AB 2501, as amended, 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
begin delete 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.end delete 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
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.
12(1) Except as provided in subdivision (a) of
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. This paragraph
25does not prevent prosecution of a defendant for the crime of
27(d) This section shall not be construed as making any homicide
28in the driving of a vehicle punishable that is not a proximate result
P3 1of the commission of an unlawful act, not amounting to felony, or
2of the commission of a lawful act which might produce death, in
3an unlawful manner.
4(e) “Gross negligence,” as used in this section, does not
5or preclude a charge of murder under Section 188 upon facts
6exhibiting wantonness and a conscious disregard for life to support
7a finding of implied malice, or upon facts showing malice,
8consistent with the holding of the California Supreme Court in
9People v. Watson (1981) 30 Cal.3d 290.
10(f) (1) For purposes of this section, the provocation to support
11a finding of “sudden quarrel” or “heat of passion” shall not be
12motivated, in part or in whole, by the defendant’s discovery of or
13knowledge about, or the potential disclosure of one or more of the
14following characteristics, or the potential disclosure of the victim’s
15association with a person or group with one or more of those
16characteristics, without regard to whether the characteristic
17describes the defendant or the victim:
21(D) Race or ethnicity.
23(F) Sexual orientation.end delete
36(2) For purposes of this
begin delete sectionend delete, “gender” includes
37a person’s gender identity and gender-related appearance and
38behavior regardless of whether that appearance or behavior is
39associated with the person’s gender as determined at birth.
No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3the only costs that may be incurred by a local agency or school
4district will be incurred because this act creates a new crime or
5infraction, eliminates a crime or infraction, or changes the penalty
6for a crime or infraction, within the meaning of Section 17556 of
7the Government Code, or changes the definition of a crime within
8the meaning of Section 6 of Article XIII B of the California