AB 446

This bill imposes a mandatory minimum period of confinement in prison for a

person who commits homicide by intoxicated use of a vehicle.

Under current law, a person who causes the death of another by operating or

handling a vehicle while under the influence of an intoxicant, with a detectable

amount of a restricted controlled substance in his or her blood, or with a prohibited

alcohol concentration (homicide by intoxicated use of a vehicle) is guilty of a felony.

If the person has no prior convictions, operator's license suspensions, or operator's

license revocations related to operating a vehicle while intoxicated, he or she is guilty

of a Class D felony and subject to a maximum fine of $100,000, imprisonment for up

to 25 years, or both. If the person has one or more prior convictions, operator's license

suspensions, or operator's license revocations related to operating a vehicle while

intoxicated, he or she is guilty of a Class C felony and subject to the same maximum

fine, imprisonment for up to 40 years, or both.

Under current law, if a person is sentenced to imprisonment for a felony, he or

she is sentenced to serve a portion of his or her sentence incarcerated in prison

(period of confinement) and a portion of his or her sentence under extended

supervision in the community. Current law does not generally require a minimum

period of confinement for a person who is sentenced to imprisonment for a felony.

However, there are exceptions, including some minimum periods of confinement for

persons who are sentenced to imprisonment for committing a seventh or subsequent

offense related to operating a vehicle while intoxicated.

Under this bill, a person who is convicted of homicide by intoxicated use of a

vehicle must be sentenced to imprisonment and his or her period of confinement

must be at least seven years. Under the bill, if the decedent was a passenger in the

person's car, a court may sentence the person to less than the minimum if the court

finds that the best interests of the community will be served and that the public will

not be harmed. If the court sentences a person to less than the minimum, the bill

requires the court to put its findings in writing.