SB 907: Driving under the influence and other driving offenses: comprehensive reform.
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2026-09-25
Current Status:
Passed
(2026-09-25: Chaptered by Secretary of State. Chapter 443, Statutes of 2026.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
Existing law makes it a crime to operate a vehicle while under the influence of alcohol or drugs, and sets forth the penalties for a violation of these provisions.
Existing law requires the driver of a vehicle involved in an accident resulting in injury or death to a person, other than that driver, to immediately stop the vehicle at the scene of the accident and provide specified personal information to the injured person or the occupants of the other vehicle and to any traffic or police officer at the scene of the accident. Existing law makes failing to comply with these requirements a crime, punishable as a misdemeanor for an accident resulting in injury and punishable as a misdemeanor or a felony for an accident resulting in death or serious injury, as defined.
This bill would make the above-described violation for an accident resulting injury punishable as a misdemeanor or a felony and would impose an increased felony penalty for the above-described violation for an accident resulting in death or serious injury, if either of those violations occurred within 10 years of a separate driving under the influence, reckless driving, or gross vehicular manslaughter violation, as specified. By increasing the potential time of imprisonment, the bill would impose a state-mandated local program.
Existing law requires a person who is convicted of specified crimes related to driving under the influence to be advised by the court of the dangerousness of their actions and that if that behavior in the future results in a persons death, they may be charged with murder.
This bill would additionally require this advisement to be given if a person enters a plea to a different or lesser offense, as described.
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. By imposing an increased term of imprisonment, this bill would create a state-mandated local program.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law makes it a crime to operate a vehicle while under the influence of alcohol or drugs, and sets forth the penalties for a violation of these provisions.
Existing law requires the driver of a vehicle involved in an accident resulting in injury or death to a person, other than that driver, to immediately stop the vehicle at the scene of the accident and provide specified personal information to the injured person or the occupants of the other vehicle and to any traffic or police officer at the scene of the accident. Existing law makes failing to comply with these requirements a crime, punishable as a misdemeanor for an accident resulting in injury and punishable as a misdemeanor or a felony for an accident resulting in death or serious injury, as defined.
This bill would make the above-described violation for an accident resulting injury punishable as a misdemeanor or a felony and would impose an increased felony penalty for the above-described violation for an accident resulting in death or serious injury, if either of those violations occurred within 10 years of a separate driving under the influence, reckless driving, or gross vehicular manslaughter violation, as specified. By increasing the potential time of imprisonment, the bill would impose a state-mandated local program.
Existing law requires a person who is convicted of specified crimes related to driving under the influence to be advised by the court of the dangerousness of their actions and that if that behavior in the future results in a persons death, they may be charged with murder.
This bill would additionally require this advisement to be given if a person enters a plea to a different or lesser offense, as described.
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. By imposing an increased term of imprisonment, this bill would create a state-mandated local program.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law makes it a crime to operate a vehicle while under the influence of alcohol or drugs, and sets forth the penalties for a violation of these provisions. Existing law provides that a person who is guilty of driving under the influence or driving under the influence causing injury is subject to enhanced penalties if the current offense occurred within 10 years of a prior conviction that was punished as a felony for driving under the influence, driving under the influence causing injury, or vehicular manslaughter with gross negligence.
This bill would impose for a person convicted of certain driving under the influence offenses an additional 3-year term for each prior conviction of those offenses occurring within 10 years, as specified. By imposing a sentencing enhancement, this bill would establish a state-mandated local program.Existing law requires the driver of a vehicle involved in an accident resulting only in damage to property, including vehicles, to immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists and provide specified personal information to the driver of the other vehicle. Existing law makes failing to comply with these requirements a misdemeanor. ExistingExisting law requires the driver of a vehicle involved in an accident resulting in injury or death to a person, other than that driver, or in the death of a person, to immediately stop the vehicle at the scene of the accident and provide specified personal information to the injured person or the occupants of the other vehicle and to any traffic or police officer at the scene of the accident. Existing law makes failing to comply with these requirements a crime. crime, punishable as a misdemeanor for an accident resulting in injury and punishable as a misdemeanor or a felony for an accident resulting in death or serious injury, as defined.
This bill would impose an increased penalty for each of the above-described violations if it make the above-described violation for an accident resulting injury punishable as a misdemeanor or a felony and would impose an increased felony penalty for the above-described violation for an accident resulting in death or serious injury, if either of those violations occurred within 10 years of a separate driving under the influence, reckless driving, or gross vehicular manslaughter violation, as specified. By creating a sentencing enhancement, increasing the potential time of imprisonment, the bill would impose a state-mandated local program.
Existing law requires a person who is convicted of specified crimes related to driving under the influence to be advised by the court of the dangerousness of their actions and that if that behavior in the future results in a persons death, they may be charged with murder.
This bill would additionally require this advisement to be given if the court dismisses an allegation of a violation of driving under the influence or if a person enters a plea to a different or lesser offense, as described.
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. By imposing an increased term of imprisonment, this bill would create a state-mandated local program.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law makes it a crime to operate a vehicle while under the influence of alcohol or drugs, and sets forth the penalties for a violation of these provisions. Existing law provides that a person who is guilty of driving under the influence or driving under the influence causing injury is subject to enhanced penalties if the current offense occurred within 10 years of a prior conviction that was punished as a felony for driving under the influence, driving under the influence causing injury, or vehicular manslaughter with gross negligence.
This bill would impose for a person convicted of certain driving under the influence offenses an additional 3-year term for each prior conviction of those offenses occurring within 10 years, as specified. By imposing a sentencing enhancement, this bill would establish a state-mandated local program.
Existing law requires the driver of a vehicle involved in an accident resulting only in damage to property, including vehicles, to immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists and provide specified personal information to the driver of the other vehicle. Existing law makes failing to comply with these requirements a misdemeanor. Existing law requires the driver of a vehicle involved in an accident resulting in injury to a person, other than that driver, or in the death of a person, to immediately stop the vehicle at the scene of the accident and provide specified personal information to the injured person or the occupants of the other vehicle and to any traffic or police officer at the scene of the accident. Existing law makes failing to comply with these requirements a crime.
This bill would impose an increased penalty for each of the above-described violations if it occurred within 10 years of a separate driving under the influence, reckless driving, or gross vehicular manslaughter violation, as specified. By creating a sentencing enhancement, the bill would impose a state-mandated local program.
Existing law requires a person who is convicted of specified crimes related to driving under the influence to be advised by the court of the dangerousness of their actions and that if that behavior in the future results in a persons death, they may be charged with murder.
This bill would additionally require this advisement to be given if the court dismisses an allegation of a violation of driving under the influence or if a person enters a plea to a different or lesser offense, as described.
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. By imposing an increased term of imprisonment, this bill would create a state-mandated local program.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law defines the term violent felony for various purposes, including, among others, enhancing the punishment for felonies pursuant to existing sentencing provisions commonly known as the 3 strikes law. The Legislature may directly amend the three strikes law by a statute passed in each house by a 2/3 vote, or by a statute that becomes effective only when approved by the voters. including enhancing the punishment for felonies.
This bill would add to those crimes that are within the definition of a violent felony for all purposes, including of the three strikes law, vehicular manslaughter, as specified. felony. By expanding the scope of an enhancement, this bill would impose a state-mandated local program.
Existing law requires a person convicted of 2 or more felonies to be sentenced to an aggregate term of imprisonment for all convictions at a sum of the principal term, the subordinate term, and any additional term imposed for applicable enhancements, prior convictions, and prior prison terms. Under existing law, a principal term consists of the greatest term of imprisonment imposed by the court for any of the crimes, including any term imposed for applicable enhancements. Under existing law, the subordinate term for each consecutive offense is 1/3 of the middle term of imprisonment prescribed for each other felony conviction for which a consecutive term of imprisonment is imposed, including 1/3 of the term imposed for any specific enhancements applicable to those subordinate offenses. In lieu of an aggregate term as described above, existing law authorizes the imposition of a full, separate, and consecutive term for each violation of a certain class of manslaughter.
This bill would additionally authorize the imposition of a full, separate, and consecutive term for each violation of gross vehicular manslaughter and vehicular manslaughter while intoxicated, as specified. By authorizing the imposition of longer custody terms, this bill would establish a state-mandated local program.
Existing law makes it a crime to operate a vehicle while under the influence of alcohol or drugs, and sets forth the penalties for a violation of these provisions. Existing law provides that a person who is guilty of driving under the influence or driving under the influence causing injury is subject to enhanced penalties if the current offense occurred within 10 years of a prior conviction that was punished as a felony for driving under the influence, driving under the influence causing injury, or vehicular manslaughter with gross negligence.
This bill would impose for a person convicted of certain driving under the influence offenses an additional 3-year term for each prior conviction of those offenses occurring within 10 years, as specified. By imposing a sentencing enhancement, this bill would establish a state-mandated local program.
Existing law requires the driver of a vehicle involved in an accident resulting only in damage to property, including vehicles, to immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists and provide specified personal information to driver of the other vehicle. Existing law makes failing to comply with these requirements a misdemeanor. Existing law requires the driver of a vehicle involved in an accident resulting in injury to a person, other than that driver, or in the death of a person, to immediately stop the vehicle at the scene of the accident and provide specified personal information to the injured person or the occupants of the other vehicle and to any traffic or police officer at the scene of the accident. Existing law makes failing to comply with these requirements a crime.
This bill would impose an increased penalty for each of the above-described violations if it occurred within 10 years of a separate driving under the influence, reckless driving, or gross vehicular manslaughter violation, as specified. By creating a sentencing enhancement, the bill would impose a state-mandated local program.
Existing law requires a person who is convicted of specified crimes related to driving under the influence to be advised by the court of the dangerousness of their actions and that if that behavior in the future results in a persons death, they may be charged with murder.
This bill would additionally require this advisement to be given if the court dismisses an allegation of a violation of driving under the influence or if a person enters a plea to a different or lesser offense, as described.
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. By imposing an increased term of imprisonment, this bill would create a state-mandated local program.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law defines the term violent felony for various purposes, including, among others, enhancing the punishment for felonies pursuant to existing sentencing provisions commonly known as the 3 strikes law. The Legislature may directly amend the three strikes law by a statute passed in each house by a 2/3 vote, or by a statute that becomes effective only when approved by the voters.
This bill would add to those crimes that are within the definition of a violent felony for all purposes, including of the three strikes law, vehicular manslaughter, as specified. By expanding the scope of an enhancement, this bill would impose a state-mandated local program.
Existing law requires a person convicted of 2 or more felonies to be sentenced to an aggregate term of imprisonment for all convictions at a sum of the principal term, the subordinate term, and any additional term imposed for applicable enhancements, prior convictions, and prior prison terms. Under existing law, a principal term consists of the greatest term of imprisonment imposed by the court for any of the crimes, including any term imposed for applicable enhancements. Under existing law, the subordinate term for each consecutive offense is 1/3 of the middle term of imprisonment prescribed for each other felony conviction for which a consecutive term of imprisonment is imposed, including 1/3 of the term imposed for any specific enhancements applicable to those subordinate offenses. In lieu of an aggregate term as described above, existing law authorizes the imposition of a full, separate, and consecutive term for each violation of a certain class of manslaughter.
This bill would additionally authorize the imposition of a full, separate, and consecutive term for each violation of gross vehicular manslaughter and vehicular manslaughter while intoxicated, as specified. By authorizing the imposition of longer custody terms, this bill would establish a state-mandated local program.
Existing law makes it a crime to operate a vehicle while under the influence of alcohol or drugs, and sets forth the penalties for a violation of these provisions. Existing law provides that a person who is guilty of driving under the influence or driving under the influence causing injury is subject to enhanced penalties if the current offense occurred within 10 years of a prior conviction that was punished as a felony for driving under the influence, driving under the influence causing injury, or vehicular manslaughter with gross negligence.
This bill would impose for a person convicted of certain driving under the influence offenses an additional 3-year term for each prior conviction of those offenses occurring within 10 years, as specified. By imposing a sentencing enhancement, this bill would establish a state-mandated local program.
Existing law requires the driver of a vehicle involved in an accident resulting only in damage to property, including vehicles, to immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists and provide specified personal information to driver of the other vehicle. Existing law makes failing to comply with these requirements a misdemeanor. Existing law requires the driver of a vehicle involved in an accident resulting in injury to a person, other than that driver, or in the death of a person, to immediately stop the vehicle at the scene of the accident and provide specified personal information to the injured person or the occupants of the other vehicle and to any traffic or police officer at the scene of the accident. Existing law makes failing to comply with these requirements a crime.
This bill would impose an increased penalty for each of the above-described violations if it occurred within 10 years of a separate driving under the influence, reckless driving, or gross vehicular manslaughter violation, as specified. By creating a sentencing enhancement, the bill would impose a state-mandated local program.
Existing law requires a person who is convicted of specified crimes related to driving under the influence to be advised by the court of the dangerousness of their actions and that if that behavior in the future results in a persons death, they may be charged with murder.
This bill would additionally require this advisement to be given if the court dismisses an allegation of a violation of driving under the influence or if a person enters a plea to a different or lesser offense, as described.
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. By imposing an increased term of imprisonment, this bill would create a state-mandated local program.
This bill would provide that no reimbursement is required by this act for a specified reason.
(a)The driver of a vehicle involved in an accident resulting in injury to a person, other than themselves, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004.
(b)(1)(A)Except as provided in subparagraph (B) and in paragraph (2), a person who violates subdivision (a) shall be punished by imprisonment in the state prison, or in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine.
