Bill Text: CA AB2823 | 2023-2024 | Regular Session | Introduced
Bill Title: Crimes: vehicular manslaughter while intoxicated.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-04-23 - In committee: Hearing postponed by committee. [AB2823 Detail]
Download: California-2023-AB2823-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2823
| Introduced by Assembly Member Joe Patterson |
February 15, 2024 |
An act to amend Section 191.5 of the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 2823, as introduced, Joe Patterson.
Crimes: vehicular manslaughter while intoxicated.
Existing law prohibits operating a vehicle while under the influence of alcohol or drugs, as specified. Under existing law, if a person is convicted of driving under the influence and is granted probation, the period of probation shall be for no less than 3 years and no more than 5 years, unless the maximum prison sentence for the offense is greater than 5 years, in which case the period of probation may be longer.
Existing law prohibits the unlawful killing of a human being, without malice aforethought, while driving under the influence. A violation of this prohibition is punishable either as a misdemeanor or as a felony. Under existing law, if a person is convicted of the unlawful killing of a human being, without malice aforethought, while driving under the influence, and is granted probation, the period of probation shall be no more than one
year if the person is convicted of a misdemeanor and two years if the person in convicted of a felony.
This bill would increase the period of probation for a person who is convicted of the unlawful killing of a human being, without malice aforethought, while driving under the influence to be the same as the period of probation for a person who is convicted of driving under the influence.
By increasing the period of probation, this 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 191.5 of the Penal Code is amended to read:191.5.
(a) Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.(b) Vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either
the proximate result of the commission of an unlawful act, not amounting to a felony, but without gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence.
(c) (1) Except as provided in subdivision (d), gross vehicular manslaughter while intoxicated in violation of subdivision (a) is punishable by imprisonment in the state prison for 4, 6, or 10 years.
(2) Vehicular manslaughter while intoxicated in violation of subdivision (b) is punishable by imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months or two or four years.
(d) A person convicted of violating subdivision (a) who has one or more prior convictions of this
section or of paragraph (1) of subdivision (c) of Section 192, subdivision (a) or (b) of Section 192.5 of this code, or of violating Section 23152 punishable under Sections 23540, 23542, 23546, 23548, 23550, or 23552 of, or convicted of Section 23153 of, the Vehicle Code, shall be punished by imprisonment in the state prison for a term of 15 years to life. Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall apply to reduce the term imposed pursuant to this subdivision.
(e) Notwithstanding Section 1203.1 or 1203a, if a person is convicted of a violation of this section and is granted probation, the period of probation shall be not less than three nor more than five years, provided, however, that if the maximum sentence provided for the offense may exceed five years in the state prison, the period during which the sentence may be
suspended and terms of probation enforced may be for a longer period than three years but may not exceed the maximum time for which sentence of imprisonment may be pronounced.
(e)
(f) This section shall not be construed as prohibiting or precluding 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, 30 Cal. 3d 290.
(f)
(g) This section shall not be construed as making any homicide in the driving of a vehicle or the operation of a vessel punishable which is not a proximate result of the commission of an unlawful act, not amounting to felony, or of the commission of a lawful act which might produce death, in an unlawful manner.
(g)
(h) For the penalties in subdivision (d) to apply, the existence of any fact required under subdivision (d) shall be alleged in the information or indictment and either admitted by the defendant
in open court or found to be true by the trier of fact.
