Compare Versions


Bill PDF |Add To My Favorites | print page

AB-2257 Gross vehicular manslaughter: credits.(2017-2018)



Current Version: 02/13/18 - Introduced

Compare Versions information image


AB2257:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 2257

Introduced by Assembly Member Flora

February 13, 2018

An act to amend Section 2933.1 of the Penal Code, relating to credits.


LEGISLATIVE COUNSEL'S DIGEST


AB 2257, as introduced, Flora. Gross vehicular manslaughter: credits.
Under existing law, gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle while intoxicated and with gross negligence. Under existing law, gross vehicular manslaughter is punishable by imprisonment in the state prison for 4, 6, or 10 years.
Existing law requires a prisoner to be awarded credit reductions from his or her term of confinement of 6 months for every 6 months of continuous confinement. Under existing law, for each 4-day period in which a prisoner is confined in or committed to a county or city jail, industrial farm, or road camp, one day is deducted from his or her period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned, and one day is deducted unless the prisoner has not satisfactorily complied with the reasonable rules and regulations. The California Constitution grants the Department of Corrections and Rehabilitation the authority to award credits earned for good behavior and approved rehabilitative or educational achievements.
This bill would prohibit a person who is convicted of gross vehicular manslaughter from accruing more than 15% of these credits.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 2933.1 of the Penal Code is amended to read:

2933.1.
 (a) (1) Notwithstanding any other law, any person who is convicted of a felony offense listed in subdivision (c) of Section 667.5 shall accrue no more than 15 percent of worktime credit, as defined in Section 2933.
(2) Notwithstanding any other law, a person who is convicted of a violation of Section 191.5 shall not accrue more than 15 percent of the credit defined in Section 2933.
(b) The 15-percent limitation provided in subdivision (a) shall apply whether the defendant is sentenced under Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2 or sentenced under some other law. However, nothing in subdivision (a) shall does not affect the requirement of any statute that the defendant serve a specified period of time prior to minimum parole eligibility, nor shall and any offender otherwise statutorily ineligible for credit shall not be eligible for credit pursuant to this section.
(c) Notwithstanding Section 4019 or any other provision of law, the maximum credit that may be earned against a period of confinement in, or commitment to, a county jail, industrial farm, or road camp, or a city jail, industrial farm, or road camp, following arrest and prior to placement in the custody of the Director of Corrections, Secretary of the Department of Corrections and Rehabilitation shall not exceed 15 percent of the actual period of confinement for any person specified in subdivision (a).
(d) This section shall only apply applies only to offenses listed in paragraph (1) of subdivision (a) that are committed on or after the date on which this section becomes operative. September 21, 1994, and to offenses listed in paragraph (2) of subdivision (a) that are committed on or after January 1, 2019.