(B)A person who violates subdivision (a) within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, or a violation of Section 191.5 of the Penal Code, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code, that resulted in a conviction, shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine.
(2)(A)If the accident described in subdivision (a) results in death or permanent, serious injury, a person who violates subdivision (a) shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than 90 days nor more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine. However, the court, in the interests of justice and for reasons stated in the record, may reduce or eliminate the minimum imprisonment required by this paragraph.
(B)If the accident described in subdivision (a) results in death or permanent, serious injury, and the violation of subdivision (a) occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, or a violation of Section 191.5 of the Penal Code, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code, that resulted in a conviction, a person who violates subdivision (a) shall be punished by imprisonment in the state prison for three, four, or five years, or in a county jail for not less than 90 days nor more than one year, and by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000). However, the court, in the interests of justice and for reasons stated in the record, may reduce or eliminate the minimum imprisonment required by this paragraph.
(3)In imposing the minimum fine required by this subdivision, the court shall take into consideration the defendants ability to pay the fine and, in the interests of justice and for reasons stated in the record, may reduce the amount of that minimum fine to less than the amount otherwise required by this subdivision.
(c)A person who flees the scene of the crime after committing a violation of Section 191.5 of, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code, upon conviction of any of those sections, in addition and consecutive to the punishment prescribed, shall be punished by an additional term of imprisonment of five years in the state prison. This additional term shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. The court shall not strike a finding that brings a person within the provisions of this subdivision or an allegation made pursuant to this subdivision.
(d)As used in this section, permanent, serious injury means the loss or permanent impairment of function of a bodily member or organ.
SEC. 2.Section 23635 of the Vehicle Code is amended to read:23635.(a)This section shall be known, and may be cited, as Brauns Law.
(b)When an allegation of a violation of Section 23152 is dismissed by the court, an allegation of a different or lesser offense is substituted for an allegation of a violation of Section 23152, or an allegation of a separate conviction is dismissed or stricken, the court shall specify on the record its reason or reasons for the order. The court shall also specify on the record whether the dismissal, substitution, or striking was requested by the prosecution and whether the prosecution concurred in or opposed the dismissal, substitution, or striking.
(c)When the prosecution makes a motion for a dismissal or substitution, or for the striking of a separate conviction, the prosecution shall submit a written statement which shall become part of the court record and which gives the reasons for the motion. The reasons shall include, but need not be limited to, problems of proof, the interests of justice, why another offense is more properly charged, if applicable, and any other pertinent reasons. If the reasons include the interests of justice, the written statement shall specify all of the factors which contributed to this conclusion.
(d)If a defendant pleads guilty or no contest to a different or lesser offense as a substitute for an alleged violation of Section 23152, the court shall give an advisement pursuant to Section 23593.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)The driver of a vehicle involved in an accident resulting in injury to a person, other than themselves, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004.
(b)(1)(A)Except as provided in subparagraph (B) and in paragraph (2), a person who violates subdivision (a) shall be punished by imprisonment in the state prison, or in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine.
(B)A person who violates subdivision (a) within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, or a violation of Section 191.5 of the Penal Code, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code, that resulted in a conviction, shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine.
(2)(A)If the accident described in subdivision (a) results in death or permanent, serious injury, a person who violates subdivision (a) shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than 90 days nor more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine. However, the court, in the interests of justice and for reasons stated in the record, may reduce or eliminate the minimum imprisonment required by this paragraph.
(B)If the accident described in subdivision (a) results in death or permanent, serious injury, and the violation of subdivision (a) occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, or a violation of Section 191.5 of the Penal Code, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code, that resulted in a conviction, a person who violates subdivision (a) shall be punished by imprisonment in the state prison for three, four, or five years, or in a county jail for not less than 90 days nor more than one year, and by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000). However, the court, in the interests of justice and for reasons stated in the record, may reduce or eliminate the minimum imprisonment required by this paragraph.
(3)In imposing the minimum fine required by this subdivision, the court shall take into consideration the defendants ability to pay the fine and, in the interests of justice and for reasons stated in the record, may reduce the amount of that minimum fine to less than the amount otherwise required by this subdivision.
(c)A person who flees the scene of the crime after committing a violation of Section 191.5 of, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code, upon conviction of any of those sections, in addition and consecutive to the punishment prescribed, shall be punished by an additional term of imprisonment of five years in the state prison. This additional term shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. The court shall not strike a finding that brings a person within the provisions of this subdivision or an allegation made pursuant to this subdivision.
(d)As used in this section, permanent, serious injury means the loss or permanent impairment of function of a bodily member or organ.
SEC. 2.Section 23635 of the Vehicle Code is amended to read:23635.(a)This section shall be known, and may be cited, as Brauns Law.
(b)When an allegation of a violation of Section 23152 is dismissed by the court, an allegation of a different or lesser offense is substituted for an allegation of a violation of Section 23152, or an allegation of a separate conviction is dismissed or stricken, the court shall specify on the record its reason or reasons for the order. The court shall also specify on the record whether the dismissal, substitution, or striking was requested by the prosecution and whether the prosecution concurred in or opposed the dismissal, substitution, or striking.
(c)When the prosecution makes a motion for a dismissal or substitution, or for the striking of a separate conviction, the prosecution shall submit a written statement which shall become part of the court record and which gives the reasons for the motion. The reasons shall include, but need not be limited to, problems of proof, the interests of justice, why another offense is more properly charged, if applicable, and any other pertinent reasons. If the reasons include the interests of justice, the written statement shall specify all of the factors which contributed to this conclusion.
(d)If a defendant pleads guilty or no contest to a different or lesser offense as a substitute for an alleged violation of Section 23152, the court shall give an advisement pursuant to Section 23593.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)The driver of a vehicle involved in an accident resulting in injury to a person, other than themselves, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004.
(b)(1)(A)Except as provided in subparagraph (B) and in paragraph (2), a person who violates subdivision (a) shall be punished by imprisonment in the state prison, or in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine.
(B)A person who violates subdivision (a) within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, or a violation of Section 191.5 of the Penal Code, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code, that resulted in a conviction, shall be punished by imprisonment in the state prison for two, three, or four years. years, or in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine.
(2)(A)If the accident described in subdivision (a) results in death or permanent, serious injury, a person who violates subdivision (a) shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than 90 days nor more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine. However, the court, in the interests of justice and for reasons stated in the record, may reduce or eliminate the minimum imprisonment required by this paragraph.
(B)If the accident described in subdivision (a) results in death or permanent, serious injury, and the violation of subdivision (a) occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, or a violation of Section 191.5 of the Penal Code, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code, that resulted in a conviction, a person who violates subdivision (a) shall be punished by imprisonment in the state prison for two, four, or six years. three, four, or five years, or in a county jail for not less than 90 days nor more than one year, and by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000). However, the court, in the interests of justice and for reasons stated in the record, may reduce or eliminate the minimum imprisonment required by this paragraph.
(3)In imposing the minimum fine required by this subdivision, the court shall take into consideration the defendants ability to pay the fine and, in the interests of justice and for reasons stated in the record, may reduce the amount of that minimum fine to less than the amount otherwise required by this subdivision.
(c)A person who flees the scene of the crime after committing a violation of Section 191.5 of, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code, upon conviction of any of those sections, in addition and consecutive to the punishment prescribed, shall be punished by an additional term of imprisonment of five years in the state prison. This additional term shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. The court shall not strike a finding that brings a person within the provisions of this subdivision or an allegation made pursuant to this subdivision.
(d)As used in this section, permanent, serious injury means the loss or permanent impairment of function of a bodily member or organ.
SEC. 2.Section 20002 of the Vehicle Code is amended to read:20002.(a)The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Moving the vehicle in accordance with this subdivision does not affect the question of fault. The driver shall also immediately do either of the following:(1)Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present their drivers license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information presented shall include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, they shall also, upon request, present their drivers license information, if available, or other valid identification to the other involved parties.(2)Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police department of the city wherein the collision occurred or, if the collision occurred in unincorporated territory, the local headquarters of the Department of the California Highway Patrol.(b)Any person who parks a vehicle which, prior to the vehicle again being driven, becomes a runaway vehicle and is involved in an accident resulting in damage to any property, attended or unattended, shall comply with the requirements of this section relating to notification and reporting and shall, upon conviction thereof, be liable to the penalties of this section for failure to comply with the requirements.(c)(1)Any person failing to comply with all the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.(2)A violation of this section occurring within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, or a violation of Section 191.5 of, or paragraph (1) of subdivision (c) of Section 192 of, the Penal Code, that resulted in a conviction, shall be punished by imprisonment in the state prison, or in a county jail for not more than one year.SEC. 3.Section 23583 is added to the Vehicle Code, to read:23583.(a)For a person convicted of an offense enumerated in subdivision (b) for which a prison sentence or a sentence of imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code is imposed and is not suspended, the court shall impose, in addition and consecutive to any other sentence, a 3-year term for each prior separate conviction of an offense enumerated in subdivision (b), except that an additional term shall not be imposed under this subdivision for any prior conviction suffered prior to a period of 10 years in which the defendant remained free of both the commission of an offense that results in a felony conviction, and prison custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170 of the Penal Code or any felony sentence that is not suspended.(b)This section applies to all of the following:(1)A felony violation of Section 23152 or 23153.(2)An offense punishable pursuant to Section 23550 or 23550.5.(3)A violation of Section 191.5 of the Penal Code.SEC. 4.SEC. 2.Section 23635 of the Vehicle Code is amended to read:23635.(a)This section shall be known, and may be cited, as Brauns Law.
(b)When an allegation of a violation of Section 23152 is dismissed by the court, an allegation of a different or lesser offense is substituted for an allegation of a violation of Section 23152, or an allegation of a separate conviction is dismissed or stricken, the court shall specify on the record its reason or reasons for the order. The court shall also specify on the record whether the dismissal, substitution, or striking was requested by the prosecution and whether the prosecution concurred in or opposed the dismissal, substitution, or striking.
(c)When the prosecution makes a motion for a dismissal or substitution, or for the striking of a separate conviction, the prosecution shall submit a written statement which shall become part of the court record and which gives the reasons for the motion. The reasons shall include, but need not be limited to, problems of proof, the interests of justice, why another offense is more properly charged, if applicable, and any other pertinent reasons. If the reasons include the interests of justice, the written statement shall specify all of the factors which contributed to this conclusion.
(d)If the court dismisses an allegation of a violation of Section 23152, or a defendant pleads guilty or no contest to a different or lesser offense as a substitute for an alleged violation of Section 23152, the court shall give an advisement pursuant to Section 23593.
SEC. 5.SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)The driver of a vehicle involved in an accident resulting in injury to a person, other than themselves, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004.
(b)(1)(A)Except as provided in subparagraph (B) and in paragraph (2), a person who violates subdivision (a) shall be punished by imprisonment in the state prison, or in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine.
(B)A person who violates subdivision (a) within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, or a violation of Section 191.5 of the Penal Code, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code, that resulted in a conviction, shall be punished by imprisonment in the state prison for two, three, or four years.
(2)(A)If the accident described in subdivision (a) results in death or permanent, serious injury, a person who violates subdivision (a) shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than 90 days nor more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine. However, the court, in the interests of justice and for reasons stated in the record, may reduce or eliminate the minimum imprisonment required by this paragraph.
(B)If the accident described in subdivision (a) results in death or permanent, serious injury, and the violation of subdivision (a) occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, or a violation of Section 191.5 of the Penal Code, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code, that resulted in a conviction, a person who violates subdivision (a) shall be punished by imprisonment in the state prison for two, four, or six years.
(3)In imposing the minimum fine required by this subdivision, the court shall take into consideration the defendants ability to pay the fine and, in the interests of justice and for reasons stated in the record, may reduce the amount of that minimum fine to less than the amount otherwise required by this subdivision.
(c)A person who flees the scene of the crime after committing a violation of Section 191.5 of, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code, upon conviction of any of those sections, in addition and consecutive to the punishment prescribed, shall be punished by an additional term of imprisonment of five years in the state prison. This additional term shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. The court shall not strike a finding that brings a person within the provisions of this subdivision or an allegation made pursuant to this subdivision.
(d)As used in this section, permanent, serious injury means the loss or permanent impairment of function of a bodily member or organ.
SEC. 4.SEC. 2.Section 20002 of the Vehicle Code is amended to read:20002.(a)The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Moving the vehicle in accordance with this subdivision does not affect the question of fault. The driver shall also immediately do either of the following:
(1)Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present their drivers license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information presented shall include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, they shall also, upon request, present their drivers license information, if available, or other valid identification to the other involved parties.
(2)Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police department of the city wherein the collision occurred or, if the collision occurred in unincorporated territory, the local headquarters of the Department of the California Highway Patrol.
(b)Any person who parks a vehicle which, prior to the vehicle again being driven, becomes a runaway vehicle and is involved in an accident resulting in damage to any property, attended or unattended, shall comply with the requirements of this section relating to notification and reporting and shall, upon conviction thereof, be liable to the penalties of this section for failure to comply with the requirements.
(c)(1)Any person failing to comply with all the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(2)A violation of this section occurring within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, or a violation of Section 191.5 of, or paragraph (1) of subdivision (c) of Section 192 of, the Penal Code, that resulted in a conviction, shall be punished by imprisonment in the state prison, or in a county jail for not more than one year.
