BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1928|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 1928
Author: Torlakson (D)
Amended: 4/7/10 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/22/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 74-0, 4/29/10 (Consent) - See last page
for vote
SUBJECT : Vehicles: commercial drivers license:
suspension or
revocation
SOURCE : Governors Office of Planning and Research
DIGEST : This bill clarifies that the Department of Motor
Vehicles shall administratively review and uphold license
suspensions when a person has been found to have been
driving with a blood-alcohol concentration of 0.01 percent
or more while on probation for a 'driving under the
influence', or driving a commercial vehicle with a
blood-alcohol concentration of 0.04 percent or more.
ANALYSIS : Existing law provides that it is unlawful for
any person who has a 0.08 percent or more, by weight of
CONTINUED
AB 1928
Page
2
alcohol in his or her blood to drive a vehicle. (Vehicle
Code Section 23152 (b).)
Existing law provides that it is unlawful for any person
who has 0.04 percent or more, by weight, of alcohol in his
or her blood to drive a commercial vehicle. (Vehicle Code
Section 23152 (d).)
Existing law provides that it is unlawful for any person
while having 0.08 percent or more, by weight of alcohol in
his or her blood to drive a vehicle and concurrently do any
act forbidden by law, or neglect any duty imposed by law in
driving the vehicle, which act or neglect proximately
causes bodily injury to any person other than the driver.
(Vehicle Code Section 23153.)
Existing law provides that it is unlawful for any person
under 21 years of age to drive with a blood-alcohol
concentration of 0.01 percent or greater on a preliminary
alcohol screening device. (Vehicle Code Section 23136.)
Existing law provides that it is unlawful for person under
the age of 21 years who has 0.05 percent or more, by
weight, of alcohol in his or her blood to drive a vehicle.
(Vehicle Code Section 23140.)
Existing law provides that it is unlawful for a person who
is on probation for driving under the influence (DUI) with
a blood-alcohol concentration level of 0.01 percent or more
as measured by a preliminary alcohol screening device or
other chemical test. (Vehicle Code Section 23154.)
Existing law provides that a person may not operate a
commercial motor vehicle unless that person has in his or
her immediate possession a valid commercial driver's
license of the appropriate class. (Vehicle Code Section
15250 (a).)
Existing law provides that the Department of Motor Vehicles
(DMV) shall immediately suspend or revoke the privilege of
a person to operate a motor vehicle upon the receipt of an
abstract of record of a court showing that a person has
been convicted of Vehicle Code section 23152. (Vehicle
Code Section 13352.)
CONTINUED
AB 1928
Page
3
Existing law provides for the license suspension of a
person who refuses to take a chemical test or submit to a
preliminary alcohol screening device when suspected of DUI.
(Vehicle Code Sections 13353 and 13353.1.)
Existing law provides that DMV shall administratively
review the cases of people whose license was suspended
because of a refusal and shall sustain the suspension or
revocation if all of the following are true:
The peace officer had reasonable cause to believe
the person had been driving a motor vehicle in
violation of Vehicle Code sections 23136, 23140, 23152
or 23153.
The person was placed under arrest or lawfully
detained.
The person refused to comply with the chemical test
or tests being requested by the peace officer.
The person was told that his or her driving
privilege would be suspended or revoked if he or she
refused the tests. (Vehicle Code Section
13557(b)(1).)
This bill provides that the suspension or revocation shall
also be sustained if a peace officer had reasonable cause
to believe that the person was driving a motor vehicle in
violation of Vehicle Code section 23154.
Existing law provides that DMV shall administratively
review the cases of people whose license was suspended
under Vehicle Code section 13352 for driving under the
influence and shall sustain the suspension or revocation if
all of the following are true:
The peace officer had reasonable cause to believe
the person had been driving a motor vehicle in
violation of Vehicle Code sections 23136, 23140, 23152
or 23153.
The person was placed under arrest or lawfully
detained.
That the person was driving a motor vehicle under
any of the following circumstances:
CONTINUED
AB 1928
Page
4
o When the person had a blood-alcohol
concentration of 0.08 percent or more.
o When the person was under 21 years of age
and had a 0.05 percent or more, by weight of
alcohol in his or her blood.
o When the person was under 21 years of age
and had a blood-alcohol concentration of 0.02
percent or greater, as measured by a preliminary
alcohol screening test, or other chemical test.
(Vehicle Code Section 13557(b)(2).)
This bill provides that the suspension or revocation shall
also be sustained if a peace officer had reasonable cause
to believe that the person was driving a motor vehicle in
violation of Vehicle Code Section 23154.
This bill provides that suspension or revocation shall also
be sustained if the person was driving a motor vehicle
under the following circumstances:
When the person was driving a vehicle that requires
a commercial driver's license and the person had a
0.04 percent or more, by weight, of alcohol in his or
her blood.
When the person was on probation for a DUI
violation and had a blood-alcohol concentration of
0.01 percent or greater as measured by a preliminary
alcohol screening test or other chemical test.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/2/10)
Governor's Office of Planning and Research (co-source)
Association for Los Angeles Deputy Sheriffs
California District Attorneys Association
California State Sheriffs' Association
Los Angeles District Attorneys Association
Mothers Against Drunk Driving California State Organization
Riverside Sheriffs' Association
OPPOSITION : (Verified 8/3/10)
CONTINUED
AB 1928
Page
5
Taxpayers for Improving Public Safety
ARGUMENTS IN SUPPORT : According to the author's office,
"This bill seeks to close loopholes that previous bills in
the identified areas related to DUI offenses created. It
simply clarifies the Vehicle Code language in Section 13557
to make the code clear and consistent throughout. It does
not change the intent of current law-simply clarifies it
with technical clean-up language."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Bradford, Brownley, Buchanan, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Knight, Lieu, Logue, Ma,
Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, Norby, V. Manuel Perez, Portantino, Ruskin,
Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Tran, Villines,
Yamada, John A. Perez
NO VOTE RECORDED: Bass, Caballero, Jones, Bonnie Lowenthal,
Torrico, Vacancy
RJG:do 8/3/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED