emmerson), of the 2011-2012 Legislative Session, would have increased minimum county jail time to 180 days upon conviction of a third DUI. SB 780 was held in the Senate Public Safety Committee. b) AB 1487 (Berryhill), of the 2007-2008 Legislative Session, would have decreased the blood alcohol content (BAC) of a person convicted of DUI for referral to a lengthier driving under the influence program, as specified. AB 1487 died in the Senate Public Safety Committee, c) AB 1352 (Liu), Chapter 164, Statutes of 2005, requires a first time DUI offender with blood alcohol content .20 or more to attend a 9 month DUI educational program. Analysis Prepared by:Pedro Reyes / APPR. / (916) 319-2081 AB 1571 Page 5