SEC. 5.SEC. 3.Section 23583 is added to the Vehicle Code, to read:23583.(a)For a person convicted of an offense enumerated in subdivision (b) for which a prison sentence or a sentence of imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code is imposed and is not suspended, the court shall impose, in addition and consecutive to any other sentence, a 3-year term for each prior separate conviction of an offense enumerated in subdivision (b), except that an additional term shall not be imposed under this subdivision for any prior conviction suffered prior to a period of 10 years in which the defendant remained free of both the commission of an offense that results in a felony conviction, and prison custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170 of the Penal Code or any felony sentence that is not suspended.
(b)This section applies to all of the following offenses: following:
(1)A felony violation of Section 23152 or 23153.
(2)An offense punishable pursuant to Section 23550 or 23550.5.
(3)A violation of Section 191.5 of the Penal Code.
SEC. 6.SEC. 4.Section 23635 of the Vehicle Code is amended to read:23635.(a)This section shall be known, and may be cited, as Brauns Law.
(b)When an allegation of a violation of Section 23152 is dismissed by the court, an allegation of a different or lesser offense is substituted for an allegation of a violation of Section 23152, or an allegation of a separate conviction is dismissed or stricken, the court shall specify on the record its reason or reasons for the order. The court shall also specify on the record whether the dismissal, substitution, or striking was requested by the prosecution and whether the prosecution concurred in or opposed the dismissal, substitution, or striking.
(c)When the prosecution makes a motion for a dismissal or substitution, or for the striking of a separate conviction, the prosecution shall submit a written statement which shall become part of the court record and which gives the reasons for the motion. The reasons shall include, but need not be limited to, problems of proof, the interests of justice, why another offense is more properly charged, if applicable, and any other pertinent reasons. If the reasons include the interests of justice, the written statement shall specify all of the factors which contributed to this conclusion.
(d)If the court dismisses an allegation of a violation of Section 23152, or a defendant pleads guilty or no contest to a different or lesser offense as a substitute for an alleged violation of Section 23152, the court shall give an advisement pursuant to Section 23593.
SEC. 7.SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:
(a)If one of the new offenses is one of the violent felonies specified in subdivision (c), in addition to and consecutive to any other prison terms therefor, the court shall impose a three-year term for each prior separate prison term served by the defendant if the prior offense was one of the violent felonies specified in subdivision (c). However, an additional term shall not be imposed pursuant to this subdivision for a prison term served prior to a period of 10 years in which the defendant remained free of both prison custody and the commission of an offense that results in a felony conviction.
(b)Except if subdivision (a) applies, if the new offense is a felony for which a prison sentence or a sentence of imprisonment in a county jail under subdivision (h) of Section 1170 is imposed or is not suspended, in addition and consecutive to any other sentence therefor, the court shall impose a one-year term for each prior separate prison term for a sexually violent offense, as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code, provided that an additional term shall not be imposed under this subdivision for a prison term served prior to a period of five years in which the defendant remained free of both the commission of an offense that results in a felony conviction and prison custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170 or a felony sentence that is not suspended.
(c)The Legislature finds and declares that the following specified crimes merit special consideration when imposing a sentence to display condemnation by society for these extraordinary crimes of violence against the person. For the purpose of this section, violent felony means any of the following:
(1)Murder or voluntary manslaughter.
(2)Mayhem.
(3)Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of former Section 262.
(4)Sodomy as defined in subdivision (c) or (d) of Section 286.
(5)Oral copulation as defined in subdivision (c) or (d) of Section 287 or of former Section 288a.
(6)A lewd or lascivious act as defined in subdivision (a) or (b) of Section 288.
(7)A felony punishable by death or imprisonment in the state prison for life.
(8)A felony in which the defendant inflicts great bodily injury on a person other than an accomplice that has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or a felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.
(9)Robbery.
(10)Arson in violation of subdivision (a) or (b) of Section 451.
(11)Sexual penetration as defined in subdivision (a) or (j) of Section 289.
(12)Attempted murder.
(13)A violation of Section 18745, 18750, or 18755.
(14)Kidnapping.
(15)Assault with the intent to commit a specified felony in violation of Section 220.
(16)Continuous sexual abuse of a child in violation of Section 288.5.
(17)Carjacking as defined in subdivision (a) of Section 215.
(18)Rape or sexual penetration, in concert, in violation of Section 264.1.
(19)Extortion, as defined in Section 518, that would constitute a felony violation of Section 186.22.
(20)Threats to victims or witnesses, as defined in Section 136.1, that would constitute a felony violation of Section 186.22.
(21)Burglary of the first degree, as defined in subdivision (a) of Section 460, if it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary.
(22)Any violation of Section 12022.53.
(23)A violation of subdivision (b) or (c) of Section 11418.
(24)Rape as defined in paragraph (3) of subdivision (a) of Section 261, wherein it is pleaded and proved that the defendant caused the intoxication by administering a controlled substance to the victim without their consent and with the intent to sexually assault the victim.
(25)Vehicular manslaughter in violation of Section 191.5 or paragraph (1) of subdivision (c) of Section 192.
(d)For the purposes of this section, the defendant shall be deemed to remain in prison custody for an offense until the official discharge from custody, including a period of mandatory supervision, or until release on parole or postrelease community supervision, whichever occurs first, including any time during which the defendant remains subject to reimprisonment or custody in county jail for escape from custody or is reimprisoned on revocation of parole or postrelease community supervision. The additional penalties provided for prior prison terms shall not be imposed unless they are charged and admitted or found true in the action for the new offense.
(e)The additional penalties provided for prior prison terms shall not be imposed for a felony for which the defendant did not serve a prior separate term in state prison or in county jail under subdivision (h) of Section 1170.
(f)A prior conviction of a felony shall include a conviction in another jurisdiction for an offense that, if committed in California, is punishable by imprisonment in the state prison or in county jail under subdivision (h) of Section 1170 if the defendant served one year or more in prison for the offense in the other jurisdiction. A prior conviction of a particular felony shall include a conviction in another jurisdiction for an offense that includes all of the elements of the particular felony as defined under California law if the defendant served one year or more in prison for the offense in the other jurisdiction.
(g)A prior separate prison term for the purposes of this section shall mean a continuous completed period of prison incarceration imposed for the particular offense alone or in combination with concurrent or consecutive sentences for other crimes, including reimprisonment on revocation of parole that is not accompanied by a new commitment to prison, and including reimprisonment after an escape from incarceration.
(h)Serving a prison term includes confinement time in a state prison or federal penal institution as punishment for commission of an offense, including confinement in a hospital or other institution or facility credited as service of prison time in the jurisdiction of the confinement.
(i)For the purposes of this section, a commitment to the State Department of Mental Health, or its successor the State Department of State Hospitals, as a mentally disordered sex offender following a conviction of a felony, which commitment exceeds one year in duration, shall be deemed a prior prison term.
(j)For the purposes of this section, if a person subject to the custody, control, and discipline of the Secretary of the Department of Corrections and Rehabilitation is incarcerated at a facility operated by the Division of Juvenile Justice, that incarceration shall be deemed to be a term served in state prison.
(k)(1)Notwithstanding subdivisions (d) and (g) or any other law, if one of the new offenses is committed while the defendant is temporarily removed from prison pursuant to Section 2690 or while the defendant is transferred to a community facility pursuant to Section 3416, 6253, or 6263, or while the defendant is on furlough pursuant to Section 6254, the defendant shall be subject to the full enhancements provided for in this section.
(2)This subdivision does not apply if a full, separate, and consecutive term is imposed pursuant to any other law.
SEC. 3.Section 1170.125 of the Penal Code is amended to read:1170.125.(a)Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for an offense committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on November 7, 2012.(b)Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for an offense committed on or after January 1, 2027, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on January 1, 2027.SEC. 4.SEC. 2.Section 1170.16 of the Penal Code is amended to read:1170.16.(a)In lieu of the term provided in Section 1170.1, a full, separate, and consecutive term may be imposed for each violation of any of the following provisions whether or not the offenses were committed during a single transaction:
(1)Subdivision (a) or (b) of Section 191.5.
(2)Subdivision (a) of, or paragraph (1) of subdivision (c) of, Section 192.
(b)This section shall be known, and may be cited, as Kolya and Anyas Law.
SEC. 5.SEC. 3.Section 20001 of the Vehicle Code is amended to read:20001.(a)The driver of a vehicle involved in an accident resulting in injury to a person, other than themselves, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004.
(b)(1)(A)Except as provided in subparagraph (B) and in paragraph (2), a person who violates subdivision (a) shall be punished by imprisonment in the state prison, or in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine.
(B)A person who violates subdivision (a) within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, or a violation of Section 191.5 of the Penal Code, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code, that resulted in a conviction, shall be punished by imprisonment in the state prison for two, three, or four years.
(2)(A)If the accident described in subdivision (a) results in death or permanent, serious injury, a person who violates subdivision (a) shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than 90 days nor more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine. However, the court, in the interests of justice and for reasons stated in the record, may reduce or eliminate the minimum imprisonment required by this paragraph.
(B)If the accident described in subdivision (a) results in death or permanent, serious injury, and the violation of subdivision (a) occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, or a violation of Section 191.5 of the Penal Code, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code, that resulted in a conviction, a person who violates subdivision (a) shall be punished by imprisonment in the state prison for two, four, or six years.
(3)In imposing the minimum fine required by this subdivision, the court shall take into consideration the defendants ability to pay the fine and, in the interests of justice and for reasons stated in the record, may reduce the amount of that minimum fine to less than the amount otherwise required by this subdivision.
(c)A person who flees the scene of the crime after committing a violation of Section 191.5 of, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code, upon conviction of any of those sections, in addition and consecutive to the punishment prescribed, shall be punished by an additional term of imprisonment of five years in the state prison. This additional term shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. The court shall not strike a finding that brings a person within the provisions of this subdivision or an allegation made pursuant to this subdivision.
(d)As used in this section, permanent, serious injury means the loss or permanent impairment of function of a bodily member or organ.
SEC. 6.SEC. 4.Section 20002 of the Vehicle Code is amended to read:20002.(a)The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Moving the vehicle in accordance with this subdivision does not affect the question of fault. The driver shall also immediately do either of the following:
(1)Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present their drivers license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information presented shall include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, they shall also, upon request, present their drivers license information, if available, or other valid identification to the other involved parties.
(2)Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police department of the city wherein the collision occurred or, if the collision occurred in unincorporated territory, the local headquarters of the Department of the California Highway Patrol.
(b)Any person who parks a vehicle which, prior to the vehicle again being driven, becomes a runaway vehicle and is involved in an accident resulting in damage to any property, attended or unattended, shall comply with the requirements of this section relating to notification and reporting and shall, upon conviction thereof, be liable to the penalties of this section for failure to comply with the requirements.
(c)(1)Any person failing to comply with all the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(2)A violation of this section occurring within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, or a violation of Section 191.5 of, or paragraph (1) of subdivision (c) of Section 192 of, the Penal Code, that resulted in a conviction, shall be punished by imprisonment in the state prison, or in a county jail for not more than one year.
SEC. 7.SEC. 5.Section 23583 is added to the Vehicle Code, to read:23583.(a)For a person convicted of an offense enumerated in subdivision (b) for which a prison sentence or a sentence of imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code is imposed and is not suspended, the court shall impose, in addition and consecutive to any other sentence, a 3-year term for each prior separate conviction of an offense enumerated in subdivision (b), except that an additional term shall not be imposed under this subdivision for any prior conviction suffered prior to a period of 10 years in which the defendant remained free of both the commission of an offense that results in a felony conviction, and prison custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170 of the Penal Code or any felony sentence that is not suspended.
(b)This section applies to all of the following offenses:
(1)A felony violation of Section 23152 or 23153.
(2)An offense punishable pursuant to Section 23550 or 23550.5.
(3)A violation of Section 191.5 of the Penal Code.
SEC. 8.SEC. 6.Section 23635 of the Vehicle Code is amended to read:23635.(a)This section shall be known, and may be cited, as Brauns Law.
(b)When an allegation of a violation of Section 23152 is dismissed by the court, an allegation of a different or lesser offense is substituted for an allegation of a violation of Section 23152, or an allegation of a separate conviction is dismissed or stricken, the court shall specify on the record its reason or reasons for the order. The court shall also specify on the record whether the dismissal, substitution, or striking was requested by the prosecution and whether the prosecution concurred in or opposed the dismissal, substitution, or striking.
(c)When the prosecution makes a motion for a dismissal or substitution, or for the striking of a separate conviction, the prosecution shall submit a written statement which shall become part of the court record and which gives the reasons for the motion. The reasons shall include, but need not be limited to, problems of proof, the interests of justice, why another offense is more properly charged, if applicable, and any other pertinent reasons. If the reasons include the interests of justice, the written statement shall specify all of the factors which contributed to this conclusion.
(d)If the court dismisses an allegation of a violation of Section 23152, or a defendant pleads guilty or no contest to a different or lesser offense as a substitute for an alleged violation of Section 23152, the court shall give an advisement pursuant to Section 23593.
SEC. 9.SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)Notwithstanding subdivision (h) of Section 667, 667 for all offenses an offense committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on November 7, 2012.
(b)Notwithstanding subdivision (h) of Section 667, for all offenses an offense committed on or after January 1, 2024, 2027, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, 667 are to those statutes as they read on January 1, 2024. 2027.
