Individual legislator voting records for this vote are not currently available. Includes all politicians who were in office at any point during the 2011-2012 Legislature.

AB 1389 - An Act to Amend Section 2814.1 Of, and to Add Section 2814.3 To, the Vehicle Code, Relating to Vehicles.

Vehicles: sobriety checkpoints: impoundment. 2011-2012 Legislature. View bill details
Author(s):
Summary:
Existing law authorizes a city or a county to establish a sobriety checkpoint program in highways under its jurisdiction to check for violations of driving-under-the-influence (DUI) offenses and authorizes the board of supervisors of a county to establish, by ordinance, a combined vehicle inspection and sobriety checkpoint program to check for violations of motor vehicle exhaust standards in… More
Existing law authorizes a city or a county to establish a sobriety checkpoint program in highways under its jurisdiction to check for violations of driving-under-the-influence (DUI) offenses and authorizes the board of supervisors of a county to establish, by ordinance, a combined vehicle inspection and sobriety checkpoint program to check for violations of motor vehicle exhaust standards in addition to DUI offenses.

Existing law authorizes a peace officer, whenever the peace officer determines, among other things, that a person was driving a vehicle (1) without ever having been issued a driver’s license, to immediately arrest that person and cause the removal and seizure of his or her vehicle for an impoundment period of 30 days, or (2) if the person is currently without a valid driver’s license, to remove the vehicle for a shorter period of time upon issuance of a notice to appear if the registered owner or the registered owner’s agent presents a currently valid driver’s license and proof of current vehicle registration, or upon order of the court. A violation of the Vehicle Code is a crime.

This bill would authorize the Department of the California Highway Patrol, and a city, county, or city and county, by ordinance or resolution, to establish a sobriety checkpoint program on highways within their respective jurisdictions to identify drivers who are in violation of specified DUI offenses. The bill would require that the program be conducted by the local governmental agency or department with the primary responsibility for traffic law enforcement.

The bill would require that the selection of the site of the checkpoint and the procedures for a checkpoint operation be determined by supervisory law enforcement personnel and that the law enforcement agency employ a neutral methodology for determining which vehicles to stop at the checkpoint or that all vehicles that drive through the checkpoint be stopped. The bill would also require a law enforcement agency to ensure that there are proper lighting, warning signs and signals, and clearly identifiable official vehicles, and uniformed personnel to minimize the risk to motorists and their passengers and to only operate a checkpoint when traffic volume allows for the safe operation of the program.

The bill would delete the county board of supervisors’ authority to conduct a combined vehicle inspection and sobriety checkpoint program. The bill would require a law enforcement agency that conducts a sobriety checkpoint program to provide advance notice of the checkpoint’s general location to the public within a minimum of 48 hours of the checkpoint operation and would require the law enforcement agency to provide to the public advance notice of the checkpoint’s specific location 2 hours prior to the checkpoint operation.

This bill would require that each motorist stopped be detained so that the law enforcement officer may briefly question the driver as provided. Because this bill would expand the duties of local law enforcement officials and the scope of an existing DUI checkpoint program, this bill would impose a state-mandated local program. Because the failure to comply with these provisions would constitute an infraction under the Vehicle Code, the bill would also impose a state-mandated local program by creating a new crime.

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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Hide
 
Status:
This bill was passed by both houses and vetoed by the Governor. It did not become law
Assembly Vote: On Passage

PASSED on May 27, 2011.

voted YES: 54 voted NO: 22
4 voted present/not voting

An Act to Amend Section 2814.1 Of, and to Add Section 2814.3 To, the Vehicle Code, Relating to Vehicles.

AB 1389 — 2011-2012 Legislature

Summary
Existing law authorizes a city or a county to establish a sobriety checkpoint program in highways under its jurisdiction to check for violations of driving-under-the-influence (DUI) offenses and authorizes the board of supervisors of a county to establish, by ordinance, a combined vehicle inspection and sobriety checkpoint program to check for violations of motor vehicle exhaust standards in addition to DUI offenses.

