BILL NUMBER: AB 2173	CHAPTERED  09/14/04

	CHAPTER  502
	FILED WITH SECRETARY OF STATE  SEPTEMBER 14, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 14, 2004
	PASSED THE ASSEMBLY  AUGUST 16, 2004
	PASSED THE SENATE  JULY 12, 2004
	AMENDED IN SENATE  JUNE 9, 2004
	AMENDED IN ASSEMBLY  MAY 20, 2004

INTRODUCED BY   Assembly Member Parra

                        FEBRUARY 18, 2004

   An act to add Section 23593 to the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2173, Parra.  Driving-under-the-influence:  statement.
   Under existing law, it is unlawful for a person who is under the
influence of an alcoholic beverage or drug, or under the combined
influence of an alcoholic beverage and drug, who has 0.08% or more,
by weight, of alcohol in his or her blood, or who is addicted to the
use of a drug, to drive a vehicle (DUI).  Existing law imposes
various sanctions on persons convicted of a DUI offense.
   This bill would require a court to  provide a person convicted of
a reckless driving offense, as specified, or a DUI offense with a
specified advisory statement.  The bill would allow the advisory
statement to be included in a plea form, if used, or would allow the
fact that the advice was given to be specified on the record.  This
bill would require the court to include on the abstract of the
conviction or violation submitted to the Department of Motor Vehicles
that the person has been so advised.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 23593 is added to the Vehicle Code, to read:
   23593.  (a) The court shall advise a person convicted of a
violation of Section 23103, as specified in Section 23103.5, or a
violation of Section 23152 or 23153, as follows:
"You are hereby advised that being under the influence of alcohol or
drugs, or both, impairs your ability to safely operate a motor
vehicle.  Therefore, it is extremely dangerous to human life to drive
while under the influence of alcohol or drugs, or both.  If you
continue to drive while under the influence of alcohol or drugs, or
both, and, as a result of that driving, someone is killed, you can be
charged with murder."

   (b) The advisory statement may be included in a plea form, if
used, or the fact that the advice was given may be specied on the
record.
   (c) The court shall include on the abstract of the conviction or
violation submitted to the department under Section 1803 or 1816, the
fact that the person has been advised as required under subdivision
(a).