SEC. 2.Section 667.5 of the Penal Code is amended to read:667.5.Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:
(a)If one of the new offenses is one of the violent felonies specified in subdivision (c), in addition to and consecutive to any other prison terms therefor, the court shall impose a three-year term for each prior separate prison term served by the defendant when if the prior offense was one of the violent felonies specified in subdivision (c). However, an additional term shall not be imposed pursuant to this subdivision for any a prison term served prior to a period of 10 years in which the defendant remained free of both prison custody and the commission of an offense that results in a felony conviction.
(b)Except when if subdivision (a) applies, if the new offense is any a felony for which a prison sentence or a sentence of imprisonment in a county jail under subdivision (h) of Section 1170 is imposed or is not suspended, in addition and consecutive to any other sentence therefor, the court shall impose a one-year term for each prior separate prison term for a sexually violent offense offense, as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code, provided that an additional term shall not be imposed under this subdivision for any a prison term served prior to a period of five years in which the defendant remained free of both the commission of an offense that results in a felony conviction, conviction and prison custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170 or any a felony sentence that is not suspended.
(c)The Legislature finds and declares that the following specified crimes merit special consideration when imposing a sentence to display societys condemnation condemnation by society for these extraordinary crimes of violence against the person. For the purpose of this section, violent felony means any of the following:
(1)Murder or voluntary manslaughter.
(2)Mayhem.
(3)Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of former Section 262.
(4)Sodomy as defined in subdivision (c) or (d) of Section 286.
(5)Oral copulation as defined in subdivision (c) or (d) of Section 287 or of former Section 288a.
(6)Lewd A lewd or lascivious act as defined in subdivision (a) or (b) of Section 288.
(7)Any A felony punishable by death or imprisonment in the state prison for life.
(8)Any A felony in which the defendant inflicts great bodily injury on a person other than an accomplice, which accomplice that has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any a felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.
(9)Any robbery. Robbery.
(10)Arson, Arson in violation of subdivision (a) or (b) of Section 451.
(11)Sexual penetration as defined in subdivision (a) or (j) of Section 289.
(12)Attempted murder.
(13)A violation of Section 18745, 18750, or 18755.
(14)Kidnapping.
(15)Assault with the intent to commit a specified felony, felony in violation of Section 220.
(16)Continuous sexual abuse of a child, child in violation of Section 288.5.
(17)Carjacking, Carjacking as defined in subdivision (a) of Section 215.
(18)Rape or sexual penetration, in concert, in violation of Section 264.1.
(19)Extortion, as defined in Section 518, which that would constitute a felony violation of Section 186.22.
(20)Threats to victims or witnesses, as defined in Section 136.1, which that would constitute a felony violation of Section 186.22.
(21)Any burglary Burglary of the first degree, as defined in subdivision (a) of Section 460, wherein if it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary.
(22)Any violation of Section 12022.53.
(23)A violation of subdivision (b) or (c) of Section 11418.
(24)Rape as defined in paragraph (3) of subdivision (a) of Section 261, wherein it is pleaded and proved that the defendant caused the intoxication by administering a controlled substance to the victim without their consent and with the intent to sexually assault the victim.
(25)Vehicular manslaughter in violation of Section 191.5 or paragraph (1) of subdivision (c) of Section 192.
(d)For the purposes of this section, the defendant shall be deemed to remain in prison custody for an offense until the official discharge from custody, including any a period of mandatory supervision, or until release on parole or postrelease community supervision, whichever occurs first, including any time during which the defendant remains subject to reimprisonment or custody in county jail for escape from custody or is reimprisoned on revocation of parole or postrelease community supervision. The additional penalties provided for prior prison terms shall not be imposed unless they are charged and admitted or found true in the action for the new offense.
(e)The additional penalties provided for prior prison terms shall not be imposed for any a felony for which the defendant did not serve a prior separate term in state prison or in county jail under subdivision (h) of Section 1170.
(f)A prior conviction of a felony shall include a conviction in another jurisdiction for an offense which, that, if committed in California, is punishable by imprisonment in the state prison or in county jail under subdivision (h) of Section 1170 if the defendant served one year or more in prison for the offense in the other jurisdiction. A prior conviction of a particular felony shall include a conviction in another jurisdiction for an offense that includes all of the elements of the particular felony as defined under California law if the defendant served one year or more in prison for the offense in the other jurisdiction.
(g)A prior separate prison term for the purposes of this section shall mean a continuous completed period of prison incarceration imposed for the particular offense alone or in combination with concurrent or consecutive sentences for other crimes, including any reimprisonment on revocation of parole that is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.
(h)Serving a prison term includes any confinement time in any a state prison or federal penal institution as punishment for commission of an offense, including confinement in a hospital or other institution or facility credited as service of prison time in the jurisdiction of the confinement.
(i)For the purposes of this section, a commitment to the State Department of Mental Health, or its successor the State Department of State Hospitals, as a mentally disordered sex offender following a conviction of a felony, which commitment exceeds one year in duration, shall be deemed a prior prison term.
(j)For the purposes of this section, when if a person subject to the custody, control, and discipline of the Secretary of the Department of Corrections and Rehabilitation is incarcerated at a facility operated by the Division of Juvenile Justice, that incarceration shall be deemed to be a term served in state prison.
(k)(1)Notwithstanding subdivisions (d) and (g) or any other law, when if one of the new offenses is committed while the defendant is temporarily removed from prison pursuant to Section 2690 or while the defendant is transferred to a community facility pursuant to Section 3416, 6253, or 6263, or while the defendant is on furlough pursuant to Section 6254, the defendant shall be subject to the full enhancements provided for in this section.
(2)This subdivision does not apply when if a full, separate, and consecutive term is imposed pursuant to any other law.
SEC. 3.Section 1170.125 of the Penal Code is amended to read:1170.125.(a)Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses an offense committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on November 7, 2012.
(b)Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses an offense committed on or after January 1, 2024, 2027, all references to existing statutes in Sections 1170.12 and 1170.126 are to those sections as they read on January 1, 2024. 2027.
SEC. 4.Section 1170.16 of the Penal Code is amended to read:1170.16.(a)In lieu of the term provided in Section 1170.1, a full, separate, and consecutive term may be imposed for each violation of subdivision (a) of Section 192, any of the following provisions whether or not the offenses were committed during a single transaction. transaction:
(1)Subdivision (a) or (b) of Section 191.5.
(2)Subdivision (a) of, or paragraph (1) of subdivision (c) of, Section 192.
(b)This section shall be known, and may be cited, as Kolya and Anyas Law.
SEC. 5.Section 20001 of the Vehicle Code is amended to read:20001.(a)The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, themselves, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004.
(b)(1)(A)Except as provided in subparagraph (B) and in paragraph (2), a person who violates subdivision (a) shall be punished by imprisonment in the state prison, or in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine.
(B)A person who violates subdivision (a) within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, or a violation of Section 191.5 of the Penal Code, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code, that resulted in a conviction, shall be punished by imprisonment in the state prison for two, three, or four years.
(2)(A)If the accident described in subdivision (a) results in death or permanent, serious injury, a person who violates subdivision (a) shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than 90 days nor more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine. However, the court, in the interests of justice and for reasons stated in the record, may reduce or eliminate the minimum imprisonment required by this paragraph.
(B)If the accident described in subdivision (a) results in death or permanent, serious injury, and the violation of subdivision (a) occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, or a violation of Section 191.5 of the Penal Code, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code, that resulted in a conviction, a person who violates subdivision (a) shall be punished by imprisonment in the state prison for two, four, or six years.
(3)In imposing the minimum fine required by this subdivision, the court shall take into consideration the defendants ability to pay the fine and, in the interests of justice and for reasons stated in the record, may reduce the amount of that minimum fine to less than the amount otherwise required by this subdivision.
(c)A person who flees the scene of the crime after committing a violation of Section 191.5 of, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code, upon conviction of any of those sections, in addition and consecutive to the punishment prescribed, shall be punished by an additional term of imprisonment of five years in the state prison. This additional term shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. The court shall not strike a finding that brings a person within the provisions of this subdivision or an allegation made pursuant to this subdivision.
(d)As used in this section, permanent, serious injury means the loss or permanent impairment of function of a bodily member or organ.
SEC. 6.Section 20002 of the Vehicle Code is amended to read:20002.(a)The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Moving the vehicle in accordance with this subdivision does not affect the question of fault. The driver shall also immediately do either of the following:
(1)Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present his or her their drivers license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information presented shall include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, he or she they shall also, upon request, present his or her their drivers license information, if available, or other valid identification to the other involved parties.
(2)Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police department of the city wherein the collision occurred or, if the collision occurred in unincorporated territory, the local headquarters of the Department of the California Highway Patrol.
(b)Any person who parks a vehicle which, prior to the vehicle again being driven, becomes a runaway vehicle and is involved in an accident resulting in damage to any property, attended or unattended, shall comply with the requirements of this section relating to notification and reporting and shall, upon conviction thereof, be liable to the penalties of this section for failure to comply with the requirements.
(c)(1)Any person failing to comply with all the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(2)A violation of this section occurring within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, or a violation of Section 191.5 of, or paragraph (1) of subdivision (c) of Section 192 of, the Penal Code, that resulted in a conviction, shall be punished by imprisonment in the state prison, or in a county jail for not more than one year.
SEC. 7.Section 23583 is added to the Vehicle Code, to read:23583.(a)For a person convicted of an offense enumerated in subdivision (b) for which a prison sentence or a sentence of imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code is imposed and is not suspended, the court shall impose, in addition and consecutive to any other sentence, a 3-year term for each prior separate conviction of an offense enumerated in subdivision (b), except that an additional term shall not be imposed under this subdivision for any prior conviction suffered prior to a period of 10 years in which the defendant remained free of both the commission of an offense that results in a felony conviction, and prison custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170 of the Penal Code or any felony sentence that is not suspended.
(b)This section applies to all of the following offenses:
(1)A felony violation of Section 23152 or 23153.
(2)An offense punishable pursuant to Section 23550 or 23550.5.
(3)A violation of Section 191.5 of the Penal Code.
SEC. 8.Section 23635 of the Vehicle Code is amended to read:23635.When(a)This section shall be known, and may be cited, as Brauns Law.
(b)When an allegation of a violation of Section 23152 is dismissed by the court, an allegation of a different or lesser offense is substituted for an allegation of a violation of Section 23152, or an allegation of a separate conviction is dismissed or stricken, the court shall specify on the record its reason or reasons for the order. The court shall also specify on the record whether the dismissal, substitution, or striking was requested by the prosecution and whether the prosecution concurred in or opposed the dismissal, substitution, or striking.
When(c)When the prosecution makes a motion for a dismissal or substitution, or for the striking of a separate conviction, the prosecution shall submit a written statement which shall become part of the court record and which gives the reasons for the motion. The reasons shall include, but need not be limited to, problems of proof, the interests of justice, why another offense is more properly charged, if applicable, and any other pertinent reasons. If the reasons include the interests of justice, the written statement shall specify all of the factors which contributed to this conclusion.
(d)If the court dismisses an allegation of a violation of Section 23152, or a defendant pleads guilty or no contest to a different or lesser offense as a substitute for an alleged violation of Section 23152, the court shall give an advisement pursuant to Section 23593.
