Vehicular manslaughter while intoxicated.

Under existing law, a person who drives a motor vehicle when the person has 0.08% or more, by weight, of alcohol in their blood, is guilty of driving under the influence of alcohol. Existing law defines vehicular manslaughter as the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony or a lawful act that might produce death, in an unlawful manner, either with or without gross negligence. Under existing law, vehicular manslaughter that is committed while the person was driving under the influence of alcohol is punishable as vehicular manslaughter while intoxicated or gross vehicular manslaughter while intoxicated. Existing law requires the driver of a vehicle involved in an accident resulting in injury to a person, other than that driver, or in the death of a person to immediately stop the vehicle at the scene of the accident and provide specified personal information to the injured person or the occupants of the other vehicle and to any traffic or police officer at the scene of the accident. Under existing law, if a vehicle accident results in permanent, serious injury or death, a person who violates the requirement to stop is subject to punishment by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not less than 90 days nor more than one year, or by a specified fine, or both the imprisonment and fine. Existing law provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. This bill would authorize the child of a victim of those crimes to collect compensation from the Restitution Fund for loss of support until the child reaches 18 years of age, in an amount not to exceed $100,000. By expanding the authorizations for use of moneys in the continuously appropriated Restitution Fund, this bill would make an appropriation.