BILL ANALYSIS
AB 1985
Page 1
Date of Hearing: March 12, 1996
Counsel: Jennifer P. Anderson
Legal Intern: Rich Rojas
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Paula L. Boland, Chair
AB 1985 - As Amended: March 7, 1996
SUMMARY: Increases the penalties for, and creates sentencing
enhancements for, various crimes, including driving under the
influence (DUI), reckless driving, fleeing in vehicle from a
peace officer, or causing death or bodily injury with a vehicle.
This bill makes several of these offenses "strikes" for purposes
of California's "Three Strikes" law. Specifically, this bill:
1) Increases Penalties:
a) Imposes an additional term of two years in state prison if
a person commits gross vehicular manslaughter while
intoxicated after having been previously convicted of one or
more of the following offenses: (a) vehicular manslaughter
with gross negligence, (b) reckless driving (when the offender
was allowed to plea to reckless driving in place of a driving
under the influence (DUI) conviction), (c) DUI, or (d) DUI
causing bodily injury. A court may not strike any findings
which would serve as the basis for imposing this additional
term.
b) Prohibits probation and suspension of sentence for anyone
convicted of gross vehicular manslaughter while
intoxicated. This bill expressly provides that a
defendant shall be committed to state prison for such an
offense.
c) Increases the minimum penalty for vehicular manslaughter
committed by a person who is driving a vehicle or
operating a vessel in one of the following circumstances:
(a) while in the commission of an unlawful act (that is
not a felony) and with gross negligence or; (b) while in
the commission of a lawful act which produces death in an
unlawful manner and with gross negligence.
This bill increases the minimum penalty for vehicular
manslaughter committed by a person who is driving a
vehicle or operating a vessel under the influence: (a)
while in the commission of an unlawful act (that is not a
felony) but without gross negligence, or (b) while in the
commission of a lawful act which produces death in an
unlawful manner but without gross negligence.
AB 1985
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This bill elevates these offenses from being
misdemeanor/felonies to being straight felonies. In
addition, this bill prohibits probation or suspension of a
defendant's sentence when convicted of these crimes.
d) Makes the offense of reckless driving which results in
great bodily injury a felony if the perpetrator has one or
more previous DUI convictions. In addition, the offender
would be fined $220 to $1,000 and neither probation nor
suspension of sentence could be granted to persons
sentenced under this provision.
e) Makes it a felony to cause the death or serious bodily
injury of a person while willfully fleeing or attempting
to flee in a motor vehicle from a peace officer. In
addition, the offender would be fined $1,000 to $10,000
upon conviction of this offense and neither probation nor
suspension of sentence could be granted.
2) Expands "Three Strikes":
a) Expands the definition of a prior felony for purposes of
"Three Strikes" to include the following offenses:
i. Gross vehicular manslaughter while intoxicated;
ii. Vehicular manslaughter committed by a person
operating a vehicle under either of the following
circumstances: (1) while in the commission of an
unlawful act (that is not a felony) and with gross
negligence, or (2) while in the commission of a
lawful act which produces death in an unlawful manner
and with gross negligence;
iii. Vehicular manslaughter committed by a person who is
driving a vehicle while intoxicated and under either of
the following circumstances: (1) while in the commission
of an unlawful act (that is not a felony) and with gross
negligence, or (2) while in the commission of a lawful act
which produces death in an unlawful manner and with gross
negligence;
iv. Causing the death or serious bodily injury of a
person while willfully fleeing or attempting to flee
in a motor vehicle from a peace officer;
v. Reckless driving, causing serious bodily injury,
after a previous DUI conviction; and,
vi. Driving under the influence, causing bodily injury,
after a previous DUI offense.
3) Creates New Sentencing Enhancements:
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a) Imposes a penalty enhancement of five years for fleeing
the scene of a crime after committing one of several
vehicular manslaughter offenses. A court shall not have
the authority to strike any findings which would serve as
the basis for imposing this enhancement. In addition,
neither probation nor suspension of sentence could be
granted to persons sentenced under this provision.
b) Mandates that anyone who personally inflicts great bodily
injury on another while driving under the influence shall
receive a penalty enhancement of three, four, or five
years for each victim injured. In addition, neither
probation nor suspension of sentence could be granted to
persons sentenced under this provision.
c) Provides that the penalty for a DUI after being convicted
of one or more specified offenses, including gross
vehicular manslaughter, would be imprisonment in the state
prison for four, six, or eight years and a fine of $1,015
to $5,000. In addition, the offender's license would be
revoked. Neither probation nor suspension of sentence
could be granted to persons sentenced under this
provision.
If the person has previously been convicted of four or
more such offenses, he or she would receive an additional
penalty enhancement of three years.
FISCAL EFFECT: Unknown
EXISTING LAW:
1) Gross vehicular manslaughter while intoxicated is punishable
by imprisonment in the state prison for four, six, or 10
years. (Penal Code Section 191.5(c).)
2) Vehicular manslaughter committed by a person who is driving a
vehicle or operating a vessel in one of the following
circumstances: (a) while in the commission of an unlawful act
(that is not a felony) and with gross negligence, or (b) while
in the commission of a lawful act which produces death in an
unlawful manner and with gross negligence is punishable either
by imprisonment in the county jail for not more than one year
or by imprisonment in the state prison for two, four or six
years. (Penal Code Sections 192(c)(1), 192.5(a), 193(c)(1),
and 193.5(a).)
