BILL ANALYSIS �
AB 956
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Date of Hearing: April 2, 2013
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 956 (Mansoor) - As Introduced: February 22, 2013
SUMMARY : Applies a five-year sentence enhancement for fleeing a
scene which is currently imposed on vehicular manslaughter with
gross negligence and vehicular manslaughter while intoxicated to
misdemeanor vehicular manslaughter when the alleged perpetrator
flees the scene.
EXISTING LAW :
1)Provides that a person who flees the scene of the crime after
committing vehicular manslaughter with gross negligence or
vehicular manslaughter while intoxicated, upon conviction for
that offense, in addition and consecutive to the punishment
prescribed, shall be punished by an additional term of
imprisonment of 5 years in the state prison. Existing law
provides that this additional term shall not be imposed unless
the allegation is charged in the accusatory pleading and
admitted by the defendant or found to be true by the trier of
fact. [Penal Code Section 20001(c).]
2)States that vehicular manslaughter is the unlawful killing of
another human being without malice, in the driving of a
vehicle in the commission of an unlawful act, not amounting to
a felony, and with gross negligence, or in the driving of a
vehicle in the commission of a lawful act which might produce
death, in an unlawful manner, and with gross negligence.
[Penal Code Section 192(c)(1).]
3)Provides for a punishment of two, three, or four years in
state prison for fleeing a scene where death occurs.
[California Vehicle Code Section 20001(b)(2).]
4)States that violation of the above section is punishable by
either imprisonment in the county jail for not more than one
year or by imprisonment in the state prison for two, four or
six years. [Penal Code Section 193(c)(1).]
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5)States that vehicular manslaughter is the unlawful killing of
another human being without malice, in the driving of a
vehicle in the commission of an unlawful act, not amounting to
a felony, without gross negligence, or in the driving of a
vehicle in the commission of a lawful act which might produce
death, in an unlawful manner, but without gross negligence.
[Penal Code Section 192(c)(2).]
6)States that violation of the above section is punishable by
imprisonment in the county jail for not more than one year.
[Penal Code Section 193(c)(2).]
7)States that 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 specified driving-under-the-influence
(DUI) offenses, 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. [Penal Code
Section 191.5(a).]
8)States that 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 specified DUI offenses, 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. [Penal Code Section 191.5(b).]
9)Provides that a first time offender of gross vehicular
manslaughter while intoxicated shall be punished by
imprisonment in the state prison for 4, 6, or 10 years.
[Penal Code Section 191.5(c)(1).]
10)Provides that an offender of vehicular manslaughter while
intoxicated is punishable by imprisonment in a county jail for
not more than one year or by imprisonment for 16 months or two
or four years. [Penal Code Section 191.5(c)(2).]
FISCAL EFFECT : Unknown
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COMMENTS :
1)Author's Statement : According to the author, "The additional
sentencing proposed by this bill will discourage individuals
from fleeing the scene after an accident. By discouraging a
driver from fleeing the scene after an accident, a victim may
have a better chance of surviving the incident."
2)Potential for County Jail Overcrowding by Adding a 5 Year
Sentence Enhancement to a Misdemeanor Offense : According to a
recent report by the Public Policy Institute of California
titled Capacity Challenges in California's Jails, California's
county jails are facing increasing adult daily populations
(ADP). Many counties are facing capacity constraints on their
population. Prior to realignment, 17 counties were operating
under court orders limiting the number of inmates in their
jails. In all, 13 counties including some of the biggest
(Los Angeles, Orange, San Diego, and Sacramento) had average
daily populations that were larger than the number of beds
their jails were rated for. This bill adds an additional
five-year consecutive sentence enhancement to a misdemeanor,
thereby exacerbating the jail overcrowding problem in
California.
3)Existing Law Punishes Flight from an Accident Where Death
Occurs with a Felony : Under current law, an offender can
already be punished for fleeing a scene where death occurs
with two, three, or four years in state prison. The idea that
a person who commits misdemeanor conduct of vehicular
manslaughter without gross negligence is not punished if he or
she flees the scene is misplaced. Those individuals may also
be charged and convicted of violating the additional felony
crime of Penal Code Section 20001(b)(2).
4)Adding a Five-Year Sentence Enhancement to a Misdemeanor :
Under current law, the five-year, consecutive, sentence
enhancement imposed by Penal Code Section 20001(c) applies to
conduct which can be charged as a felony. The enhancement
only applies to vehicular manslaughter while intoxicated and
vehicular manslaughter with gross negligence. Both of those
crimes can be charged as felonies. This bill imposes the
consecutive sentence enhancement on a misdemeanor, vehicular
manslaughter without gross negligence. In effect, this bill
imposes a felony sentence enhancement on misdemeanor conduct.
