The new year brings a raft of new criminal laws for California. Here's an overview of some of them.
DUI
AB 1601 gives judges the authority to impose a 10 year driving ban on people convicted of three DUIs within a 10 year period. This new law appears to conflict with Vehicle Code 13352, which allows drivers convicted of three DUIs within a 10 year span to get a restricted license after six months if they agree to install an ignition interlock device. More on this in a later blog post.
Synthetic Cannabis
AB 420 makes it a misdemeanor to possess, distribute, or sell any synthetic cannabinoid substance.
Cough Syrup
It is now an infraction, punishable by a fine of up to $250, to sell to someone under 18 years of age any over-the-counter medication containing dextromethorphan (a common ingredient in cough syrups). Dextromethorphan is sought by some recreational drug users for the high it produces when ingested in larger than recommended amounts.
Vehicle Impoundment
AB 353 bars police at DUI checkpoints from impounding vehicles of drivers whose sole offense is driving without a license. Drivers will now be allowed to move their vehicles off the road and find a licensed driver to take the car away. This law was enacted in response to concern that some local law enforcement agencies were using the impoundments - which far exceeded the number of DUI arrests - as a means of boosting revenues through fees charged for release of the vehicles.
Open Carry of Firearms
People who openly carry an unloaded handgun in public may be charged with a misdemeanor. AB 144, however, does provide a number of exceptions, including police officers, hunters, and people engaging in target shooting or participating in a parade.
