AB 1747
Crimes involving vehicles.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Public Safety
Take action
Record your position on this measure.
Sign in to record your position, submit testimony, or contact your legislator.
Sign in to take action- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill amends California law to change the penalties for gross vehicular manslaughter while intoxicated. It reduces the maximum penalty for this crime from a felony to a lesser felony, and introduces stricter sentencing guidelines for repeat offenders. The bill also clarifies that local agencies and school districts will not be reimbursed for any costs associated with this change.
Key provisions
- Increases the maximum penalty for gross vehicular manslaughter while intoxicated from a felony to a lesser felony.
- Establishes stricter sentencing guidelines for repeat offenders convicted of this crime.
- Clarifies that no state reimbursement is required for costs incurred by local agencies or school districts due to this change.
- Specifies the conditions under which the 15-year to life sentence applies.
- Addresses probation periods for convicted individuals.
- Maintains the possibility of murder charges in cases involving wanton disregard for life.
Who is affected
- Drivers
- Victims of vehicle accidents
- Local law enforcement agencies
- County jails
- State prison system
Notable changes
- Redefines the penalty structure for gross vehicular manslaughter while intoxicated.
- Introduces stricter sentencing for repeat offenders.
- Eliminates the requirement for state reimbursement for associated costs.
Arguments in favor
Reasons to support this legislation.
No arguments in favor have been submitted.
Submit yoursArguments opposed
Reasons to oppose this legislation.
No arguments opposed have been submitted.
Submit yoursRead the latest version inline or switch to a previous version.
AB1747:v99#DOCUMENT
Bill Start
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 1747
| Introduced by Assembly Member Sanchez |
| February 09, 2026 |
An act to amend Section 191.5 of the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1747, as introduced, Sanchez. Crimes involving vehicles.
Existing law defines vehicular manslaughter while intoxicated as the unlawful killing of a human being without malice aforethought, in the driving of a vehicle while intoxicated and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, but without gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence. Under existing law, a violation of this provision is punishable as a misdemeanor or felony.
This bill would make a violation of the above provision punishable only as a felony.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 191.5 of the Penal Code is amended to read:
191.5.
(a) Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.
(b) Vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, but without gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence.
(c) (1) Except as provided in subdivision (d), gross vehicular manslaughter while intoxicated in violation of subdivision (a) is punishable by imprisonment in the state prison for 4, 6, or 10 years.
(2) Vehicular manslaughter while intoxicated in violation of subdivision (b) is punishable by imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months or two or four years.
(d) A person convicted of violating subdivision (a) who has one or more prior convictions of this section or of paragraph (1) of subdivision (c) of Section 192, subdivision (a) or (b) of Section 192.5 of this code, or of violating Section 23152 punishable under Sections 23540, 23542, 23546, 23548, 23550, or 23552 of, or convicted of Section 23153 of, the Vehicle Code, shall be punished by imprisonment in the state prison for a term of 15 years to life. Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall apply to reduce the term imposed pursuant to this subdivision.
(e) Notwithstanding Section 1203.1 or 1203a, if a person is convicted of a violation of this section and is granted probation, the period of probation shall be not less than three nor more than five years.
(f) This section shall not be construed as prohibiting or precluding a charge of murder under Section 188 upon facts exhibiting wantonness and a conscious disregard for life to support a finding of implied malice, or upon facts showing malice consistent with the holding of the California Supreme Court in People v. Watson, 30 Cal.3d 290.
(g) This section shall not be construed as making any homicide in the driving of a vehicle or the operation of a vessel punishable which is not a proximate result of the commission of an unlawful act, not amounting to felony, or of the commission of a lawful act which might produce death, in an unlawful manner.
(h) For the penalties in subdivision (d) to apply, the existence of any fact required under subdivision (d) shall be alleged in the information or indictment and either admitted by the defendant in open court or found to be true by the trier of fact.
SEC. 2.
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.