SEC. 9.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
|
Date
|
Status
|
|---|---|
| Sep 25, 2026 | Chaptered by Secretary of State. Chapter 443, Statutes of 2026. |
| Sep 25, 2026 | Approved by the Governor. |
| Sep 9, 2026 | Enrolled and presented to the Governor at 2 p.m. |
| Aug 31, 2026 | Assembly amendments concurred in. (Ayes 38. Noes 0.) Ordered to engrossing and enrolling. |
| Aug 30, 2026 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 30, 2026 | Read third time. Passed. (Ayes 77. Noes 0. Page 6902.) Ordered to the Senate. |
| Aug 30, 2026 | Read third time. Passed. Ordered to the Senate. |
| Aug 13, 2026 | Read second time. Ordered to third reading. |
| Aug 13, 2026 | From committee: Do pass. (Ayes 15. Noes 0.) (August 13). |
| Aug 13, 2026 | Assembly Rule 63 suspended. |
| Aug 5, 2026 | August 5 set for first hearing. Placed on suspense file. |
| Jul 2, 2026 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 1, 2026 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 30). |
| Jun 1, 2026 | Referred to Com. on PUB. S. |
| May 26, 2026 | In Assembly. Read first time. Held at Desk. |
| May 26, 2026 | Read third time. Passed. (Ayes 36. Noes 0. Page 4452.) Ordered to the Assembly. |
| May 26, 2026 | Read third time. Passed. (Ayes 36. Noes 0.) Ordered to the Assembly. |
| May 19, 2026 | Read second time. Ordered to third reading. |
| May 18, 2026 | Read second time and amended. Ordered to second reading. |
| May 18, 2026 | From committee: Do pass as amended. (Ayes 7. Noes 0.) (May 14). |
| May 18, 2026 | From committee: Do pass as amended. (Ayes 7. Noes 0. Page 4257.) (May 14). |
| May 8, 2026 | Set for hearing May 14. |
| Apr 20, 2026 | April 20 hearing: Placed on APPR. suspense file. |
| Apr 14, 2026 | Set for hearing April 20. |
| Apr 9, 2026 | Read second time and amended. Re-referred to Com. on APPR. |
| Apr 8, 2026 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 7). |
| Apr 8, 2026 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 3759.) (April 7). |
| Mar 23, 2026 | Set for hearing April 7. |
| Feb 11, 2026 | Referred to Com. on PUB. S. |
| Jan 23, 2026 | From printer. May be acted upon on or after February 22. |
| Jan 22, 2026 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2026 | Unfinished Business SB907 Archuleta et al. Concurrence | Senate Floor |
Passed |
|
| Aug 30, 2026 | SB 907 Archuleta Senate Third Reading By Petrie-Norris | Assembly Floor |
Passed |
|
| Aug 13, 2026 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 30, 2026 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Safety |
Passed |
|
| May 26, 2026 | Senate 3rd Reading SB907 Archuleta et al. | Senate Floor |
Passed |
|
| May 14, 2026 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 20, 2026 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 7, 2026 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| A New PATH | ** Against | |
| Aclu California Action | ** Against | |
| All of US or None (HQ) | ** Against | |
| American Medical Response West | ** Support | |
| Arcadia Police Officers’ Association | ** Support | |
| Associated General Contractors, California Chapters | ** Support | |
| Association For Los Angeles Deputy Sheriffs | ** Support | |
| Brea Police Association | ** Support | |
| Brea Police Association; Burbank Police Officers’ Association | ** Support | |
| Burbank Police Officers’ Association | ** Support | |
| CA Safe Roads Coalition | ** Support | |
| California Association Of Highway Patrolmen | ** Support | |
| California Association of School Police Chiefs | ** Support | |
| California Attorneys For Criminal Justice | ** Against | |
| California Coalition of School Safety Professionals | ** Support | |
| California Consortium of Addiction Programs and Professionals | ** Support | |
| California Contract Cities Association | ** Support | |
| California District Attorneys Association | ** Support | |
| California Narcotic Officers’ Association | ** Support | |
| California Peace Officers Association | ** Support | |
| California Police Chiefs Association | ** Support | |
| California Public Defenders Association | ** Against | |
| California Reserve Peace Officers Association | ** Support | |
| California State Sheriffs' Association | ** Support | |
| California State Sheriffs’ Association | ** Support | |
| Californians United for a Responsible Budget | ** Against | |
| City of Glendale | ** Support | |
| City of Los Angeles, Council District 11 | ** Support | |
| City of Manhattan Beach | ** Support | |
| City of Norwalk | ** Support | |
| City of Pico Rivera | ** Support | |
| City of Thousand Oaks | ** Support | |
| CLAREMONT POLICE OFFICERS ASSOCIATION | ** Support | |
| Corona Police Officers Association | ** Support | |
| County of Fresno | ** Support | |
| County of Orange | ** Support | |
| Courage California | ** Against | |
| Culver City Police Officers’ Association | ** Support | |
| Ella Baker Center For Human Rights | ** Against | |
| Felony Murder Elimination Project | ** Against | |
| Friends Committee On Legislation Of California | ** Against | |
| Fullerton Police Officers’ Association | ** Support | |
| Initiate Justice | ** Against | |
| Justice2jobs Coalition | ** Against | |
| LA Defensa | ** Against | |
| League Of California Cities | ** Support | |
| Legal Services for Prisoners with Children | ** Against | |
| Los Angeles County District Attorney | ** Support | |
| Los Angeles County Public Defender’s Union, Local 148 | ** Against | |
| Los Angeles County Sheriff'S Department | ** Support | |
| Los Angeles School Police Management Association | ** Support | |
| los angeles school police officers association | ** Support | |
| Mothers Against Drunk Driving | ** Support | |
| Murrieta Police Officers’ Association | ** Support | |
| Newport Beach Police Association | ** Support | |
| NORWALK; CITY OF | ** Support | |
| Orange County District Attorney | ** Support | |
| Over 60 individuals | ** Support | |
| Palos Verdes Police Officers Association | ** Support | |
| Peace Officers Research Association Of California | ** Support | |
| Placer County Deputy Sheriffs’ Association | ** Support | |
| Pomona Police Officers’ Association | ** Support | |
| Riverside County District Attorney | ** Support | |
| RIVERSIDE POLICE OFFICERS ASSOCIATION | ** Support | |
| Riverside Sheriffs’ Association | ** Support | |
| Rubicon Programs | ** Against | |
| Safety and Advocacy for Empowerment | ** Support | |
| Safety and Advocacy for Empowerment (SAFE) (Co-Sponsor) | ** Support | |
| San Francisco Bay Area Families for Safe Streets | ** Support | |
| San Francisco Public Defender | ** Against | |
| Smart Justice California | ** Against | |
| Streets Are For Everyone | ** Support | |
| Streets for All | ** Support | |
| Vera Institute Of Justice | ** Against | |
| Walk San Francisco Foundation | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | SB 907 |
UNFINISHED BUSINESS
Bill No: SB 907
Author: Archuleta (D), et al.
Amended: 7/2/26
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 6-0, 4/7/26
AYES: Arreguín, Seyarto, Caballero, Cortese, Pérez, Wiener
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/14/26
AYES: Cervantes, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab
SENATE FLOOR: 36-0, 5/26/26
AYES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Durazo, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Reyes, Richardson, Rubio, Seyarto, Stern, Strickland, Umberg, Valladares, Wahab, Wiener
NO VOTE RECORDED: Dahle, Gonzalez, Smallwood-Cuevas, Weber Pierson
ASSEMBLY FLOOR: 77-0, 8/30/26 - See last page for vote
SUBJECT: Driving under the influence and other driving offenses: comprehensive reform
SOURCE: CA Safe Roads Coalition; Los Angeles County District Attorney; Mothers Against Drunk Driving; Orange County District Attorney
DIGEST:
This bill creates mandatory sentences for hit and run causing injury or death when the defendant has a prior conviction within the previous 10 years for DUI, gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, or gross vehicular manslaughter; and expands application of the Watson advisement to apply in cases DUI with no injury cases in which the defendant pleads not guilty or no contest to a different or lesser offense instead.
Assembly Amendments
removed provisions of this bill that required imprisonment in the state prison or county jail for up to one year for hit and run causing damage to property within 10 years of a separate conviction for DUI, gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, or gross vehicular manslaughter, and created a mandatory 3-year enhancement for each prior separate conviction that occurred within the previous 10 years for felony DUI, DUI with no injury and with three or more priors, DUI with injury and specified priors, gross vehicular manslaughter while intoxicated, or vehicular manslaughter while intoxicated, when a person is convicted of any one of those offenses.
ANALYSIS:
Existing law:
- Makes it unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, or who has 0.08 percent or more, by weight, of alcohol (BAC) in their blood, to drive a vehicle (hereafter, “DUI”). (Vehicle (Veh.) Code, § 23152, subds. (a), (b), (f), & (g).)
- Establishes graduated penalties for a first DUI, DUI with one prior, DUI with two priors, and DUI with three or more priors, including jail time, fines, ignition interlock device (IID) installation, license suspension or revocation, and completion of a DUI program. (Veh. Code, §§ 13352, 13352.1, 23538, 23540, 23542, 23546, 23550, 23552, 23548, 23575.3.)
- Requires a 10-year license revocation if a person has been convicted of three or more DUIs or DUIs causing bodily injury, the last of which was punishable as a DUI or DUI causing bodily injury with two priors, a DUI with three or more priors, or as an alternate-felony misdemeanor because of a prior specified felony. (Veh. Code, § 23597, subd. (a).)
- Makes it unlawful for any person who is under the influence of any alcoholic beverage or drug, or the combined influence of the two, or who has a BAC of .08 or more, to drive a vehicle, and concurrently do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which proximately causes bodily injury to any person other than the driver (hereafter, “DUI causing bodily injury.”) (Veh. Code, § 23153 subds. (a), (f), & (g).)
- Establishes graduated penalties for a first DUI causing bodily injury, DUI causing bodily injury with one prior, and DUI causing bodily injury with two or more priors, including jail or prison time, fines, IID installation, license suspension or revocation, and completion of a DUI program. (Veh. Code, §§ 13352, 23554, 23556, 23560, 23562, 23566, 23568, 23575.3.)
- Provides that a person who proximately causes bodily injury or death to more than one victim in any one instance that results in a felony conviction of a DUI causing bodily injury, gross vehicular manslaughter while intoxicated, or vehicular manslaughter while intoxicated, shall receive a one-year sentence enhancement in state prison for each additional victim injured (maximum of three). (Veh. Code, § 23558.)
- Punishes a person convicted of a DUI causing bodily injury, where the violation proximately causes great bodily injury to any person other than the driver, and the offense occurred within 10 years of two or more priors, as a felony by imprisonment for two, three, or four years in state prison, a $1,015 to $5,000 fine, and a five-year license revocation (Veh. Code, §§ 23566, subd. (b), 13352 subd. (a)(6).)
- Makes any DUI or DUI causing bodily injury (hereafter, “any DUI”) an alternate felony-misdemeanor if that person has previously been convicted of certain impaired driving crimes:
- Punishes a person convicted of any DUI within 10 years of specified felonies – a DUI with three or more priors, a DUI causing bodily injury, or gross vehicular manslaughter – as an alternate-felony misdemeanor, a $390 to $1,000 fine, a four- or five-year license revocation (including a three-year designation as a habitual traffic offender ), and a three- or four-year IID mandate. (Veh. Code, §§ 13352, subd. (a)(6)-(7); 23550.5, subds. (a), (c) & (d); 23575.3, subd. (h)(1)-(2).)
- Punishes a person convicted of any DUI, who has a prior conviction for felony vehicular manslaughter while intoxicated, as an alternate felony-misdemeanor, a fine of $390 to $1,000, a four- or five-year license revocation, and a three- or four-year IID mandate. (Veh. Code, §§ 13352 subd. (a)(6)-(7); 23550.5, subds. (b), (c) & (d); 23575.3, subd. (h)(1)-(2).)
- Requires the court, if a person is convicted of a DUI or a DUI causing bodily injury, to consider a BAC of .15 percent or more, or a person’s refusal to take a breath or urine test, as a special factor that may justify enhancing the penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation. (Veh. Code, § 23578.)
- Requires a court to advise a person convicted of a DUI or a DUI causing bodily injury, or who pleads to a reckless driving conviction in satisfaction of, or as a substitute for an original DUI charge, of the following: “You are hereby advised that being under the influence of alcohol or drugs, or both, impairs your ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If you continue to drive while under the influence of alcohol or drugs, or both, and, as a result of that driving, someone is killed, you can be charged with murder.” (Veh. Code, § 23593, subd. (a).)
- Requires the prosecutor, if the prosecution agrees to a plea of guilty or no contest to reckless driving in satisfaction of, or as a substitute for, an original charge of a DUI—also known as a wet reckless—to state for the record a factual basis for the satisfaction or substitution, including whether or not there had been consumption of an alcoholic beverage or ingestion or administration of a drug, or both, by the defendant in connection with the offense. Provides that a wet reckless is punishable by imprisonment in a county jail for 5 to 90 days, or by a fine of $145-1,000, or both. (Veh. Code, §§ 23103, subd. (c), 23103.5, subd. (a).)
- Provides that 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 driving under the influence, 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. Provides that gross vehicular manslaughter while intoxicated is punishable by imprisonment in the state prison for 4, 6, or 10 years. (Pen. Code, § 191.5, subds. (a), (c).)
- Provides that when a defendant has one or more prior convictions for gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, gross vehicular manslaughter, or DUI (with or without injury), the punishment for gross vehicular manslaughter while intoxicated is imprisonment in the state prison for a term of 15 years-to-life. (Pen. Code, § 191.5, subd. (d).)
- Provides that 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 driving under the influence, 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. Provides that vehicular manslaughter while intoxicated is punishable by imprisonment in a county jail for not more than one year, or imprisonment in the county jail for 16 months, 2 years, or 4 years. (Pen. Code, § 191.5, subd. (b).)
- Defines gross vehicular manslaughter as driving a vehicle in the commission of an unlawful act, not amounting to a felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence, except as provided. Provides that this type of vehicular manslaughter 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. (Pen. Code, §§ 192, subd. (c)(1), 193, subd. (c).)
- Requires the driver of a vehicle involved in an accident resulting only in damage to property, including vehicles, to immediately stop at the nearest location that will not impede traffic or jeopardize the safety of others. Provides that failure to comply with these requirements is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding $1,000, or both. (Veh. Code, § 20002, subds. (a), (c).)
- Requires the driver of a vehicle involved in an accident that results in injury to or the death of another person to immediately stop at the scene of the accident. Provides that a violation is punishable by imprisonment in the state prison, or in a county jail for not more than one year, or by a fine of $1,000 to $10,000, or both. (Veh. Code, § 20001, subds. (a), (b)(1).)
- Provides that if the accident results in death or permanent, serious injury (i.e., the loss or permanent impairment of function of a bodily member or organ), a violation is punishable by imprisonment in the state prison for two, three, or four years, or in a county jail for between 90 days to one year, or by a fine of $1,000 to $10,000, or both. (Veh. Code, § 20001, subd. (b)(2).)
- Provides that if a person flees the scene of an accident after committing a vehicular manslaughter, vehicular manslaughter while intoxicated, or gross vehicular manslaughter while intoxicated, the punishment is an additional term of five years imprisonment in the state prison consecutive to the term imposed for the underlying conviction. (Veh. Code, § 20001, subd. (c).)
This bill:
- Creates mandatory sentences for hit and run offenses causing injury or death when the defendant has a prior conviction for wet reckless, DUI, gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, or gross vehicular manslaughter within the prior 10 years.