Existing law authorizes a peace officer, whenever the peace officer determines, among other things, that a person was driving a vehicle (1) without ever having been issued a driver’s license, to immediately arrest that person and cause the removal and seizure of his or her vehicle for an impoundment period of 30 days, or (2) if the person is currently without a valid driver’s license, to remove the vehicle for a shorter period of time upon issuance of a notice to appear if the registered owner or the registered owner’s agent presents a currently valid driver’s license and proof of current vehicle registration, or upon order of the court. A violation of the Vehicle Code is a crime.

This bill would authorize the Department of the… More
Existing law authorizes a city or a county to establish a sobriety checkpoint program in highways under its jurisdiction to check for violations of driving-under-the-influence (DUI) offenses and authorizes the board of supervisors of a county to establish, by ordinance, a combined vehicle inspection and sobriety checkpoint program to check for violations of motor vehicle exhaust standards in addition to DUI offenses.

Existing law authorizes a peace officer, whenever the peace officer determines, among other things, that a person was driving a vehicle (1) without ever having been issued a driver’s license, to immediately arrest that person and cause the removal and seizure of his or her vehicle for an impoundment period of 30 days, or (2) if the person is currently without a valid driver’s license, to remove the vehicle for a shorter period of time upon issuance of a notice to appear if the registered owner or the registered owner’s agent presents a currently valid driver’s license and proof of current vehicle registration, or upon order of the court. A violation of the Vehicle Code is a crime.

This bill would authorize the Department of the California Highway Patrol, and a city, county, or city and county, by ordinance or resolution, to establish a sobriety checkpoint program on highways within their respective jurisdictions to identify drivers who are in violation of specified DUI offenses. The bill would require that the program be conducted by the local governmental agency or department with the primary responsibility for traffic law enforcement.

The bill would require that the selection of the site of the checkpoint and the procedures for a checkpoint operation be determined by supervisory law enforcement personnel and that the law enforcement agency employ a neutral methodology for determining which vehicles to stop at the checkpoint or that all vehicles that drive through the checkpoint be stopped. The bill would also require a law enforcement agency to ensure that there are proper lighting, warning signs and signals, and clearly identifiable official vehicles, and uniformed personnel to minimize the risk to motorists and their passengers and to only operate a checkpoint when traffic volume allows for the safe operation of the program.

The bill would delete the county board of supervisors’ authority to conduct a combined vehicle inspection and sobriety checkpoint program. The bill would require a law enforcement agency that conducts a sobriety checkpoint program to provide advance notice of the checkpoint’s general location to the public within a minimum of 48 hours of the checkpoint operation and would require the law enforcement agency to provide to the public advance notice of the checkpoint’s specific location 2 hours prior to the checkpoint operation.

This bill would require that each motorist stopped be detained so that the law enforcement officer may briefly question the driver as provided. Because this bill would expand the duties of local law enforcement officials and the scope of an existing DUI checkpoint program, this bill would impose a state-mandated local program. Because the failure to comply with these provisions would constitute an infraction under the Vehicle Code, the bill would also impose a state-mandated local program by creating a new crime.

