BILL ANALYSIS �
AB 956
Page 1
Date of Hearing: January 14, 2014
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 956 (Mansoor) - As Introduced: February 22, 2013
SUMMARY : Applies a five-year sentence enhancement for fleeing a
scene which is currently imposed on vehicular manslaughter with
gross negligence and vehicular manslaughter while intoxicated to
misdemeanor vehicular manslaughter when the alleged perpetrator
flees the scene.
EXISTING LAW :
1)Provides that a person who flees the scene of the crime after
committing vehicular manslaughter with gross negligence or
vehicular manslaughter while intoxicated, upon conviction for
that offense, in addition and consecutive to the punishment
prescribed, shall be punished by an additional term of
imprisonment of 5 years in the state prison. Existing law
provides that this additional term shall not be imposed unless
the allegation is charged in the accusatory pleading and
admitted by the defendant or found to be true by the trier of
fact. (Pen. Code, � 20001, subd. (c).)
2)States that vehicular manslaughter is the unlawful killing of
another human being without malice, in the driving of a
vehicle in the commission of an unlawful act, not amounting to
a felony, and with gross negligence, or in the driving of a
vehicle in the commission of a lawful act which might produce
death, in an unlawful manner, and with gross negligence.
(Pen. Code, � 192, subd. (c)(1).)
3)Provides for a punishment of two, three, or four years in
state prison for fleeing a scene where death occurs. (Veh.
Code, � 20001, subd. (b)(2).)
4)States that violation of the above section is punishable by
either imprisonment in the county jail for not more than one
year or by imprisonment in the state prison for two, four or
six years. (Pen. Code, � 193, subd. (c)(1).)
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5)States that vehicular manslaughter is the unlawful killing of
another human being without malice, in the driving of a
vehicle in the commission of an unlawful act, not amounting to
a felony, without gross negligence, or in the driving of a
vehicle in the commission of a lawful act which might produce
death, in an unlawful manner, but without gross negligence.
(Pen. Code, � 192, subd. (c)(2).)
6)States that violation of the above section is punishable by
imprisonment in the county jail for not more than one year.
(Pen. Code, � 193, subd. (c)(2).)
7)States that gross vehicular manslaughter while intoxicated is
the unlawful killing of a human being without malice
aforethought, in the driving of a vehicle, where the driving
was in violation of specified driving-under-the-influence
(DUI) offenses, and the killing was either the proximate
result of the commission of an unlawful act, not amounting to
a felony, and with gross negligence, or the proximate result
of the commission of a lawful act that might produce death, in
an unlawful manner, and with gross negligence. (Pen. Code, �
191.5, subd. (a).)
8)States that vehicular manslaughter while intoxicated is the
unlawful killing of a human being without malice aforethought,
in the driving of a vehicle, where the driving was in
violation of specified DUI offenses, and the killing was
either the proximate result of the commission of an unlawful
act, not amounting to a felony, but without gross negligence,
or the proximate result of the commission of a lawful act that
might produce death, in an unlawful manner, but without gross
negligence. (Pen. Code, � 191.5, subd. (b).)
9)Provides that a first time offender of gross vehicular
manslaughter while intoxicated shall be punished by
imprisonment in the state prison for 4, 6, or 10 years. (Pen.
Code, � 191.5, subd. (c)(1).)
10)Provides that an offender of vehicular manslaughter while
intoxicated is punishable by imprisonment in a county jail for
not more than one year or by imprisonment for 16 months or two
or four years. (Pen. Code, � 191.5, subd. (c)(2).)
FISCAL EFFECT : Unknown
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COMMENTS :
1)Author's Statement : According to the author, "The additional
sentencing proposed by this bill will discourage individuals
from fleeing the scene after an accident. By discouraging a
driver from fleeing the scene after an accident, a victim may
have a better chance of surviving the incident."
2)Potential for County Jail Overcrowding by Adding a 5 Year
Sentence Enhancement to a Misdemeanor Offense : According to a
recent report by the Public Policy Institute of California
titled Capacity Challenges in California's Jails, California's
county jails are facing increasing adult daily populations
(ADP). Many counties are facing capacity constraints on their
population. Prior to realignment, 17 counties were operating
under court orders limiting the number of inmates in their
jails. In all, 13 counties including some of the biggest
(Los Angeles, Orange, San Diego, and Sacramento) had average
daily populations that were larger than the number of beds
their jails were rated for. This bill adds an additional
five-year consecutive sentence enhancement to a misdemeanor,
thereby exacerbating the jail overcrowding problem in
California.
3)Existing Law Punishes Flight from an Accident Where Death
Occurs with a Felony : Under current law, an offender can
already be punished for fleeing a scene where death occurs
with two, three, or four years in state prison. The idea that
a person who commits misdemeanor conduct of vehicular
manslaughter without gross negligence is not punished if he or
she flees the scene is misplaced. Those individuals may also
be charged and convicted of violating the additional felony
crime of Penal Code section 20001, subdivision (b)(2).
