BILL NUMBER: AB 1031	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Donnelly

                        FEBRUARY 18, 2011

   An act to add Section 23153.5 to the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1031, as introduced, Donnelly. Vehicles: driving under the
influence (DUI): undocumented drivers.
   (1) Existing law requires an arresting agency to notify the
appropriate federal agency if the arresting agency has reason to
believe that a person arrested for the possession, transportation,
sale, or giving away of specified controlled substances may not be a
citizen of the United States.
   This bill would, in addition, require an arresting authority to
report to the United States Immigration and Customs Enforcement the
presence of a person if the person is arrested for driving while
under the influence of an alcoholic beverage or drug, or the combined
influence of an alcoholic beverage and drug and the person fails to
provide the arresting authority with appropriate documentation
demonstrating his or her legal presence in the United States.
   Because an arresting agency includes a local agency, this bill
would impose a state-mandated local program by increasing the duties
of local law enforcement officials.
   (2) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 23153.5 is added to the Vehicle Code, to read:
   23153.5.  An arresting authority shall report to the United States
Immigration and Customs Enforcement the presence of an arrestee when
both of the following occur:
   (a) The arrestee is arrested for a violation of either Section
23152 or 23153.
   (b) The arrestee fails to provide the arresting authority with
appropriate documentation demonstrating his or her legal presence in
the United States.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.