- Expands the application of the Watson advisement to apply in cases where the defendant pleads not guilty or no contest to a different or lesser offense as a substitute for an alleged violation of DUI. Provides that this provision is known as Braun’s Law.
Comments
This bill creates mandatory sentences when a hit and run offense resulting in injury or death occurs within 10 years of a separate conviction for wet reckless, DUI (with or without bodily injury), gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, or gross vehicular manslaughter. This bill also expands the application of the Watson advisement to apply in DUI cases where the defendant pleads not guilty or no contest to a different or lesser offense instead.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee:
Increased state incarceration costs (General Fund) of an unknown amount, likely minor to moderate, to the California Department of Corrections and Rehabilitation to the extent longer sentencing triads result in additional time served. This bill elevates the felony triad for an injury hit-and-run with a qualifying prior conviction from 16 months, two years, or three years to two, three, or four years, and elevates the triad for a death or permanent serious injury hit-and-run with a qualifying prior from two, three, or four years to three, four, or five years — roughly one additional year of state prison exposure per affected felony admission. The number of hit-and-run felony admissions involving a qualifying prior conviction within 10 years is likely small, and both offenses remain alternate felony-misdemeanors subject to prosecutorial and judicial discretion; however, each additional person-year of incarceration costs approximately $133,000 annually.
Minor cost pressures (Trial Court Trust Fund (TCTF), General Fund) to the courts to provide additional advisements at plea and to the extent increased felony exposure marginally increases contested proceedings. It generally costs approximately $1,000 to operate a courtroom for one hour. Although courts are not funded on the basis of workload, increased pressure on the TCTF may create a demand for increased funding for courts from the General Fund. The state budget provides annual General Fund backfills to the TCTF to offset revenue reductions, totaling approximately $117.3 million in 2025-26.
SUPPORT: (Verified 8/28/26)
CA Safe Roads Coalition (co-source)
Los Angeles County District Attorney (co-source)
Mothers Against Drunk Driving (co-source)
Orange County District Attorney (co-source)
American Medical Response West
Arcadia Police Officers’ Association
Associated General Contractors, California Chapters
Association for Los Angeles Deputy Sheriffs
Brea Police Association; Burbank Police Officers’ Association
California Association of Highway Patrolmen
California Association of School Police Chiefs
California Coalition of School Safety Professionals
California Consortium of Addiction Programs and Professionals
California Contract Cities Association
California District Attorneys Association
California Narcotic Officers’ Association
California Peace Officers Association
California Police Chiefs Association
California Reserve Peace Officers Association
California State Sheriffs’ Association
City of Glendale
City of Manhattan Beach
City of Pico Rivera
City of Thousand Oaks
Claremont Police Officers Association
Corona Police Officers Association
County of Orange
Culver City Police Officers’ Association
Fullerton Police Officers’ Association
League of California Cities
Los Angeles School Police Management Association
Los Angeles School Police Officers Association
Murrieta Police Officers’ Association
Newport Beach Police Association
Palos Verdes Police Officers Association
Peace Officers Research Association of California
Placer County Deputy Sheriffs’ Association
Pomona Police Officers’ Association
Riverside County District Attorney
Riverside Police Officers Association
Riverside Sheriffs’ Association
Streets are for Everyone
Streets for All
Walk San Francisco Foundation
OPPOSITION: (Verified 8/28/26)
ACLU California Action
California Attorneys for Criminal Justice
California Public Defenders Association
Californians United for a Responsible Budget
Ella Baker Center for Human Rights
Friends Committee on Legislation of California
Initiate Justice
Justice2Jobs Coalition
La Defensa
Los Angeles County Public Defender’s Union, Local 148
San Francisco Public Defender
Smart Justice California
ASSEMBLY FLOOR: 77-0, 8/30/26
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Ellis, Flora, Fong, Gabriel, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
NO VOTE RECORDED: Bryan, Elhawary
Prepared by: Stephanie Jordan / PUB. S. /
9/23/26 11:55:29
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | SB 907 |
UNFINISHED BUSINESS
Bill No: SB 907
Author: Archuleta (D), et al.
Amended: 7/2/26
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 6-0, 4/7/26
AYES: Arreguín, Seyarto, Caballero, Cortese, Pérez, Wiener
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/14/26
AYES: Cervantes, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab
SENATE FLOOR: 36-0, 5/26/26
AYES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Durazo, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Reyes, Richardson, Rubio, Seyarto, Stern, Strickland, Umberg, Valladares, Wahab, Wiener
NO VOTE RECORDED: Dahle, Gonzalez, Smallwood-Cuevas, Weber Pierson
ASSEMBLY FLOOR: Passed, 8/30/26
SUBJECT: Driving under the influence and other driving offenses: comprehensive reform
SOURCE: CA Safe Roads Coalition; Los Angeles County District Attorney; Mothers Against Drunk Driving; Orange County District Attorney
DIGEST:
This bill creates mandatory sentences for hit and run causing injury or death when the defendant has a prior conviction within the previous 10 years for DUI, gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, or gross vehicular manslaughter; and expands application of the Watson advisement to apply in cases DUI with no injury cases in which the defendant pleads not guilty or no contest to a different or lesser offense instead.
Assembly Amendments
removed provisions of this bill that required imprisonment in the state prison or county jail for up to one year for hit and run causing damage to property within 10 years of a separate conviction for DUI, gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, or gross vehicular manslaughter, and created a mandatory 3-year enhancement for each prior separate conviction that occurred within the previous 10 years for felony DUI, DUI with no injury and with three or more priors, DUI with injury and specified priors, gross vehicular manslaughter while intoxicated, or vehicular manslaughter while intoxicated, when a person is convicted of any one of those offenses.
ANALYSIS:
Existing law:
- Makes it unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, or who has 0.08 percent or more, by weight, of alcohol (BAC) in their blood, to drive a vehicle (hereafter, “DUI”). (Vehicle (Veh.) Code, § 23152, subds. (a), (b), (f), & (g).)
- Establishes graduated penalties for a first DUI, DUI with one prior, DUI with two priors, and DUI with three or more priors, including jail time, fines, ignition interlock device (IID) installation, license suspension or revocation, and completion of a DUI program. (Veh. Code, §§ 13352, 13352.1, 23538, 23540, 23542, 23546, 23550, 23552, 23548, 23575.3.)
- Requires a 10-year license revocation if a person has been convicted of three or more DUIs or DUIs causing bodily injury, the last of which was punishable as a DUI or DUI causing bodily injury with two priors, a DUI with three or more priors, or as an alternate-felony misdemeanor because of a prior specified felony. (Veh. Code, § 23597, subd. (a).)
- Makes it unlawful for any person who is under the influence of any alcoholic beverage or drug, or the combined influence of the two, or who has a BAC of .08 or more, to drive a vehicle, and concurrently do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which proximately causes bodily injury to any person other than the driver (hereafter, “DUI causing bodily injury.”) (Veh. Code, § 23153 subds. (a), (f), & (g).)
- Establishes graduated penalties for a first DUI causing bodily injury, DUI causing bodily injury with one prior, and DUI causing bodily injury with two or more priors, including jail or prison time, fines, IID installation, license suspension or revocation, and completion of a DUI program. (Veh. Code, §§ 13352, 23554, 23556, 23560, 23562, 23566, 23568, 23575.3.)
- Provides that a person who proximately causes bodily injury or death to more than one victim in any one instance that results in a felony conviction of a DUI causing bodily injury, gross vehicular manslaughter while intoxicated, or vehicular manslaughter while intoxicated, shall receive a one-year sentence enhancement in state prison for each additional victim injured (maximum of three). (Veh. Code, § 23558.)
- Punishes a person convicted of a DUI causing bodily injury, where the violation proximately causes great bodily injury to any person other than the driver, and the offense occurred within 10 years of two or more priors, as a felony by imprisonment for two, three, or four years in state prison, a $1,015 to $5,000 fine, and a five-year license revocation (Veh. Code, §§ 23566, subd. (b), 13352 subd. (a)(6).)
- Makes any DUI or DUI causing bodily injury (hereafter, “any DUI”) an alternate felony-misdemeanor if that person has previously been convicted of certain impaired driving crimes:
- Punishes a person convicted of any DUI within 10 years of specified felonies – a DUI with three or more priors, a DUI causing bodily injury, or gross vehicular manslaughter – as an alternate-felony misdemeanor, a $390 to $1,000 fine, a four- or five-year license revocation (including a three-year designation as a habitual traffic offender ), and a three- or four-year IID mandate. (Veh. Code, §§ 13352, subd. (a)(6)-(7); 23550.5, subds. (a), (c) & (d); 23575.3, subd. (h)(1)-(2).)
- Punishes a person convicted of any DUI, who has a prior conviction for felony vehicular manslaughter while intoxicated, as an alternate felony-misdemeanor, a fine of $390 to $1,000, a four- or five-year license revocation, and a three- or four-year IID mandate. (Veh. Code, §§ 13352 subd. (a)(6)-(7); 23550.5, subds. (b), (c) & (d); 23575.3, subd. (h)(1)-(2).)
- Requires the court, if a person is convicted of a DUI or a DUI causing bodily injury, to consider a BAC of .15 percent or more, or a person’s refusal to take a breath or urine test, as a special factor that may justify enhancing the penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation. (Veh. Code, § 23578.)
- Requires a court to advise a person convicted of a DUI or a DUI causing bodily injury, or who pleads to a reckless driving conviction in satisfaction of, or as a substitute for an original DUI charge, of the following: “You are hereby advised that being under the influence of alcohol or drugs, or both, impairs your ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If you continue to drive while under the influence of alcohol or drugs, or both, and, as a result of that driving, someone is killed, you can be charged with murder.” (Veh. Code, § 23593, subd. (a).)
- Requires the prosecutor, if the prosecution agrees to a plea of guilty or no contest to reckless driving in satisfaction of, or as a substitute for, an original charge of a DUI—also known as a wet reckless—to state for the record a factual basis for the satisfaction or substitution, including whether or not there had been consumption of an alcoholic beverage or ingestion or administration of a drug, or both, by the defendant in connection with the offense. Provides that a wet reckless is punishable by imprisonment in a county jail for 5 to 90 days, or by a fine of $145-1,000, or both. (Veh. Code, §§ 23103, subd. (c), 23103.5, subd. (a).)
- Provides that 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 driving under the influence, 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. Provides that gross vehicular manslaughter while intoxicated is punishable by imprisonment in the state prison for 4, 6, or 10 years. (Pen. Code, § 191.5, subds. (a), (c).)
- Provides that when a defendant has one or more prior convictions for gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, gross vehicular manslaughter, or DUI (with or without injury), the punishment for gross vehicular manslaughter while intoxicated is imprisonment in the state prison for a term of 15 years-to-life. (Pen. Code, § 191.5, subd. (d).)
- Provides that 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 driving under the influence, 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. Provides that vehicular manslaughter while intoxicated is punishable by imprisonment in a county jail for not more than one year, or imprisonment in the county jail for 16 months, 2 years, or 4 years. (Pen. Code, § 191.5, subd. (b).)
- Defines gross vehicular manslaughter as driving a vehicle in the commission of an unlawful act, not amounting to a felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence, except as provided. Provides that this type of vehicular manslaughter 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. (Pen. Code, §§ 192, subd. (c)(1), 193, subd. (c).)
- Requires the driver of a vehicle involved in an accident resulting only in damage to property, including vehicles, to immediately stop at the nearest location that will not impede traffic or jeopardize the safety of others. Provides that failure to comply with these requirements is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding $1,000, or both. (Veh. Code, § 20002, subds. (a), (c).)
- Requires the driver of a vehicle involved in an accident that results in injury to or the death of another person to immediately stop at the scene of the accident. Provides that a violation is punishable by imprisonment in the state prison, or in a county jail for not more than one year, or by a fine of $1,000 to $10,000, or both. (Veh. Code, § 20001, subds. (a), (b)(1).)
- Provides that if the accident results in death or permanent, serious injury (i.e., the loss or permanent impairment of function of a bodily member or organ), a violation is punishable by imprisonment in the state prison for two, three, or four years, or in a county jail for between 90 days to one year, or by a fine of $1,000 to $10,000, or both. (Veh. Code, § 20001, subd. (b)(2).)
- Provides that if a person flees the scene of an accident after committing a vehicular manslaughter, vehicular manslaughter while intoxicated, or gross vehicular manslaughter while intoxicated, the punishment is an additional term of five years imprisonment in the state prison consecutive to the term imposed for the underlying conviction. (Veh. Code, § 20001, subd. (c).)
This bill:
- Creates mandatory sentences for hit and run offenses causing injury or death when the defendant has a prior conviction for wet reckless, DUI, gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, or gross vehicular manslaughter within the prior 10 years.
- Expands the application of the Watson advisement to apply in cases where the defendant pleads not guilty or no contest to a different or lesser offense as a substitute for an alleged violation of DUI. Provides that this provision is known as Braun’s Law.
Comments
This bill creates mandatory sentences when a hit and run offense resulting in injury or death occurs within 10 years of a separate conviction for wet reckless, DUI (with or without bodily injury), gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, or gross vehicular manslaughter. This bill also expands the application of the Watson advisement to apply in DUI cases where the defendant pleads not guilty or no contest to a different or lesser offense instead.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee:
Increased state incarceration costs (General Fund) of an unknown amount, likely minor to moderate, to the California Department of Corrections and Rehabilitation to the extent longer sentencing triads result in additional time served. This bill elevates the felony triad for an injury hit-and-run with a qualifying prior conviction from 16 months, two years, or three years to two, three, or four years, and elevates the triad for a death or permanent serious injury hit-and-run with a qualifying prior from two, three, or four years to three, four, or five years — roughly one additional year of state prison exposure per affected felony admission. The number of hit-and-run felony admissions involving a qualifying prior conviction within 10 years is likely small, and both offenses remain alternate felony-misdemeanors subject to prosecutorial and judicial discretion; however, each additional person-year of incarceration costs approximately $133,000 annually.