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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Amend Section 2814.1 Of, and to Add Section 2814.3 To, the Vehicle Code, Relating to Vehicles.
Author(s)
Michael Allen
Co-Authors
    Subjects
    • Vehicles: sobriety checkpoints: impoundment
    Major Actions
    Introduced2/18/2011
    Referred to Committee
    Passed Assembly Committee on Transportation5/02/2011
    Passed Assembly Committee on Appropriations5/18/2011
    Passed Assembly5/27/2011
    Passed Senate Committee on Public Safety7/05/2011
    Passed Senate9/08/2011
    Passed Assembly9/08/2011
    Presented to the governor (enrolled)9/22/2011
    Vetoed by Governor10/09/2011
    Vetoed by Governor10/09/2011
    Bill History
    Chamber/CommitteeMotionDateResult
    select this voteAssembly Committee on TransportationDo pass as amended.5/02/2011This motion PASSED the Assembly Committee on Transportation
    11 voted YES 3 voted NO 0 voted present/not voting
    select this voteAssembly Committee on AppropriationsDo pass as amended.5/18/2011This motion PASSED the Assembly Committee on Appropriations
    12 voted YES 5 voted NO 0 voted present/not voting
    currently selectedAssemblyAB 1389 ALLEN Assembly Third Reading5/27/2011This bill PASSED the Assembly
    54 voted YES 22 voted NO 4 voted present/not voting
    select this voteSenate Committee on Public SafetyDo pass as amended, and re-refer to the Committee on Appropriations.7/05/2011This motion PASSED the Senate Committee on Public Safety
    5 voted YES 2 voted NO 0 voted present/not voting
    select this voteSenateAssembly 3rd Reading AB1389 Allen By Evans9/08/2011This bill PASSED the Senate
    21 voted YES 19 voted NO 0 voted present/not voting
    select this voteAssemblyAB 1389 ALLEN Concurrence in Senate Amendments9/08/2011This bill PASSED the Assembly
    48 voted YES 25 voted NO 7 voted present/not voting
    ActionDateDescription
    Introduced2/18/2011
    2/18/2011Read first time. To print.
    2/20/2011From printer. May be heard in committee March 22.
    3/31/2011Referred to Com. on TRANS. From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.
    4/04/2011Re-referred to Com. on TRANS.
    select this voteVote5/02/2011Do pass as amended.
    5/03/2011From committee: Do pass as amended. (Ayes 11. Noes 3.) (May 2).
    5/04/2011Read second time and amended. Ordered to second reading.
    5/05/2011Read second time. Ordered to third reading. Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.
    5/18/2011From committee: Do pass as amended. (Ayes 12. Noes 5.) (May 18).
    select this voteVote5/18/2011Do pass as amended.
    5/19/2011Read second time and amended. Ordered to second reading.
    5/23/2011Read second time. Ordered to third reading.
    5/27/2011Read third time. Passed. Ordered to the Senate. (Ayes 54. Noes 22. Page 1585.)
    5/27/2011In Senate. Read first time. To Com. on RLS. for assignment.
    currently selectedAssembly Vote on Passage5/27/2011AB 1389 ALLEN Assembly Third Reading
    6/08/2011Referred to Com. on PUB. S.
    select this voteVote7/05/2011Do pass as amended, and re-refer to the Committee on Appropriations.
    7/11/2011From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 5).
    7/12/2011Read second time and amended. Re-referred to Com. on APPR.
    8/15/2011From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
    8/16/2011Read second time. Ordered to third reading.
    9/02/2011Read third time and amended. Ordered to second reading.
    9/06/2011Read second time. Ordered to third reading.
    9/08/2011Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 19. Page 2396.).
    9/08/2011In Assembly. Concurrence in Senate amendments pending. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 48. Noes 25. Page 3139.).
    select this voteSenate Vote on Passage9/08/2011Assembly 3rd Reading AB1389 Allen By Evans
    select this voteAssembly Vote on Passage9/08/2011AB 1389 ALLEN Concurrence in Senate Amendments
    9/22/2011Enrolled and presented to the Governor at 12:30 p.m.
    Vetoed10/09/2011Vetoed by Governor.

    Total contributions given to Assemblymembers from interest groups that…

    22 Organizations Supported and 0 Opposed; See Which Ones

    Organizations that took a position on
    An Act to Amend Section 2814.1 Of, and to Add Section 2814.3 To, the Vehicle Code, Relating to Vehicles.: AB 1389 ALLEN Assembly Third Reading