4)Cannot Attach a Five-Year Sentence Enhancement to a
Misdemeanor : Under current law, the five-year, consecutive,
sentence enhancement imposed by Penal Code section 20001,
subdivision (c) applies to conduct which can be charged as a
felony. The enhancement only applies to vehicular
manslaughter while intoxicated and vehicular manslaughter with
gross negligence. Both of those crimes can be charged as
felonies. This bill imposes the consecutive sentence
enhancement on a misdemeanor, vehicular manslaughter without
gross negligence. In effect, this bill imposes a felony
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sentence enhancement on misdemeanor conduct. As discussed
above, an offender who flees an accident can already be
charged with an additional felony of fleeing an accident where
death occurs. Attaching a felony sentence enhancement to
misdemeanor conduct is contrary to existing statutory
practices. (See Pen. Code, � 1170.1, subds. (a) & (d).)
When a trial court declares a wobbler to be a misdemeanor, any
enhancement that is applicable solely to felonies "is simply
not imposed and ceases to have any significance." [People v.
Kunkel (1985) 176 Cal.App.3d 46, 55]
5)Argument in Support : None submitted.
6)Argument in Opposition: According to the American Civil
Liberties Union (ACLU), "The ACLU of California regrets to
inform you that it must oppose AB 956, which imposes an
additional five year penalty enhancement on any person
convicted of fleeing the scene of accident where death occurs,
despite no charge of gross negligence.
"Existing law authorizes a five year enhancement where a person
is convicted of fleeing the scene of an accident, and where he
or she is convicted of vehicular manslaughter with gross
negligence. (Cal. Veh. Code � 20001, subd. (c).) Vehicular
manslaughter, with gross negligence is punishable as an
alternate felony/misdemeanor. (Cal. Penal Code � 192, subd.
(c)(1); Cal. Penal Code � 193, subd. (c)(1).) Vehicular
manslaughter, without intoxication, and without gross
negligence, is punishable as a straight misdemeanor. The
penalty is up to one year in the county jail. (Cal. Penal
Code � 192, subd. (c); Cal Penal Code � 193, subd. (c)(2).)
"This bill would add a five year sentencing enhancement to what
may be charged as misdemeanor conduct. The maximum penalty
for any misdemeanor is up to one year in the county jail.
(Cal. Penal Code � 19.2.) Sentencing a person to this
enhancement where he or she is only convicted of vehicular
manslaughter without gross negligence would violate provisions
of existing law where the maximum penalty is one year in the
county jail.
"Moreover, the enhancement specified in Cal. Vehicle Code
section 20001, subdivision (c), seeks to penalize the conduct
of fleeing where the accident resulted in gross negligence.
Gross negligence is defined as reckless behavior that has a
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high risk of death or serious injury. (CALCRIM No. 592.)
Adding a five year enhancement to effectively accidental
conduct, even where he or she fled, seems incongruous with the
intent of the statute. Although fleeing the scene of an
accident is a serious criminal violation, existing law already
punishes fleeing where death occurs by a term of up to two,
three, or four years in state prison. (Cal. Vehicle Code �
20001, subd. (b)(2).)"
"Finally, particularly after the passage of the Criminal Justice
Realignment Act of 2011, many county jails face overcrowding,
and either pending litigation or the threat of litigation over
unconstitutional delivery of medical and mental health care.
Moreover, several county jails operate under court-ordered
population caps resulting from previous litigation. Expanding
criminal penalties for defendants sentenced to county jail
makes little sense, particularly where existing law appears
more than sufficient."
7)Prior Legislation :
a) AB 1462 (Mendoza), of the 2011-12 Legislative Session,
would have reduced work-time credits and imposed minimum
mandatory fines for those convicted of specified vehicular
manslaughter offenses. AB 1462 failed passage in this
Committee.
b) AB 303 (Spitzer), of the 2007-08 Legislative Session,
would have increased the penalty for vehicular manslaughter
while intoxicated from an alternate felony/misdemeanor,
punishable by up to one year in county jail or by 16
months, 2 or 4 years in state prison, to a straight felony,
punishable by 16 months, 2 or 4 years in state prison. AB
303 would have also clarified that gross vehicular
manslaughter while intoxicated was a violent felony,
thereby making the offense a "strike" for sentencing
purposes - double the base term with a prior violent or
serious offense - and reducing potential sentence credits
from 50% to 15%. AB 303 was held in the Assembly
Appropriations Committee.
c) AB 2559 (Benoit), of the 2005-06 Legislative Session,
increased the penalty for vehicular manslaughter while
intoxicated without gross negligence from an alternate
felony/misdemeanor to a straight felony and increased
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penalties for other specified vehicular manslaughter
sections. Prior to the hearing by this Committee, the
author amended AB 2559 to remove the provisions related to
increasing penalties and instead made technical changes the
vehicular manslaughter sections of the Penal Code.
REGISTERED SUPPORT / OPPOSITION :
Support
California District Attorneys Association
Peace Officers Research Association of California
Opposition
American Civil Liberties Union
California Public Defenders Association
Taxpayers for Improving Public Safety
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744