AB 2501, as introduced, 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 provocation to support a finding of “sudden quarrel” or “heat of passion” for those purposes may not be motivated, in part or in whole, by the defendant’s discovery of or knowledge about, or the potential disclosure of (1) one or more of specified characteristics, including gender, race, religion, and sexual orientation, as specified, or (2) the victim’s association with a person or group with one or more of those characteristics. 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 192 of the Penal Code is amended to
2read:
Manslaughter is the unlawful killing of a human being
4without malice. It is of three kinds:
5(a) Voluntary--upon a sudden quarrel or heat of passion.
6(b) Involuntary--in the commission of an unlawful act, not
7amounting to felony; or in the commission of a lawful act which
8might produce death, in an unlawful manner, or without due caution
9and circumspection. This subdivision shall not apply to acts
10committed in the driving of a vehicle.
11(c) Vehicular--
12(1) Except as provided in subdivision (a) of Section 191.5,
13driving a vehicle in the commission of an unlawful
act, not
14amounting to felony, and with gross negligence; or driving a
15vehicle in the commission of a lawful act which might produce
16death, in an unlawful manner, and with gross negligence.
17(2) Driving a vehicle in the commission of an unlawful act, not
18amounting to felony, but without gross negligence; or driving a
19vehicle in the commission of a lawful act which might produce
20death, in an unlawful manner, but without gross negligence.
21(3) Driving a vehicle in connection with a violation of paragraph
22(3) of subdivision (a) of Section 550, where the vehicular collision
23or vehicular accident was knowingly caused for financial gain and
24proximately resulted in the death of any person. Thisbegin delete provision
25
shallend deletebegin delete be construed toend delete prevent prosecution of
26a defendant for the crime of murder.
27 This
end delete
28begin insert(d)end insertbegin insert end insertbegin insertThisend insert section shall not be construed as making any homicide
29in the driving of a vehicle punishable that is not a proximate result
30of the commission of an unlawful act, not amounting to
felony, or
31of the commission of a lawful act which might produce death, in
32an unlawful manner.
33 “Gross
end delete
34begin insert(e)end insertbegin insert end insertbegin insert“Grossend insert negligence,” as used in this section,begin delete shallend deletebegin insert doesend insert not
35begin delete be construed as prohibiting or precludingend deletebegin insert
prohibit or precludeend insert
a
36charge of murder under Section 188 upon facts exhibiting
37wantonness and a conscious disregard for life to support a finding
38of implied malice, or upon facts showing malice, consistent with
P3 1the holding of the California Supreme Court in People v. Watsonbegin delete, begin insert (1981) 30 Cal.3dend insert 290.
230 Cal. 3dend delete
3(f) (1) For purposes of this section, the provocation to support
4a finding of “sudden quarrel” or “heat of passion” shall not be
5motivated, in part or in whole, by the defendant’s discovery of or
6knowledge about, or the potential disclosure of one or more of the
7following characteristics, or the potential disclosure of the victim’s
8association with a
person or group with one or more of those
9characteristics, without regard to whether the characteristic
10describes the defendant or the victim:
11(A) Disability.
end insertbegin insert12(B) Gender.
end insertbegin insert13(C) Nationality.
end insertbegin insert14(D) Race or ethnicity.
end insertbegin insert15(E) Religion.
end insertbegin insert16(F) Sexual orientation.
end insertbegin insert
17(2) For purposes of this section, “gender” includes a person’s
18gender identity and gender-related appearance and behavior
19regardless of whether that appearance or behavior is associated
20with the person’s gender as determined at birth.
No reimbursement is required by this act pursuant to
22Section 6 of Article XIII B of the California Constitution because
23the only costs that may be incurred by a local agency or school
24district will be incurred because this act creates a new crime or
25infraction, eliminates a crime or infraction, or changes the penalty
26for a crime or infraction, within the meaning of Section 17556 of
27the Government Code, or changes the definition of a crime within
28the meaning of Section 6 of Article XIII B of the California
29Constitution.
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