BILL NUMBER: AB 2501	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bonilla

                        FEBRUARY 21, 2014

   An act to amend Section 192 of the Penal Code, relating to
manslaughter.



	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 192 of the Penal Code is amended to read:
   192.  Manslaughter is the unlawful killing of a human being
without malice. It is of three kinds:
   (a) Voluntary--upon a sudden quarrel or heat of passion.
   (b) Involuntary--in the commission of an unlawful act, not
amounting to felony; or in the commission of a lawful act which might
produce death, in an unlawful manner, or without due caution and
circumspection. This subdivision shall not apply to acts committed in
the driving of a vehicle.
   (c) Vehicular--
   (1) Except as provided in subdivision (a) of Section 191.5,
driving a vehicle in the commission of an unlawful act, not amounting
to felony, and with gross negligence; or driving a vehicle in the
commission of a lawful act which might produce death, in an unlawful
manner, and with gross negligence.
   (2) Driving a vehicle in the commission of an unlawful act, not
amounting to felony, but without gross negligence; or driving a
vehicle in the commission of a lawful act which might produce death,
in an unlawful manner, but without gross negligence.
   (3) Driving a vehicle in connection with a violation of paragraph
(3) of subdivision (a) of Section 550, where the vehicular collision
or vehicular accident was knowingly caused for financial gain and
proximately resulted in the death of any person. This 
provision shall   paragraph does  not  be
construed to  prevent prosecution of a defendant for the
crime of murder. 
    This 
    (d)     This  section shall not be
construed as making any homicide in the driving of a vehicle
punishable 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 might produce death, in an unlawful manner. 

    "Gross 
    (e)     "Gross  negligence," as used
in this section,  shall   does  not
 be construed as prohibiting or precluding  
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   (1981) 30 Cal.3d
 290. 
   (f) (1) For purposes of this section, the provocation to support a
finding of "sudden quarrel" or "heat of passion" shall not be
motivated, in part or in whole, by the defendant's discovery of or
knowledge about, or the potential disclosure of one or more of the
following characteristics, or the potential disclosure of the victim'
s association with a person or group with one or more of those
characteristics, without regard to whether the characteristic
describes the defendant or the victim:  
   (A) Disability.  
   (B) Gender.  
   (C) Nationality.  
   (D) Race or ethnicity.  
   (E) Religion.  
   (F) Sexual orientation.  
   (2) For purposes of this section, "gender" includes a person's
gender identity and gender-related appearance and behavior regardless
of whether that appearance or behavior is associated with the person'
s gender as determined at birth. 
  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.