Existing law makes it unlawful for any person to operate a vessel or water-related device while under the influence of an alcoholic beverage or any drug, or both. Existing law directs the administration of a chemical test that is used to analyze an individual's breath, blood, or urine for evidence of drug or alcohol use when the individual is arrested for these actions. Existing law requires the arrested individual to be informed that a refusal to submit to, or failure to complete, the required chemical testing may be used against the person in court and that the court, upon convicting the arrested individual, may impose increased penalties for his or her refusal or failure. This bill would instead require the arrested individual to be advised that a criminal complaint may be filed against him or her for operating a vessel or water-related device while under the influence of an alcoholic beverage or any drug, or both; that he or she has a right to refuse chemical testing; and that the officer has the authority to seek a search warrant compelling him or her to submit a blood sample. By imposing new duties on local peace officers, 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 these statutory provisions.
Sponsored bills
This measure would proclaim May 19, 2016, as Viral Hepatitis Awareness Day in California.
This measure would proclaim the week of May 15, 2016, to May 21, 2016, as Emergency Medical Services Week in California.
This measure would declare the month of May 2016 as Foster Care Month.
This measure would recognize June 12, 2016, as the 118th Anniversary of Philippine Independence and would call upon the people of the state to observe the month of June with appropriate ceremonies, programs, and activities.
This measure would designate June 22, 2016, as California Nonprofits Day and recognize the importance of nonprofit organizations to the economy and well-being of this state.
This measure would respectfully urge the recognition that the trial and conviction of the 50 African American sailors of the United States Navy for mutiny in connection with their service at the Port Chicago Naval Magazine in Concord, California, during World War II was wrongfully pursued because of racial prejudice and would respectfully urge the Congress of the United States to publicly exonerate those 50 African American sailors of the United States Navy in order to further aid in healing the racial divide that continues to exist in the United States.
This measure would request the Congress of the United States to support and build a central Veterans Affairs Hospital in Orange County.
This bill would recognize the month of June 2016 as Portuguese National Heritage Month.
This bill would urge the Congress and the President of the United States to rename any federal buildings, parks, roadways, or other federally owned property that bear the names of elected or military leaders of the Confederate States of America.