Bill Text: CA AB2501 | 2013-2014 | Regular Session | Chaptered
Bill Title: Voluntary manslaughter.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-27 - Chaptered by Secretary of State - Chapter 684, Statutes of 2014. [AB2501 Detail]
Download: California-2013-AB2501-Chaptered.html
BILL NUMBER: AB 2501 CHAPTERED
BILL TEXT
CHAPTER 684
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2014
APPROVED BY GOVERNOR SEPTEMBER 27, 2014
PASSED THE SENATE AUGUST 26, 2014
PASSED THE ASSEMBLY AUGUST 27, 2014
AMENDED IN SENATE AUGUST 22, 2014
AMENDED IN ASSEMBLY APRIL 24, 2014
INTRODUCED BY Assembly Member Bonilla
FEBRUARY 21, 2014
An act to amend Section 192 of the Penal Code, relating to
manslaughter.
LEGISLATIVE COUNSEL'S DIGEST
AB 2501, Bonilla. Voluntary manslaughter.
Existing law defines voluntary manslaughter as the unlawful
killing of a human being without malice upon a sudden quarrel or heat
of passion. The crime of voluntary manslaughter is punishable by
imprisonment in the state prison for 3, 6, or 11 years.
This bill would state that for purposes of determining sudden
quarrel or heat of passion, the provocation was not objectively
reasonable if it resulted from the discovery of, knowledge about, or
potential disclosure of the victim's actual or perceived gender,
gender identity, gender expression, or sexual orientation, including
under circumstances in which the victim made an unwanted nonforcible
romantic or sexual advance towards the defendant, or if the defendant
and victim dated or had a romantic or sexual relationship. By
changing the definition of a crime, the bill would impose a
state-mandated local program.
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 no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 192 of the Penal Code is amended to read:
192. Manslaughter is the unlawful killing of a human being
without malice. It is of three kinds:
(a) Voluntary--upon a sudden quarrel or heat of passion.
(b) Involuntary--in the commission of an unlawful act, not
amounting to a felony; or in the commission of a lawful act which
might produce death, in an unlawful manner, or without due caution
and circumspection. This subdivision shall not apply to acts
committed in the driving of a vehicle.
(c) Vehicular--
(1) Except as provided in subdivision (a) of Section 191.5,
driving a vehicle in the commission of an unlawful act, not amounting
to a felony, and with gross negligence; or driving a vehicle in the
commission of a lawful act which might produce death, in an unlawful
manner, and with gross negligence.
(2) Driving a vehicle in the commission of an unlawful act, not
amounting to a felony, but without gross negligence; or driving a
vehicle in the commission of a lawful act which might produce death,
in an unlawful manner, but without gross negligence.
(3) Driving a vehicle in connection with a violation of paragraph
(3) of subdivision (a) of Section 550, where the vehicular collision
or vehicular accident was knowingly caused for financial gain and
proximately resulted in the death of any person. This paragraph does
not prevent prosecution of a defendant for the crime of murder.
(d) This section shall not be construed as making any homicide in
the driving of a vehicle punishable that is not a proximate result of
the commission of an unlawful act, not amounting to a felony, or of
the commission of a lawful act which might produce death, in an
unlawful manner.
(e) "Gross negligence," as used in this section, does not prohibit
or preclude a charge of murder under Section 188 upon facts
exhibiting wantonness and a conscious disregard for life to support a
finding of implied malice, or upon facts showing malice, consistent
with the holding of the California Supreme Court in People v. Watson
(1981) 30 Cal.3d 290.
(f) (1) For purposes of determining sudden quarrel or heat of
passion pursuant to subdivision (a), the provocation was not
objectively reasonable if it resulted from the discovery of,
knowledge about, or potential disclosure of the victim's actual or
perceived gender, gender identity, gender expression, or sexual
orientation, including under circumstances in which the victim made
an unwanted nonforcible romantic or sexual advance towards the
defendant, or if the defendant and victim dated or had a romantic or
sexual relationship. Nothing in this section shall preclude the jury
from considering all relevant facts to determine whether the
defendant was in fact provoked for purposes of establishing
subjective provocation.
(2) For purposes of this subdivision, "gender" includes a person's
gender identity and gender-related appearance and behavior
regardless of whether that appearance or behavior is associated with
the person's gender as determined at birth.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
