This bill is part of the 2019 Cannabis Bills section of our ongoing update on California Cannabis Legislation – see the full California Cannabis Law Legislative Update which includes information on cannabis bills from other years.
AB 397 (Chau D) Vehicles: driving under the influence: statistics.
Existing law makes it a crime for a person who is under the influence of an alcoholic beverage, a drug, or the combined influence of an alcoholic beverage and a drug, to drive a vehicle. Existing law also makes it a crime for a person to drive under the influence and proximately cause bodily harm to another person, as specified. Existing law requires the Department of Motor Vehicles to establish and maintain a data and monitoring system, as specified, to evaluate the efficacy of intervention programs for persons convicted of those crimes, and to report thereon annually to the Legislature.
This bill would, commencing July 15, 2022, and monthly thereafter, require any law enforcement agency, as specified, to report to the Department of Justice the number of arrests made for driving under the influence and the number of those arrests in which cannabis was suspected to be the substance, or one of the substances, of which the person was under the influence.
This bill would require the Department of Justice to annually report the data to the Department of Motor Vehicles, and would, commencing with the first report submitted on or after January 1, 2024, require the Department of Motor Vehicles to include that data in its annual report to the Legislature. By creating new reporting requirements for local law enforcement agencies, the 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.
Read more about California Cannabis Legislation – see the full California Cannabis Law Legislative Update.
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