Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 835


Introduced by Assembly Member Gipson

February 26, 2015


An act to amendbegin delete Section 523end deletebegin insert Sections 191.5 and 193end insert of the Penal Code, relating tobegin delete crime.end deletebegin insert vehicular manslaughter.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 835, as amended, Gipson. begin deleteExtortion. end deletebegin insertVehicular manslaughter: fleeing the scene of an accident.end insert

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Existing law proscribes various types of vehicular manslaughter, including gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, and vehicular manslaughter, as defined. Existing law prescribes the punishment for those crimes, including imprisonment in the state prison for 4, 6, or 10 years for gross vehicular manslaughter and imprisonment in the state prison for 2, 4, or 6 years, or in a county jail for not more than one year, as specified, for vehicular manslaughter. Existing law imposes an additional term of imprisonment of 5 years in the state prison upon a person who flees the scene of the crime after committing certain types of vehicular manslaughter, as specified.

end insert
begin insert

Existing law also provides that the crime of 2nd degree murder is generally punishable by imprisonment in the state prison for a term of 15 years to life, as specified.

end insert
begin insert

This bill would make a person who commits an act of vehicular manslaughter and flees the scene of the accident guilty of 2nd degree murder and subject to imprisonment in the state prison for a term of 15 years to life, as specified. By changing the penalty for existing crimes, the bill would impose a state-mandated local program.

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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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

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Existing law makes a person who, with the intent to extort money or other property from another, sends or delivers to any person a letter or other writing expressing or implying a threat, as specified, punishable in the same manner as if that money or property were actually obtained by means of the threat.

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This bill would make technical, nonsubstantive changes to these provisions.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 191.5 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert

3

191.5.  

(a) Gross vehicular manslaughter while intoxicated is
4the unlawful killing of a human being without malice aforethought,
5in the driving of a vehicle, where the driving was in violation of
6Section 23140, 23152, or 23153 of the Vehicle Code, and the
7killing was either the proximate result of the commission of an
8unlawful act, not amounting to a felony, and with gross negligence,
9or the proximate result of the commission of a lawful act that might
10produce death, in an unlawful manner, and with gross negligence.

11(b) Vehicular manslaughter while intoxicated is the unlawful
12killing of a human being without malice aforethought, in the
13driving of a vehicle, where the driving was in violation of Section
1423140, 23152, or 23153 of the Vehicle Code, and the killing was
15 either the proximate result of the commission of an unlawful act,
16not amounting to a felony, but without gross negligence, or the
17proximate result of the commission of a lawful act that might
18produce death, in an unlawful manner, but without gross
19negligence.

P3    1(c) (1) Except as provided in subdivision (d), gross vehicular
2manslaughter while intoxicated in violation of subdivision (a) is
3punishable by imprisonment in the state prison for 4, 6, or 10 years.

4(2) Vehicular manslaughter while intoxicated in violation of
5subdivision (b) is punishable by imprisonment in a county jail for
6not more than one year or by imprisonment pursuant to subdivision
7(h) of Section 1170 for 16 months or two or four years.

8(d) begin insert(1)end insertbegin insertend insert A person convicted of violating subdivision (a) who
9has one or more prior convictions of this section or of paragraph
10(1) of subdivision (c) of Section 192, subdivision (a) or (b) of
11Section 192.5 of this code, or of violating Section 23152 punishable
12under Sections 23540, 23542, 23546, 23548, 23550, or 23552 of,
13or convicted of Section 23153 of, the Vehicle Code, shall be
14punished by imprisonment in the state prison for a term of 15 years
15to life. Article 2.5 (commencing with Section 2930) of Chapter 7
16of Title 1 of Part 3 shall apply to reduce the term imposed pursuant
17to this subdivision.

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18(2) Notwithstanding any other law, a person who violates
19subdivision (a) or (b) and flees the scene of the accident, is guilty
20of murder in the second degree.

end insert

21(e) This section shall not be construed as prohibiting or
22precluding a charge of murder under Section 188 upon facts
23exhibiting wantonness and a conscious disregard for life to support
24a finding of implied malice, or upon facts showing malice
25consistent with the holding of the California Supreme Court in
26People v. Watson, 30 Cal. 3d 290.

27(f) This section shall not be construed as making any homicide
28in the driving of a vehicle or the operation of a vessel punishable
29which is not a proximate result of the commission of an unlawful
30act, not amounting to felony, or of the commission of a lawful act
31which might produce death, in an unlawful manner.

32(g) For the penalties in subdivisionbegin delete (d)end deletebegin insert (c)end insert to apply, the existence
33of any fact required under subdivisionbegin delete (d)end deletebegin insert (c)end insert shall be alleged in
34the information or indictment and either admitted by the defendant
35in open court or found to be true by the trier of fact.

36begin insert

begin insertSEC. end insertbegin insert2.end insert  

end insert

begin insertSection 193 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

37

193.  

(a) Voluntary manslaughter is punishable by
38imprisonment in the state prison for 3, 6, or 11 years.

P4    1(b) Involuntary manslaughter is punishable by imprisonment
2pursuant to subdivision (h) of Section 1170 for two, three, or four
3years.

4(c) Vehicular manslaughter is punishable as follows:

5(1) A violation of paragraph (1) of subdivision (c) of Section
6192 is punishable either by imprisonment in the county jail for not
7more than one year or by imprisonment in the state prison for two,
8four, or six years.

9(2) A violation of paragraph (2) of subdivision (c) of Section
10192 is punishable by imprisonment in the county jail for not more
11than one year.

12(3) A violation of paragraph (3) of subdivision (c) of Section
13192 is punishable by imprisonment in the state prison for 4, 6, or
1410 years.

begin insert

15(4) Notwithstanding any other law, a person who commits
16vehicular manslaughter and flees the scene of the accident, is guilty
17of murder in the second degree.

end insert
18begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
19Section 6 of Article XIII B of the California Constitution because
20the only costs that may be incurred by a local agency or school
21district will be incurred because this act creates a new crime or
22infraction, eliminates a crime or infraction, or changes the penalty
23for a crime or infraction, within the meaning of Section 17556 of
24the Government Code, or changes the definition of a crime within
25the meaning of Section 6 of Article XIII B of the California
26Constitution.

end insert
begin delete
27

SECTION 1.  

Section 523 of the Penal Code is amended to
28read:

29

523.  

A person who, with intent to extort money or other
30property from another, sends or delivers to any person a letter or
31other writing, whether subscribed or not, expressing or implying,
32or adapted to imply, a threat, as specified in Section 519, is
33punishable in the same manner as if that money or property were
34actually obtained by means of the threat.

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