BILL NUMBER: AB 571	CHAPTERED  07/19/05

	CHAPTER  89
	FILED WITH SECRETARY OF STATE  JULY 19, 2005
	APPROVED BY GOVERNOR  JULY 19, 2005
	PASSED THE ASSEMBLY  JULY 5, 2005
	PASSED THE SENATE  JULY 1, 2005
	AMENDED IN SENATE  JUNE 29, 2005
	AMENDED IN ASSEMBLY  MAY 26, 2005
	AMENDED IN ASSEMBLY  MAY 4, 2005
	AMENDED IN ASSEMBLY  APRIL 14, 2005

INTRODUCED BY   Assembly Members Levine and Sharon Runner
   (Coauthor: Assembly Member Spitzer)

                        FEBRUARY 16, 2005

   An act to amend Section 23578 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 571, Levine  Vehicles: DUI: blood-alcohol concentration:
sanctions.
   When a person is convicted of violating specified
driving-under-the-influence (DUI) provisions, existing law requires a
court to consider a concentration of alcohol in a person's blood of
0.20% or more, by weight, or the refusal of the person to take a
chemical test, as a special factor that may justify enhancing the
penalties in sentencing, in determining whether to grant probation,
and, if probation is granted, in determining additional or enhanced
terms and conditions of probation.
   This bill, for the purposes of the above determination, would
decrease the required blood-alcohol concentration (BAC) from 0.20% to
0.15%.


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


  SECTION 1.  Section 23578 of the Vehicle Code is amended to read:
   23578.  In addition to any other provision of this code, if a
person is convicted of a violation of Section 23152 or 23153, the
court shall consider a concentration of alcohol in the person's blood
of 0.15 percent or more, by weight, or the refusal of the person to
take a chemical test, as a special factor that may justify enhancing
the penalties in sentencing, in determining whether to grant
probation, and, if probation is granted, in determining additional or
enhanced terms and conditions of probation.