    22 organizations supported this bill

    American Civil Liberties Union, Berkeley / North East Bay Chapter
    Assembly Committee on Transportation (2011, April 29). Assembly Committee Analysis. Retrieved May 13, 2011, from Leg. Info.
    Asian Law Caucus
    Assembly Committee on Transportation (2011, April 29). Assembly Committee Analysis. Retrieved May 13, 2011, from Leg. Info.
    Asian Pacific American Legal Center
    Assembly Committee on Transportation (2011, April 29). Assembly Committee Analysis. Retrieved May 13, 2011, from Leg. Info.
    Associated Chaffey Teachers
    Assembly Committee on Transportation (2011, April 29). Assembly Committee Analysis. Retrieved May 13, 2011, from Leg. Info.
    California Immigrant Policy Center
    Assembly Committee on Transportation (2011, April 29). Assembly Committee Analysis. Retrieved May 13, 2011, from Leg. Info.
    Causa Justa: Just Cause
    Assembly Committee on Transportation (2011, April 29). Assembly Committee Analysis. Retrieved May 13, 2011, from Leg. Info.
    City of Coachella
    Assembly Committee on Transportation (2011, April 29). Assembly Committee Analysis. Retrieved May 13, 2011, from Leg. Info.
    Coalicion Por La Jusicia, Paz Y Dignidad
    Assembly Committee on Transportation (2011, April 29). Assembly Committee Analysis. Retrieved May 13, 2011, from Leg. Info.
    Greater Long Beach Interfaith Community Organization
    Assembly Committee on Transportation (2011, April 29). Assembly Committee Analysis. Retrieved May 13, 2011, from Leg. Info.
    International Institute Of The Bay Area
    Assembly Committee on Transportation (2011, April 29). Assembly Committee Analysis. Retrieved May 13, 2011, from Leg. Info.
    Legal Services for Prisoners with Children
    Assembly Committee on Transportation (2011, April 29). Assembly Committee Analysis. Retrieved May 13, 2011, from Leg. Info.
    Los Amigos of Orange County
    Assembly Committee on Transportation (2011, April 29). Assembly Committee Analysis. Retrieved May 13, 2011, from Leg. Info.
    National Network for Immigrant and Refugee Rights
    Assembly Committee on Transportation (2011, April 29). Assembly Committee Analysis. Retrieved May 13, 2011, from Leg. Info.
    North Bay Sponsoring Committee
    Assembly Committee on Transportation (2011, April 29). Assembly Committee Analysis. Retrieved May 13, 2011, from Leg. Info.
    PICO National Network
    Assembly Committee on Transportation (2011, April 29). Assembly Committee Analysis. Retrieved May 13, 2011, from Leg. Info.
    Pomona Habla / Speaks Community Coalition
    Assembly Committee on Transportation (2011, April 29). Assembly Committee Analysis. Retrieved May 13, 2011, from Leg. Info.
    PUEBLO
    Assembly Committee on Transportation (2011, April 29). Assembly Committee Analysis. Retrieved May 13, 2011, from Leg. Info.
    San Bernardino Community Service Center
    Assembly Committee on Transportation (2011, April 29). Assembly Committee Analysis. Retrieved May 13, 2011, from Leg. Info.
    Service Employees International Union
    Assembly Committee on Transportation (2011, April 29). Assembly Committee Analysis. Retrieved May 13, 2011, from Leg. Info.
    Sumac Services
    Assembly Committee on Transportation (2011, April 29). Assembly Committee Analysis. Retrieved May 13, 2011, from Leg. Info.
    Unified Translation Services
    Assembly Committee on Transportation (2011, April 29). Assembly Committee Analysis. Retrieved May 13, 2011, from Leg. Info.
    Watts / Century Latino Organization
    Assembly Committee on Transportation (2011, April 29). Assembly Committee Analysis. Retrieved May 13, 2011, from Leg. Info.

    0 organizations opposed this bill

    Need proof?