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As discussed above, an offender who flees an accident can
already be charged with an additional felony of fleeing an
accident where death occurs. Attaching a felony sentence
enhancement to misdemeanor conduct is contrary to existing
statutory practices. [See California Penal Code Section
1170.1(a) and (d).]
5)Argument in Support : None submitted.
6)Argument in Opposition: According to the American Civil
Liberties Union (ACLU), "The ACLU of California regrets to
inform you that it must oppose AB 956, which imposes an
additional five year penalty enhancement on any person
convicted of fleeing the scene of accident where death occurs,
despite no charge of gross negligence.
"Existing law authorizes a five year enhancement where a person
is convicted of fleeing the scene of an accident, and where he
or she is convicted of vehicular manslaughter with gross
negligence. (Cal. Veh. Code � 20001, subd. (c).) Vehicular
manslaughter, with gross negligence is punishable as an
alternate felony/misdemeanor. (Cal. Penal Code � 192, subd.
(c)(1); Cal. Penal Code � 193, subd. (c)(1).) Vehicular
manslaughter, without intoxication, and without gross
negligence, is punishable as a straight misdemeanor. The
penalty is up to one year in the county jail. (Cal. Penal
Code � 192, subd. (c); Cal Penal Code � 193, subd. (c)(2).)
"This bill would add a five year sentencing enhancement to what
may be charged as misdemeanor conduct. The maximum penalty
for any misdemeanor is up to one year in the county jail.
(Cal. Penal Code � 19.2.) Sentencing a person to this
enhancement where he or she is only convicted of vehicular
manslaughter without gross negligence would violate provisions
of existing law where the maximum penalty is one year in the
county jail.
"Moreover, the enhancement specified in Cal. Vehicle Code
section 20001, subdivision (c), seeks to penalize the conduct
of fleeing where the accident resulted in gross negligence.
Gross negligence is defined as reckless behavior that has a
high risk of death or serious injury. (CALCRIM No. 592.)
Adding a five year enhancement to effectively accidental
conduct, even where he or she fled, seems incongruous with the
intent of the statute. Although fleeing the scene of an
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accident is a serious criminal violation, existing law already
punishes fleeing where death occurs by a term of up to two,
three, or four years in state prison. (Cal. Vehicle Code �
20001, subd. (b)(2).)"
"Finally, particularly after the passage of the Criminal Justice
Realignment Act of 2011, many county jails face overcrowding,
and either pending litigation or the threat of litigation over
unconstitutional delivery of medical and mental health care.
Moreover, several county jails operate under court-ordered
population caps resulting from previous litigation. Expanding
criminal penalties for defendants sentenced to county jail
makes little sense, particularly where existing law appears
more than sufficient.
"For the foregoing reasons, we regretfully oppose."
7)Prior Legislation :
a) AB 1462 (Mendoza), 2011-12 of the Legislative Session,
reduced worktime credits and imposes minimum mandatory
fines for those convicted of specified vehicular
manslaughter offenses. AB 1462 failed passage in this
Committee.
b) AB 303 (Spitzer), 2007-08 Legislative Session, would
have increased the penalty for vehicular manslaughter while
intoxicated from an alternate felony/misdemeanor,
punishable by up to one year in county jail or by 16
months, 2 or 4 years in state prison, to a straight felony,
punishable by 16 months, 2 or 4 years in state prison. AB
303 would have also clarified that gross vehicular
manslaughter while intoxicated was a violent felony,
thereby making the offense a "strike" for sentencing
purposes - double the base term with a prior violent or
serious offense - and reducing potential sentence credits
from 50% to 15%. AB 303 was held in the Assembly
Appropriations Committee.
c) AB 2559 (Benoit), 2005-06 Legislative Session, increased
the penalty for vehicular manslaughter while intoxicated
without gross negligence from an alternate
felony/misdemeanor to a straight felony and increased
penalties for other specified vehicular manslaughter
sections. Prior to the hearing by this Committee, the
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author amended AB 2559 to remove the provisions related to
increasing penalties and instead made technical changes the
vehicular manslaughter sections of the Penal Code.
REGISTERED SUPPORT / OPPOSITION :
Support
California District Attorneys Association
Opposition
American Civil Liberties Union
California Public Defenders Association
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744