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SB-1078 Vehicular manslaughter.(2019-2020)

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Date Published: 02/19/2020 09:00 PM
SB1078:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1078

Introduced by Senator Morrell

February 19, 2020

An act to amend Section 191.5 of the Penal Code, relating to vehicular manslaughter.


LEGISLATIVE COUNSEL'S DIGEST


SB 1078, as introduced, Morrell. Vehicular manslaughter.
Existing law defines the crimes of gross vehicular manslaughter while intoxicated and vehicular manslaughter while intoxicated as the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of specified laws, if the killing resulted from an unlawful or negligent act, as specified.
This bill would expand the crimes of gross vehicular manslaughter and vehicular manslaughter to include the unlawful killing of a fetus, as specified. By expanding 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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 being, or a fetus, without malice aforethought, in the driving of a vehicle, where if 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 being, or a fetus, without malice aforethought, in the driving of a vehicle, where if 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) This section shall not be construed as prohibiting or precluding 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, 30 Cal. 3d 290.
(f) This section shall not be construed as making any does not make a homicide in the driving of a vehicle or the operation of a vessel punishable which that 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 that might produce death, in an unlawful manner.
(g) 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.

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.