    View citations of support and opposition

    Includes reported contributions to campaigns of Assemblymembers in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2011 – December 31, 2012.
    Contributions data source: FollowTheMoney.org

    Contributions by Legislator

    Namesort iconPartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Katcho AchadjianRCA-33$3,500$0
    Luis AlejoDCA-28$17,500$0
    Michael AllenDCA-7$65,000$0
    Tom AmmianoDCA-13$20,700$0
    Toni AtkinsDCA-76$28,700$0
    Jim BeallDCA-24$62,550$0
    Bill BerryhillRCA-26$1,750$0
    Marty BlockDCA-78$74,250$0
    Bob BlumenfieldDCA-40$24,050$0
    Susan BonillaDCA-11$24,050$0
    Steven BradfordDCA-51$24,600$0
    Julia BrownleyDCA-41$0$0
    Joan BuchananDCA-15$36,900$0
    Betsy ButlerDCA-53$31,400$0
    Charles CalderonDCA-58$0$0
    Nora CamposDCA-23$26,300$0
    Wilmer Amina CarterDCA-62$0$0
    Gilbert CedilloDCA-45$0$0
    Wesley ChesbroDCA-1$18,400$0
    Connie ConwayRCA-34$18,900$0
    Paul CookRCA-65$0$0
    Mike DavisDCA-48$0$0
    Roger DickinsonDCA-9$20,000$0
    Tim DonnellyRCA-59$1,250$0
    Mike EngDCA-49$0$0
    Mike FeuerDCA-42$0$0
    Nathan FletcherRCA-75$0$0
    Paul FongDCA-22$62,000$0
    Felipe FuentesDCA-39$0$0
    Warren FurutaniDCA-55$0$0
    Beth GainesRCA-4$12,400$0
    Cathleen GalgianiDCA-17$51,500$0
    Martin GarrickRCA-74$0$0
    Mike GattoDCA-43$44,200$0
    Rich GordonDCA-21$26,600$0
    Jeff GorellRCA-37$7,500$0
    Shannon GroveRCA-32$2,000$0
    Curt HagmanRCA-60$9,800$0
    Linda HaldermanRCA-29$0$0
    Isadore HallDCA-52$32,500$0
    Diane HarkeyRCA-73$8,900$0
    Mary HayashiDCA-18$0$0
    Roger HernandezDCA-57$30,250$0
    Jerry HillDCA-19$29,800$0
    Alyson HuberDCA-10$0$0
    Ben HuesoDCA-79$14,900$0
    Jared HuffmanDCA-6$0$0
    Kevin JeffriesRCA-66$0$0
    Brian JonesRCA-77$2,000$0
    Steve KnightRCA-36$3,150$0
    Ricardo LaraDCA-50$35,400$0
    Dan LogueRCA-3$4,000$0
    Bonnie LowenthalDCA-54$2,500$0
    Fiona MaDCA-12$0$0
    Allan MansoorRCA-68$100$0
    Tony MendozaDCA-56$0$0
    Jeff MillerRCA-71$13,100$0
    Holly MitchellDCA-47$18,529$0
    Bill MonningDCA-27$33,000$0
    Mike MorrellRCA-63$8,321$0
    Brian NestandeRCA-64$7,000$0
    Jim NielsenRCA-2$2,500$0
    Chris NorbyRCA-72$4,750$0
    Kristin OlsenRCA-25$12,900$0
    Richard PanDCA-5$50,300$0
    Henry PereaDCA-31$21,400$0
    John PerezDCA-46$68,500$0
    Manuel PerezDCA-80$27,400$0
    Anthony PortantinoDCA-44$0$0
    Jim SilvaRCA-67$0$0
    Nancy SkinnerDCA-14$25,800$0
    Cameron SmythRCA-38$0$0
    Jose SolorioDCA-69$0$0
    Sandre SwansonDCA-16$0$0
    Norma TorresDCA-61$17,900$0
    David ValadaoRCA-30$0$0
    Don WagnerRCA-70$9,750$0
    Bob WieckowskiDCA-20$24,400$0
    Das WilliamsDCA-35$32,450$0
    Mariko YamadaDCA-8$27,275$0

    Add Data Filters:

