Driving record: points: vehicular manslaughter.

Plain English Breakdown

The official source material does not provide details about penalties for vehicular manslaughter or the specifics of how judges can offer diversion programs. It only specifies adding points to a driver’s record under certain conditions.

Driving Record Points for Vehicular Manslaughter

This law adds two points to a driver's record if they are involved in misdemeanor vehicular manslaughter and their case is dismissed after completing a diversion program.

What This Bill Does

• Defines vehicular manslaughter as driving in an unlawful act or manner that leads to someone's death without malice.
• Adds two violation points to a driver’s record for a misdemeanor vehicular manslaughter violation if the case is dismissed by a judge upon completion of a diversion program.

Who It Names or Affects

• Drivers who commit misdemeanor vehicular manslaughter and whose cases are dismissed after completing a diversion program.
• Judges and courts that handle cases of misdemeanor vehicular manslaughter.

Terms To Know

Vehicular Manslaughter

A crime where someone's death occurs due to another person driving in an unlawful act or manner, without malice.

Diversion Program

A program offered by judges that allows defendants to avoid a conviction if they complete certain requirements and the case is dismissed at the end of the program.

Limits and Unknowns

• The bill does not specify what happens if someone completes a diversion program but their case is not dismissed.
• It's unclear how this change will affect traffic safety or driver behavior.
• The exact impact on drivers' records and driving privileges remains to be seen.

Official Summary Text

SB 953, as amended, Niello.
Driving record: points: vehicular manslaughter.
Existing law defines vehicular manslaughter as, among other things, driving a vehicle in the commission of an unlawful act, not amounting to a felony, or driving a vehicle in the commission of a lawful act that might produce death, in an unlawful manner, that results in the unlawful killing of a human being without malice. Under existing law, vehicular manslaughter with gross negligence, as defined, is punishable 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, and vehicular manslaughter without gross negligence is punishable by imprisonment in a county jail for not more than one year. Existing law authorizes a judge in the superior court in which a misdemeanor is being prosecuted to offer diversion to a defendant, and requires the judge, at the end of the diversion period and if the defendant has complied with the
imposed terms and conditions, to dismiss the action against the defendant.
Existing law imposes 2 violation points against a driver’s record for purposes of the suspension or revocation of the privilege to drive if a driver is convicted of vehicular manslaughter.
This bill would impose 2 violation points against a driver’s record for a misdemeanor vehicular manslaughter violation that was dismissed by a judge upon the completion of diversion.

Current Bill Text

Download Bill PDF