Minor cost pressures (Trial Court Trust Fund (TCTF), General Fund) to the courts to provide additional advisements at plea and to the extent increased felony exposure marginally increases contested proceedings. It generally costs approximately $1,000 to operate a courtroom for one hour. Although courts are not funded on the basis of workload, increased pressure on the TCTF may create a demand for increased funding for courts from the General Fund. The state budget provides annual General Fund backfills to the TCTF to offset revenue reductions, totaling approximately $117.3 million in 2025-26.
SUPPORT: (Verified 8/28/26)
CA Safe Roads Coalition (co-source)
Los Angeles County District Attorney (co-source)
Mothers Against Drunk Driving (co-source)
Orange County District Attorney (co-source)
American Medical Response West
Arcadia Police Officers’ Association
Associated General Contractors, California Chapters
Association for Los Angeles Deputy Sheriffs
Brea Police Association; Burbank Police Officers’ Association
California Association of Highway Patrolmen
California Association of School Police Chiefs
California Coalition of School Safety Professionals
California Consortium of Addiction Programs and Professionals
California Contract Cities Association
California District Attorneys Association
California Narcotic Officers’ Association
California Peace Officers Association
California Police Chiefs Association
California Reserve Peace Officers Association
California State Sheriffs’ Association
City of Glendale
City of Manhattan Beach
City of Pico Rivera
City of Thousand Oaks
Claremont Police Officers Association
Corona Police Officers Association
County of Orange
Culver City Police Officers’ Association
Fullerton Police Officers’ Association
League of California Cities
Los Angeles School Police Management Association
Los Angeles School Police Officers Association
Murrieta Police Officers’ Association
Newport Beach Police Association
Palos Verdes Police Officers Association
Peace Officers Research Association of California
Placer County Deputy Sheriffs’ Association
Pomona Police Officers’ Association
Riverside County District Attorney
Riverside Police Officers Association
Riverside Sheriffs’ Association
Streets are for Everyone
Streets for All
Walk San Francisco Foundation
OPPOSITION: (Verified 8/28/26)
ACLU California Action
California Attorneys for Criminal Justice
California Public Defenders Association
Californians United for a Responsible Budget
Ella Baker Center for Human Rights
Friends Committee on Legislation of California
Initiate Justice
Justice2Jobs Coalition
La Defensa
Los Angeles County Public Defender’s Union, Local 148
San Francisco Public Defender
Smart Justice California
Prepared by: Stephanie Jordan / PUB. S. /
8/30/26 20:15:43
SENATE THIRD READING
STR Bill Id:SB 907
Author:(Archuleta)
As Amended Ver:July 2, 2026
Majority vote
SUMMARY
Increases the punishment for fleeing the scene of an accident for a person with a prior specified driving conviction and expands the circumstances when a court must issue a Watson Advisement.
Major Provisions
- Increases the punishment for fleeing the scene of an accident if that person has been convicted of a prior specified vehicle crime, as follows:
- For a driver involved in an accident that results in injury to another, from an alternate felony-misdemeanor (wobbler) punishable by up to 16 months, two years, or three years in state prison, to a wobbler punishable by a higher maximum term of two, three, or four years in state prison, if the violation occurred within 10 years of a wet reckless,[1] Driving under the influence (DUI), DUI causing bodily injury, any intoxicated vehicular manslaughter offense, or gross vehicular manslaughter that resulted in a conviction.
- For a driver involved in an accident that results in death or permanent, serious injury to another, from a wobbler punishable by up to two, three, or four years in state prison, to a wobbler punishable by a higher maximum term of three, four, or five years in state prison if the violation occurred within 10 years of a wet reckless, DUI, DUI causing bodily injury, any intoxicated vehicular manslaughter offense, or gross vehicular manslaughter that resulted in a conviction.
- Expands the circumstances under which a court must issue a "Watson Advisement," a judicial advisement informing a person, among other things, that if they continue to drive under the influence and kill someone, they can be charged with murder, to include when a defendant pleads guilty or no contest to a different or lesser offense as a substitute for an alleged violation of DUI.
COMMENTS
According to the Author
"California has fallen behind the nation in addressing drunk and impaired driving, putting our citizens at risk. This is unacceptable and a disservice to all Californians. SB 907 sends a clear message: California will no longer prioritize protecting the repeat, serial offenders that terrorize our streets over victims of drunk driving. SB 907 strengthens California's DUI enforcement and sentencing laws, particularly for repeat offenders. The bill includes three provisions that will protect California families from drunk drivers, improve road safety, hold repeat serial offenders accountable, and close loopholes in existing law. SB 907 shows California that their government takes our drunk driving epidemic seriously and we are committed to making our roads safe and prevent the types of tragedies that have become all too common. Having lost my own Granddaughter to a drunk driver, I have seen firsthand the failures of our current system and know California must stand up for families and stand up for victims."
Arguments in Support
According to the Los Angeles County District Attorney's Office, a co-sponsor of this bill, "California's DUI laws are among the weakest in the nation, which has resulted in devastating outcomes. Alcohol-related roadway deaths have surged more than 50% in the last decade, twice the national rate. Of the 50 largest cities in the country, California has eight of the top ten highest DUI rates. We regularly see the human cost in our courtrooms, where repeat offenders cause catastrophic crashes and families lose loved ones forever.
"SB 907 aims to strengthen California's DUI and vehicular manslaughter laws, particularly for repeat offenders. The bill proposes several key fixes to existing laws. First, the "Braun's Law" portion of the bill would ensure that individuals whose DUI charges are dismissed or pled down to a lesser or different charge are advised with a Watson warning of the serious consequences of driving while impaired, which include being charged with second degree murder the next time they drive while intoxicated and kill someone…
"It also increases sentencing for committing a hit and run causing death or permanent, serious injury if the driver has a prior DUI or vehicular manslaughter conviction within 10 years.
"Under existing laws, repeat offenders understand that they benefit by running away from their crime. If the individual driving under the influence can delay apprehension until after the drug or alcohol is out of their system, it is likely that they will only be charged with a hit and run.
"SB 907 provides a timely and much needed fix to California's existing laws addressing drunk driving and vehicular manslaughter. In so doing, SB 907 aims to close loopholes in the law, save lives and make communities safer."
Arguments in Opposition
According to Smart Justice California, "Smart Justice California believes in effective accountability, however current law already provides significant criminal penalties to address the behavior contemplated by SB 907…
"Existing law… provides ample penalties to address hit-and-run offenses resulting in injury (up to three years in state prison for a felony, or up to one year in county jail for a misdemeanor) or death (up to four years in state prison for a felony, or up to one year in county jail for a misdemeanor), while providing appropriate discretion to prosecutors and judges to determine whether an offense should be treated as a felony or a misdemeanor. (Vehicle Code, Section 20001, subd. (b).) …
"These and other existing penalties already provide a sufficient range of options for prosecutors and courts to hold people accountable for the offenses contemplated by SB 907. To the extent existing penalties already act as a deterrent, expanding penalties will not increase their deterrent value. Research has shown that certainty of punishment has a greater deterrent effect than the severity of the punishment itself…
"Existing data does not correlate increased penalties with reduced impaired driving fatality rates. In states where DUIs can be charged as felonies, there is no significant correlation with reductions in alcohol-impaired-driving fatality. The National Judicial College supports a treatment-based approach for DUIs, stating that "punishment, unaccompanied by treatment and accountability, is an ineffective way to prevent recidivism and habilitate the offenders...The outcome for the offender is continued dependence on alcohol or drugs, and the community, continued peril." For example, states with treatment programs, such as New York's Drug Treatment Alternative-to-Prison program showed a significant and profound reduction in recidivism."
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
- Increased state incarceration costs (General Fund) of an unknown amount, likely minor to moderate, to the California Department of Corrections and Rehabilitation to the extent longer sentencing triads result in additional time served. This bill elevates the felony triad for an injury hit-and-run with a qualifying prior conviction from 16 months, two years, or three years to two, three, or four years, and elevates the triad for a death or permanent serious injury hit-and-run with a qualifying prior from two, three, or four years to three, four, or five years — roughly one additional year of state prison exposure per affected felony admission. The number of hit-and-run felony admissions involving a qualifying prior conviction within 10 years is likely small, and both offenses remain alternate felony-misdemeanors subject to prosecutorial and judicial discretion; however, each additional person-year of incarceration costs approximately $133,000 annually.
- Minor cost pressures (Trial Court Trust Fund (TCTF), General Fund) to the courts to provide additional advisements at plea and to the extent increased felony exposure marginally increases contested proceedings. It generally costs approximately $1,000 to operate a courtroom for one hour. Although courts are not funded on the basis of workload, increased pressure on the TCTF may create a demand for increased funding for courts from the General Fund. The state budget provides annual General Fund backfills to the TCTF to offset revenue reductions, totaling approximately $117.3 million in 2025-26.
VOTES
SENATE FLOOR: 36-0-4
YES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Durazo, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Reyes, Richardson, Rubio, Seyarto, Stern, Strickland, Umberg, Valladares, Wahab, Wiener
ABS, ABST OR NV: Dahle, Gonzalez, Smallwood-Cuevas, Weber Pierson
ASM PUBLIC SAFETY: 9-0-0
YES: Schultz, Alanis, Mark González, Haney, Harabedian, Lackey, Nguyen, Ramos, Sharp-Collins
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Hoover, Arambula, Calderon, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache, Ta, Tangipa
UPDATED
VERSION: July 2, 2026
CONSULTANT: Ilan Zur / PUB. S. / (916) 319-3744 FN: 0003511
A wet reckless conviction occurs where the prosecution agrees to a plea to a charge of reckless driving under Vehicle Code 23103, in satisfaction of, or as a substitute for, an original DUI charge, as specified. (Veh. Code, § 23103.5.) ↑
Date of Hearing: August 5, 2026
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
SBPCA Bill Id:SB 907
Author:(Archuleta) – As Amended Ver:July 2, 2026
Policy Committee: | Public Safety | Vote: | 9 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill increases the penalty for leaving the scene of an accident (hit-and-run) resulting in injury, death, or permanent serious injury when the violation occurs within 10 years of a conviction for specified impaired or reckless driving offenses, and requires a court to advise a defendant of the dangers of driving under the influence (DUI) when the defendant pleads to a different or lesser offense as a substitute for an alleged DUI.
Specifically, this bill:
- Provides that a hit-and-run resulting in injury, committed within 10 years of a conviction for a wet reckless (plea to reckless driving in satisfaction of an original DUI), DUI, DUI causing bodily injury, intoxicated vehicular manslaughter, or vehicular manslaughter with gross negligence, is punishable as a felony by imprisonment in the state prison for two, three, or four years, as a misdemeanor by imprisonment in a county jail for up to one year, or by a fine of $1,000 to $10,000, or by both imprisonment and fine.
- Provides that a hit-and-run resulting in death or permanent serious injury, committed within 10 years of a conviction for one of the offenses listed above, is punishable as a felony by imprisonment in the state prison for three, four, or five years, or as a misdemeanor by imprisonment in a county jail for 90 days to one year, and by a fine of $1,000 to $10,000. The court retains discretion, in the interests of justice and for reasons stated on the record, to reduce or eliminate the minimum term.
- Designates Vehicle Code Section 23635 as Braun’s Law and requires the court to give the advisement specified in Vehicle Code Section 23593 — that DUI is extremely dangerous to human life and that a future DUI resulting in death may be charged as murder — when a defendant pleads guilty or no contest to a different or lesser offense as a substitute for an alleged DUI.
FISCAL EFFECT:
- Increased state incarceration costs (General Fund) of an unknown amount, likely minor to moderate, to the California Department of Corrections and Rehabilitation to the extent longer sentencing triads result in additional time served. This bill elevates the felony triad for an injury hit-and-run with a qualifying prior conviction from 16 months, two years, or three years to two, three, or four years, and elevates the triad for a death or permanent serious injury hit-and-run with a qualifying prior from two, three, or four years to three, four, or five years — roughly one additional year of state prison exposure per affected felony admission. The number of hit-and-run felony admissions involving a qualifying prior conviction within 10 years is likely small, and both offenses remain alternate felony-misdemeanors subject to prosecutorial and judicial discretion; however, each additional person-year of incarceration costs approximately $133,000 annually.
- Minor cost pressures (Trial Court Trust Fund (TCTF), General Fund) to the courts to provide additional advisements at plea and to the extent increased felony exposure marginally increases contested proceedings. It generally costs approximately $1,000 to operate a courtroom for one hour. Although courts are not funded on the basis of workload, increased pressure on the TCTF may create a demand for increased funding for courts from the General Fund. The state budget provides annual General Fund backfills to the TCTF to offset revenue reductions, totaling approximately $117.3 million in 2025-26.
COMMENTS:
- Purpose. According to the author:
SB 907 strengthens California's DUI enforcement and sentencing laws, particularly for repeat offenders. . . . Having lost my own Granddaughter to a drunk driver, I have seen first hand the failures of our current system and know California must stand up for families and stand up for victims.
