Vehicular manslaughter: speeding and reckless driving.

Existing law prohibits a person from driving a vehicle upon a highway at a speed greater than 100 miles per hour, and provides that upon a subsequent conviction of that offense within a certain number of years, the person shall be punished by a fine and the Department of Motor Vehicles shall suspend their privilege to operate a vehicle, as specified. Under existing law, a person who drives a vehicle upon a highway or in an offstreet parking facility in willful or wanton disregard for the safety of persons or property is guilty of reckless driving, which is punishable by imprisonment in the county jail or by the payment of a fine, or both imprisonment and a fine, as specified. Existing law defines the crime of vehicular manslaughter as the unlawful killing of a human being without malice while driving a vehicle under specified circumstances, including in the commission of an unlawful act, not amounting to felony, with or without gross negligence, and provides that vehicular manslaughter is punishable as a misdemeanor or a felony. This bill would specify a list of circumstances that may, based on the totality of the circumstances, constitute gross negligence for manslaughter, including, among other circumstances, when a person has participated in a sideshow or has sped over 100 miles per hour. By expanding the definition of a crime, the 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.