3) Vehicular manslaughter committed by a person who is driving a
vehicle or operating a vessel under the influence: (a) while
in the commission of an unlawful act (that is not a felony)
but without gross negligence, or (b) while in the commission
of a lawful act which produces death in an unlawful manner but
AB 1985
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without gross negligence is punishable by imprisonment in the
county jail for not more than one year or imprisonment in the
state prison for 16 months or two or four years. (Penal Code
Sections 192(c)(3), 192.5(c), 193(c)(3), and 193.5(c).)
4) Causing death or serious bodily injury of a person while
willfully fleeing or attempting to flee in a motor vehicle
from a peace officer is punishable by imprisonment in the
state prison for two, three, or four years or by imprisonment
in the county jail for not more than one year, or by a fine of
$1,000 to $10,000 dollars, or by both a fine and imprisonment.
(Vehicle Code Section 2800.3.)
5) Fleeing the scene of an accident in which a person is injured
is punishable by imprisonment in the state prison or in the
county jail for not more than one year, or by a fine of $1,000
to $10,000, or by both fine and imprisonment. If the injury
is permanent and serious, or results in death, the punishment
is imprisonment in the county jail for 90 days to one year or
state prison for two, three, or four years or a fine of $1,000
to $10,000 or both a fine and imprisonment. However, the
minimum imprisonment required may be reduced or eliminated in
the discretion of the court. (Vehicle Code Sections
20001(b)(1) and (b)(2).)
6) Reckless driving which results in great bodily injury is
punishable by imprisonment in the county jail for 30 days to
six months, or by a fine of $220 to $1,000, or by both the
fine and imprisonment. If the defendant has been previously
convicted of DUI offenses, he or she shall be punished by
imprisonment in the state prison, or the county jail, or by a
fine of $220 to $1,000, or by both the fine and imprisonment.
(Vehicle Code Section 23104.)
7) The commission of a DUI with a previous DUI conviction within
the preceding seven years is punishable by imprisonment in the
state prison, or in the county jail for 120 days to one year,
and by a fine of $300 to $5,000. The person's privilege to
drive is also revoked. (Vehicle Code Section 23185.)
If the current DUI causes great bodily injury and he or she
has two or more prior DUI convictions within the preceding
seven years, as specified, the punishment is imprisonment in
the state prison for two, three, or four years and by a fine
of $1,015 to $5,000. (Vehicle Code Section 23190(a).)
If the current DUI offense results in great bodily harm and
the defendant has four or more prior DUI convictions, he or
she shall receive a penalty enhancement of three years in
state prison.
8) Under "three strikes," a person who is convicted of a felony
after having been previously convicted of a serious or violent
AB 1985
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felony, as specified, shall be punished by a minimum
indeterminate term that is twice the term otherwise provided
for the current offense. (Penal Code Section 1170.12(c)(1).)
If he or she has two or more prior serious or violent felony
convictions, the punishment for the current offense shall be
an indeterminate term of life imprisonment with a minimum term
of 25 years to life or three times the term otherwise provided
for the current felony conviction, whichever is greater.
(Penal Code Section 1170.12(c)(2)(A).)
BACKGROUND:
1) According to the Author: "This bill is named `Courtney's
Law,' in memory of a Roseville teen-ager killed last year by a
driver with a history of drunk driving convictions. The
driver convicted of killing 15 year old Courtney Cheney was
given a maximum sentence which, with time off for good
behavior, could amount to only five and one-half years in
prison despite four prior convictions for drunk driving,
including one for driving drunk and injuring someone.
On the average, four Californians die in an accident involving
a drunk driver every day. Last year the CHP reported that
drunk driving-related deaths totaled 1,488 and that 115 of
those who died were children."
3) Suggested Amendments: Since current law does not
differentiate between driving of a vehicle while under the
influence and operation of a vessel while under the influence,
the operation of a vessel should be included in all
circumstances where drunk driving is referenced. This would
allow the punishment of the two crimes to remain consistent.
A reference to Penal Code Section 192(c)(1) wherever Penal
Code 192(c)(3) is referenced should be included. This would
allow the commission of vehicular manslaughter committed with
gross negligence to be treated in virtually the same manner as
vehicular manslaughter committed by a person who is driving
under the influence, for purposes of sentencing enhancements
and determining prior convictions under "three strikes."
ARGUMENTS IN SUPPORT: Proponents of this bill argue that
individuals who drink and drive and as a result injure others
should be severely punished. All too often drunk drivers kill or
maim and go unpunished, or receive light sentences. These
"killers" are released from prison, get back on the streets and
kill again. To get behind the wheel of a vehicle while drunk is
tantamount to carrying a loaded firearm while drunk. All too
often, a tragedy occurs that could have been avoided. Vehicular
manslaughter while intoxicated is a violent crime and should be
treated as such under the provisions of "three strikes."
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ARGUMENTS IN OPPOSITION: Opponents argue that the imposition of
sanctions under the "three strike" provisions will be too
expensive and inappropriate punishment for the borderline cases.
In addition, amending the "three strikes" law to include crimes
that are not already considered serious or violent sets a
dangerous policy precedent, which is likely to result in a
piecemeal approach to "three strikes" as new crimes are added
with each passing legislative session.
REGISTERED SUPPORT/OPPOSITION:
Support
The Parents of Courtney Cheney
California Organization of Police and Sheriffs (COPS)
Mothers Against Drunk Driving (MADD)
Opposition
American Civil Liberties Union
California Attorneys for Criminal Justice
Laurance S. Smith, Esq.
Analysis prepared by: Jennifer P. Anderson / apubs / 445-3268