AB 2823

Bill Subjects

Crimes Vehicular Manslaughter While Intoxicated

Abstract

Existing law prohibits operating a vehicle while under the influence of alcohol or drugs, as specified. Under existing law, if a person is convicted of driving under the influence and is granted probation, the period of probation shall be for no less than 3 years and no more than 5 years, unless the maximum prison sentence for the offense is greater than 5 years, in which case the period of probation may be longer. Existing law prohibits the unlawful killing of a human being, without malice aforethought, while driving under the influence. A violation of this prohibition is punishable either as a misdemeanor or as a felony. Under existing law, if a person is convicted of the unlawful killing of a human being, without malice aforethought, while driving under the influence, and is granted probation, the period of probation shall be no more than one year if the person is convicted of a misdemeanor and two years if the person in convicted of a felony. This bill would increase the period of probation for a person who is convicted of the unlawful killing of a human being, without malice aforethought, while driving under the influence to be the same as the period of probation for a person who is convicted of driving under the influence. By increasing the period of probation, this 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.