Bill Text: CA AB1555 | 2013-2014 | Regular Session | Introduced
Bill Title: Vehicular manslaughter: great bodily injury: driving while using wireless device.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-21 - From committee without further action pursuant to Joint Rule 62(a). [AB1555 Detail]
Download: California-2013-AB1555-Introduced.html
BILL NUMBER: AB 1555 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Frazier
JANUARY 27, 2014
An act to amend Section 193 of the Penal Code, and to amend
Sections 21070 and 42001.19 of the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1555, as introduced, Frazier. Vehicular manslaughter: great
bodily injury: driving while using wireless device.
(1) Existing law makes it an infraction to drive a motor vehicle
while using a wireless telephone unless the telephone is designed and
configured to allow hands-free listening and talking. Existing law
makes it an infraction to drive a motor vehicle while using an
electronic wireless communications device to write, send, or read a
text-based communication, unless the wireless communications device
is designed and configured to allow voice-operated and hands-free
operation. Existing law makes it an infraction for a person under the
age or 18 years to drive a motor vehicle while using a wireless
telephone, even if equipped with a hands-free device, or while using
a mobile service device.
Under existing law, vehicular manslaughter with gross negligence
is punishable either by imprisonment in a county jail for not more
than one year or by imprisonment in the state prison for 2, 4, or 6
years. Under existing law, vehicular manslaughter without gross
negligence is punishable by imprisonment in a county jail for not
more than one year.
This bill would make vehicular manslaughter without gross
negligence committed during the course of a violation of the above
prohibitions on driving a motor vehicle while using a wireless
telephone, electronic wireless communications device, or mobile
service device, punishable by imprisonment in a county jail for 16
months, or 2 or 3 years, and would make vehicular manslaughter with
gross negligence under these circumstances punishable by imprisonment
in the state prison for 4, 6, or 10 years. By increasing the
punishment for a crime, this bill would impose a state-mandated local
program.
(2) Under existing law, any driver who violates certain specified
provisions of law, including the above prohibitions on driving a
motor vehicle while using a wireless telephone, electronic wireless
communications device, or mobile service device, and as a result of
that violation proximately causes bodily injury or great bodily
injury is guilty of the public offense of unsafe operation of a motor
vehicle with bodily injury or great bodily injury. Under existing
law, a violation involving bodily injury is punishable by a fine of
$70, and a violation involving great bodily injury is punishable by a
fine of $95.
This bill would make unsafe operation of a motor vehicle with
bodily injury or great bodily injury involving a violation of the
above prohibitions on driving a motor vehicle while using a wireless
telephone, electronic wireless communications device, or mobile
service device punishable by imprisonment in a county jail for not
less than 30 days, but not more than 6 months, and a fine not to
exceed $1,000 for a violation involving bodily injury, and by
imprisonment in a county jail for not less than 90 days, but not more
than one year, and a fine not to exceed $1,000 for a violation
involving great bodily injury. By increasing the punishment for a
crime, 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 193 of the Penal Code is amended to read:
193. (a) Voluntary manslaughter is punishable by imprisonment in
the state prison for 3, 6, or 11 years.
(b) Involuntary manslaughter is punishable by imprisonment
pursuant to subdivision (h) of Section 1170 for two, three, or four
years.
(c) Vehicular manslaughter is punishable as follows:
(1) A
(1) (A) Except as
provided in subparagraph (B), a violation of paragraph (1) of
subdivision (c) of Section 192 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.
(B) A violation of paragraph (1) of subdivision (c) of Section 192
committed in the course of a violation of Section 23123, 23123.5, or
23124 of the Vehicle Code is punishable by imprisonment in the state
prison for four, six, or 10 years.
(2) A
(2) (A) Except as
provided in subparagraph (B), a violation of paragraph (2) of
subdivision (c) of Section 192 is punishable by imprisonment in
the a county jail for not more than one
year.
(B) A violation of paragraph (2) of subdivision (c) of Section 192
committed in the course of a violation of Section 23123, 23123.5, or
23124 of the Vehicle Code is punishable by imprisonment pursuant to
subdivision (h) of Section 1170 for 16 months, or two or four years.
(3) A violation of paragraph (3) of subdivision (c) of Section 192
is punishable by imprisonment in the state prison for 4, 6, or 10
years.
SEC. 2. Section 21070 of the Vehicle Code is amended to read:
21070. Notwithstanding any other provision of law, a driver who
violates any provision of this division, that is punishable as an
infraction, and as a result of that violation proximately causes
bodily injury or great bodily injury, as defined in Section 12022.7
of the Penal Code, to another person is guilty of the public offense
of unsafe operation of a motor vehicle with bodily injury or great
bodily injury. That violation is punishable as an infraction
pursuant to Section 42001.19.
SEC. 3. Section 42001.19 of the Vehicle Code is amended to read:
42001.19. Notwithstanding any other provision of
law, a person convicted of a violation of Section 21070 is
punishable, as follows:
(a) For
(a) (1) Except as
provided in paragraph (2), for a violation involving bodily
injury, by a fine of seventy dollars ($70).
(2) For a violation involving bodily injury committed in the
course of a violation of Section 23123, 23123.5, or 23124, by
imprisonment in a county jail for not less than 30 days, but not to
exceed six months, and by a fine not to exceed one thousand dollars
($1,000).
(b) For
(b) (1) Except as
provided in paragraph (2), for a violation involving great
bodily injury, as defined in Section 12022.7 of the Penal Code, by a
fine of ninety-five dollars ($95).
(2) For a violation involving great bodily injury, as defined in
Section 12022.7 of the Penal Code, committed in the course of a
violation of Section 23123, 23123.5, or 23124, by imprisonment in a
county jail for not less than 90 days, but not to exceed one year,
and by a fine not to exceed one thousand dollars ($1,000).
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