    Legislator Filters
    Legislator Filters
    Show All
    NamePartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Katcho AchadjianRCA-33$3,500$0
    Luis AlejoDCA-28$17,500$0
    Michael AllenDCA-7$65,000$0
    Tom AmmianoDCA-13$20,700$0
    Toni AtkinsDCA-76$28,700$0
    Jim BeallDCA-24$62,550$0
    Bill BerryhillRCA-26$1,750$0
    Marty BlockDCA-78$74,250$0
    Bob BlumenfieldDCA-40$24,050$0
    Susan BonillaDCA-11$24,050$0
    Steven BradfordDCA-51$24,600$0
    Julia BrownleyDCA-41$0$0
    Joan BuchananDCA-15$36,900$0
    Betsy ButlerDCA-53$31,400$0
    Charles CalderonDCA-58$0$0
    Nora CamposDCA-23$26,300$0
    Wilmer Amina CarterDCA-62$0$0
    Gilbert CedilloDCA-45$0$0
    Wesley ChesbroDCA-1$18,400$0
    Connie ConwayRCA-34$18,900$0
    Paul CookRCA-65$0$0
    Mike DavisDCA-48$0$0
    Roger DickinsonDCA-9$20,000$0
    Tim DonnellyRCA-59$1,250$0
    Mike EngDCA-49$0$0
    Mike FeuerDCA-42$0$0
    Nathan FletcherRCA-75$0$0
    Paul FongDCA-22$62,000$0
    Felipe FuentesDCA-39$0$0
    Warren FurutaniDCA-55$0$0
    Beth GainesRCA-4$12,400$0
    Cathleen GalgianiDCA-17$51,500$0
    Martin GarrickRCA-74$0$0
    Mike GattoDCA-43$44,200$0
    Rich GordonDCA-21$26,600$0
    Jeff GorellRCA-37$7,500$0
    Shannon GroveRCA-32$2,000$0
    Curt HagmanRCA-60$9,800$0
    Linda HaldermanRCA-29$0$0
    Isadore HallDCA-52$32,500$0
    Diane HarkeyRCA-73$8,900$0
    Mary HayashiDCA-18$0$0
    Roger HernandezDCA-57$30,250$0
    Jerry HillDCA-19$29,800$0
    Alyson HuberDCA-10$0$0
    Ben HuesoDCA-79$14,900$0
    Jared HuffmanDCA-6$0$0
    Kevin JeffriesRCA-66$0$0
    Brian JonesRCA-77$2,000$0
    Steve KnightRCA-36$3,150$0
    Ricardo LaraDCA-50$35,400$0
    Dan LogueRCA-3$4,000$0
    Bonnie LowenthalDCA-54$2,500$0
    Fiona MaDCA-12$0$0
    Allan MansoorRCA-68$100$0
    Tony MendozaDCA-56$0$0
    Jeff MillerRCA-71$13,100$0
    Holly MitchellDCA-47$18,529$0
    Bill MonningDCA-27$33,000$0
    Mike MorrellRCA-63$8,321$0
    Brian NestandeRCA-64$7,000$0
    Jim NielsenRCA-2$2,500$0
    Chris NorbyRCA-72$4,750$0
    Kristin OlsenRCA-25$12,900$0
    Richard PanDCA-5$50,300$0
    Henry PereaDCA-31$21,400$0
    John PerezDCA-46$68,500$0
    Manuel PerezDCA-80$27,400$0
    Anthony PortantinoDCA-44$0$0
    Jim SilvaRCA-67$0$0
    Nancy SkinnerDCA-14$25,800$0
    Cameron SmythRCA-38$0$0
    Jose SolorioDCA-69$0$0
    Sandre SwansonDCA-16$0$0
    Norma TorresDCA-61$17,900$0
    David ValadaoRCA-30$0$0
    Don WagnerRCA-70$9,750$0
    Bob WieckowskiDCA-20$24,400$0
    Das WilliamsDCA-35$32,450$0
    Mariko YamadaDCA-8$27,275$0

    Interest Groups that supported this bill

    $ Donated
    Teachers unions$795,150
    Restaurants & drinking establishments$203,051
    Computer software$177,300
    Municipal & county government organizations$31,800
    Minority & ethnic groups$31,600
    Welfare & social work$28,175
    Services$17,500
    Commercial service unions$0
    Human rights$0

    Interest Groups that opposed this bill

    $ Donated
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