BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1571


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          Date of Hearing:  May 18, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          1571 (Lackey) - As Amended April 25, 2016


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          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. 









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          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  








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            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  








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            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











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