AB 1462 California Assembly · 2011-2012 Regular Session

Vehicular manslaughter.

Summary
Existing law defines gross vehicular manslaughter while intoxicated and vehicular manslaughter while intoxicated and prescribes penalties of imprisonment in the state prison for 4, 6, or 10 years and in a county jail for 16 months, 2 years, or 4 years, respectively, as specified. Vehicular manslaughter while intoxicated is also punishable by imprisonment in a county jail for not more than one year. This bill would, in addition to the above-specified penalties, impose a fine for gross vehicular manslaughter while intoxicated of not less than $2,000 and a fine for vehicular manslaughter while intoxicated of not less than $1,000 but not more than $10,000, as specified. Existing law defines vehicular manslaughter and prescribes specified terms in prison. This bill would add to the penalty for vehicular manslaughter a fine of not less than $1,000 but not more than $10,000. Existing law provides that it is the intent of the Legislature that persons sentenced to state prison for a determinate sentence serve the entire sentence imposed by the court, except for a reduction in the time served in the custody of the Secretary of the Department of Corrections and Rehabilitation, as specified. Existing law permits a prisoner to earn one day of credit for each day in custody, up to a maximum of 6 months for every 6 months served, except when the prisoner commits a specified act of misconduct, including murder or manslaughter. Existing law prohibits a person who has committed a violent felony from accruing more than 15% of worktime credit. Existing law allows a prisoner confined to a county jail, industrial farm, road camp, or city jail, for each 4-day period in which a prisoner is confined or committed to the facility, to have 2 days deducted from his or her period of confinement, with specified exceptions. This bill would limit the credits available to a person who is serving a sentence in either state prison or a county jail, industrial farm, road camp, or city jail for specified cases of vehicular manslaughter, including gross vehicular manslaughter while intoxicated and vehicular manslaughter while intoxicated, to 15% of the worktime credits. By increasing the time served in county jails, 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.
Bill status failed 1 of 4 stages cleared
Introduction
Jan 2012
Committee Review
Floor Vote
Governor
Introduced Jan 10, 2012 Last action Apr 24, 2012
Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
7
Key actions
2
Committee
4
Apr 24, 2012
Lower · Passed
In committee: Set, second hearing. Hearing canceled at the request of author.
lower
Feb 27, 2012
Committee
Re-referred to Com. on PUB. S.
lower
Jan 19, 2012
Committee
Referred to Com. on PUB. S.
lower
Jan 11, 2012
Lower · Passed
From printer. May be heard in committee February 10.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
TM
Tony Mendoza
DDemocratic
CA
32