BILL NUMBER: AB 2501	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 22, 2014
	AMENDED IN ASSEMBLY  APRIL 24, 2014

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 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 for purposes of determining sudden
quarrel or heat of passion, the provocation was not objectively
reasonable if it resulted from the discovery of, knowledge about, or
potential disclosure of the victim's  or defendant's
 actual or perceived gender, gender identity, gender
expression, or sexual orientation, including under circumstances in
which the victim made an unwanted nonforcible romantic or sexual
advance towards the defendant, or if the defendant and victim dated
or had a romantic or sexual relationship. 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  a  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  a  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  a  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 paragraph does
not prevent prosecution of a defendant for the crime of murder.
   (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  a 
felony, or of the commission of a lawful act which might produce
death, in an unlawful manner.
   (e) "Gross negligence," as used in this section, does not 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
(1981) 30 Cal.3d 290.
   (f) (1) For purposes of determining sudden quarrel or heat of
passion  under   pursuant to  subdivision
(a), the provocation was not objectively reasonable if it resulted
from the discovery of, knowledge about, or potential disclosure of
the victim's  or defendant's  actual or perceived
gender, gender identity, gender expression, or sexual orientation,
including under circumstances in which the victim made an unwanted
nonforcible romantic or sexual advance towards the defendant, or if
the defendant and victim dated or had a romantic or sexual
relationship. Nothing in this section shall preclude the jury from
considering all relevant facts to determine whether the defendant was
in fact provoked for purposes of establishing subjective
provocation.
   (2) For purposes of this subdivision, "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.