- Background. Existing law requires the driver of a vehicle involved in an accident resulting in injury or death to stop at the scene, provide identifying information, and render reasonable assistance. A violation involving injury is an alternate felony-misdemeanor punishable by up to one year in county jail or 16 months, two years, or three years in state prison; a violation involving death or permanent serious injury is punishable by 90 days to one year in county jail or two, three, or four years in state prison. This bill adds elevated felony triads for a driver with a qualifying impaired or reckless driving conviction within the preceding 10 years, while preserving the alternate felony-misdemeanor structure. Existing law also requires a court to give a person convicted of a DUI, DUI causing bodily injury, or wet reckless a “Watson advisement,” codified by AB 2173 (Parra), Chapter 502, Statutes of 2004, informing the person that impaired driving is extremely dangerous to human life and that a future DUI resulting in a death may be charged as murder. Because the advisement attaches only upon conviction of an enumerated offense, a defendant who pleads to a different or lesser offense in place of a DUI charge may never receive the advisement. This bill closes that gap by requiring the advisement upon a substitute plea. According to the California Office of Traffic Safety, total crash fatalities statewide increased approximately 31% from 2013 to 2023, from 3,107 to 4,061, including a 54% increase in alcohol-impaired fatalities over that period. Over roughly the same timeframe, DUI arrests and convictions declined by approximately 44% and 45%, respectively, between 2010 and 2021. The Assembly Public Safety Committee analysis notes that research on deterrence generally finds the certainty of apprehension a more powerful deterrent than the severity of punishment.
- Support/Opposition. This bill is co-sponsored by the Orange County District Attorney, the Los Angeles County District Attorney’s Office, Mothers Against Drunk Driving, and Safety and Advocacy for Empowerment, and is supported by numerous law enforcement associations, the California District Attorneys Association, and the League of California Cities. Opposition includes ACLU California Action, the California Public Defenders Association, California Attorneys for Criminal Justice, Smart Justice California, and the Vera Institute of Justice, who argue existing law already provides substantial penalties for the underlying conduct and that increased sentence severity lacks deterrent value.
- Related Legislation. AB 2328 (Alanis), of this legislative session, increases the punishment for a hit-and-run resulting in death from a maximum of two, three, or four years in state prison to three, four, or five years. AB 2328 was held in this committee.
AB 1546 (Schultz), of this legislative session, increases the punishment for specified repeat DUI offenses and is pending hearing in Senate Appropriations.
AB 1830 (Petrie-Norris) requires a court to order an ignition interlock device for a first-time DUI conviction and was held in Senate Public Safety.
- Prior Legislation. AB 1067 (Patterson), of the 2023-2024 Legislative Session, would have increased the maximum penalty for a hit-and-run resulting in death from four to six years in state prison. AB 1067 was held in this committee.
AB 582 (Patterson), of the 2021-2022 Legislative Session, was substantially similar to AB 1067 and was also held in this committee.
Analysis Prepared by: Shiran Zohar / APPR. / (916) 319-2081
Date of Hearing: June 30, 2026
Counsel: Ilan Zur
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Nick Schultz, Chair
SBPCA Bill Id:SB 907
Author:(Archuleta) – As Amended Ver:May 18, 2026
SUMMARY:
- Subjects a person convicted of a specified felony impaired driving crime to a three-year sentence enhancement for each prior specified impaired driving conviction, increases the punishment for fleeing the scene of an accident for a person with a prior specified driving conviction, and expands the circumstances when a court must issue a Watson Advisement. Specifically, this bill:
- Requires a court, for certain impaired driving crimes, to impose a three-year sentence enhancement for each prior specified impaired driving crime, as follows:
- Requires a court, if a person is convicted of: 1) a felony driving under the influence (DUI);[1] 2) felony DUI causing bodily injury; 3) DUI with three or more priors;[2] 4) DUI or DUI causing bodily injury (any DUI) within 10 years of certain felonies (a DUI with three or more priors, a DUI causing bodily injury, or gross vehicular manslaughter); 5) any DUI with a prior conviction for gross intoxicated vehicular manslaughter, felony intoxicated vehicular manslaughter with ordinary negligence, or intoxicated vehicular manslaughter with gross negligence involving a vessel; 6) gross intoxicated vehicular manslaughter; or 7) intoxicated vehicular manslaughter with ordinary negligence, where a prison sentence or jail-eligible felony sentence is imposed and not suspended, to impose, in addition and consecutive to any other sentence, a three-year term for each prior and separate conviction for any of these same offenses.
- States that this term shall not be imposed for a prior conviction that occurred before a period of 10 years in which the defendant remained free of the commission of an offense resulting in a felony conviction and prison custody, or the imposition of a term of jail custody imposed from a jail-eligible felony or any felony sentence that is not suspended.
- Increases the punishment for fleeing the scene of an accident if that person has been convicted of a prior specified vehicle crime, as follows:
- For a driver involved in an accident that results in injury to another from an alternate felony-misdemeanor (wobbler) punishable by 16 months, two years, or three years in state prison, to a straight felony punishable by imprisonment in state prison for two, three, or four years, if the violation occurred within 10 years of a wet reckless,[3] DUI, DUI causing bodily injury, any intoxicated vehicular manslaughter offense, or gross vehicular manslaughter that resulted in a conviction.
- For a driver involved in an accident that results in death or permanent, serious injury to another from a wobbler punishable by up to two, three, or four years in state prison, to a straight felony punishable by two, four, or six years in state prison, if the violation occurred within 10 years of a separate violation for a hit-and-run eligible prior that resulted in a conviction.
- For a driver involved in an accident resulting only in property damage from a misdemeanor punishable by up to six months in county jail, to a wobbler punishable by up to one year in a county jail or by imprisonment for 16 months, two years, or three years in state prison, if the violation occurred within 10 years of a separate violation of a hit-and-run eligible prior that resulted in a conviction.
- Expands the circumstances under which a court must issue a “Watson Advisement,” a judicial advisement informing a person, among other things, that if they continue to drive under the influence and kill someone, they can be charged with murder, to include when a court dismisses an allegation of DUI, or when a defendant pleads guilty or no contest to a different or lesser offense as a substitute for an alleged violation of DUI.
EXISTING LAW:
- Makes it unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, or who has 0.08 percent or more, by weight, of alcohol (BAC) in their blood, to drive a vehicle. (generally referred to as a DUI). (Veh. Code, § 23152, subds. (a), (b) (f), & (g).)
- Punishes DUI as follows:
- DUI is a misdemeanor punishable by imprisonment for four days to six months in county jail, a fine of $390 to $1,000, an order to install an ignition interlock device (IID) on any vehicle that person operates for up to six months,[4] at the court’s discretion, a six-month license suspension or a 10-month suspension if probation is given and a 9-month DUI program is ordered, and completion of a specified DUI program. (Veh. Code, §§ 13352, subd. (a)(1); 13352.1, subd. (a); 23536, subds. (a) & (c); 23538, subds. (a) & (b); 23575.3, subd. (h)(1)(A)(i).)
- DUI with one prior is a misdemeanor punishable by imprisonment for three months to one year in county jail, a fine of $390 to $1,000, a one-year IID installation mandate, a two-year license suspension, and completion of an 18-month or 30-month DUI program, as specified, if given probation. (Veh. Code, §§ 13352, subd. (a)(3); 23540, subd. (a); 23542, subds. (a) & (b); 23575.3, subd. (h)(1)(B).)
- DUI with two priors is a misdemeanor punishable by imprisonment for four months to one year in county jail, a fine of $390 to $1,000, a two-year IID installation mandate, a three-year license revocation, and a three-year designation as a habitual traffic offender, and an 18- or 30-month DUI program, as specified, if given probation and at the court's discretion. (Veh. Code, §§ 13352, subd. (a)(5); 23546; 23548, subds. (a) & (b); 23575.3, subd. (h)(1)(C).)
- DUI with three or more priors is a wobbler punishable by imprisonment for six months to one year in jail, or as a felony punishable by incarceration by 16 months, or two or three years, a fine of $390 to $1,000, a three-year IID installation mandate, a four-year license revocation, and three-year designation as a habitual traffic offender, and an 18 or 30-month DUI program, as specified, if given probation and at the court’s discretion. (Veh. Code, §§ 13352, subd. (a)(7); 23550; 23552, subds. (a) & (b); 23575.3, subd. (h)(1)(D).)
- Makes it unlawful for any person who is under the influence of any alcoholic beverage or drug, or the combined influence of the two, or who has a BAC of .08 or more, to drive a vehicle, and concurrently do any act forbidden by law or neglect any duty in driving the vehicle, which proximately causes bodily injury to another person (generally referred to as a DUI causing bodily injury.) (Veh. Code, § 23153 subds. (a), (f), & (g).)
- Punishes a DUI causing bodily injury as follows:
- A first DUI causing bodily injury is a wobbler punishable by imprisonment for three months to one year in county jail or 16 months, or two or three years in state prison, a fine of $390 to $1,000, a one-year IID installation mandate, a one-year license suspension, and completion of a three-month (30-hour) DUI treatment program; or, if given probation, a nine-month (60-hour) program if the person’s BAC was .20 percent or more or they refused to take a chemical test. (Veh. Code, §§ 13352 subd. (a)(2); 23554; 23556, subds. (a) & (b); 23575.3, subd. (h)(2)(A).)
- DUI causing bodily injury with one prior is a wobbler punishable by imprisonment for four months to one year in county jail or 16 months, or two or three years in state prison, a fine of $390 to $5,000, a two-year IID installation mandate, a three-year license revocation, and an 18- or 30-month DUI program, as specified, if given probation and at the court’s discretion. (Veh. Code, §§ 13352 subd. (a)(4); 23560; 23562, subds. (a) & (b); 23575.3, subd. (h)(2)(B).)
- DUI causing bodily injury with two or more priors is a felony punishable by imprisonment in state prison for two, three, or four years, a fine of $1,015 to $5,000, a three-year IID installation mandate, a five-year license revocation and three-year designation as a habitual traffic offender, and an 18- or 30-month DUI program, as specified, if given probation. (Veh. Code, §§ 13352 subd. (a)(6); 23566; 23568, subds. (a) & (b); 23575.3, subd. (h)(2)(C.)
- Establishes additional punishment for a DUI that injures or kills more than one victim, a DUI with prior specified felonies, and a DUI that causes certain injury, as follows:
- Provides that a person who is convicted of DUI causing bodily injury or intoxicated vehicular manslaughter, which proximately causes bodily injury or death to more than one victim and results in a felony conviction, shall receive a one-year sentence enhancement in state prison for each additional victim injured (maximum of three). (Veh. Code, § 23558.)
- Makes a person convicted of DUI causing bodily injury, where the violation proximately causes great bodily injury (GBI) to another person, and the offense occurred within 10 years of two or more priors guilty of a felony, punishable by two, three, or four years in state prison, a five-year license revocation, and a three-year IID installation mandate. (Veh. Code, §§ 23566, subd. (b); 13352 subd. (a)(6).)
- Provides that if a person is convicted of the above offense, and the underlying offense occurred within 10 years of four or more priors, there shall be an additional punishment of three years in state prison, which shall be served in addition to and consecutive to the sentence imposed above. (Veh. Code, § 23566, subd. (c).)
- Punishes a person convicted of any DUI within 10 years of specified felonies –DUI with three or more priors, DUI causing bodily injury, or gross vehicular manslaughter – as a wobbler with a four or five-year license revocation and a three or four-year IID mandate. (Veh. Code, §§ 13352 subd. (a)(6)-(7); 23550.5, subds. (a), (c) & (d).)
- Punishes a person convicted of any DUI who has a prior felony conviction for intoxicated vehicular manslaughter with gross negligence, intoxicated vehicular manslaughter with ordinary negligence, or intoxicated vehicular manslaughter while operating a vessel, as a wobbler with a four or five-year license revocation and a three or four-year IID mandate. (Veh. Code, §§ 13352 subd. (a)(6)-(7); 23550.5, subds. (b), (c) & (d).)
- Requires a court to advise a person convicted of DUI, DUI causing bodily injury, or a wet reckless, of the following: “You are hereby advised that being under the influence of alcohol or drugs, or both, impairs your ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If you continue to drive while under the influence of alcohol or drugs, or both, and, as a result of that driving, someone is killed, you can be charged with murder.” (Veh. Code, § 23593, subd. (a).)
- Establishes penalties for fleeing the scene of the accident, as follows:
- Requires a driver of a vehicle involved in an accident resulting only in damage to property, including vehicles, to immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists, and perform certain duties, and makes a violation of this requirement a misdemeanor, punishable by up to six months in county jail, a fine of up to $1,000, or by both. (Veh. Code, § 20002.)
- Requires the driver of a vehicle involved in an accident that results in injury or death to another person to immediately stop the vehicle at the scene of the accident and to fulfill specified requirements, including providing identifying information and rendering reasonable assistance. (Veh. Code, §§ 20001, subd. (a); 20003.)
- Provides that fleeing the scene of an accident resulting in injury to another is punishable by 16 months, two, or three years in state prison or, by imprisonment in a county jail not to exceed one year, or by a fine of not less than $1,000 nor more than $10,000, or by both a fine and imprisonment. (Veh. Code, § 20001, subd. (b)(1).)
- Provides that fleeing the scene of an accident which results in permanent, serious injury or death to another is punishable by imprisonment in prison for two, three, or four years, or in county jail for 90 days to one year, or by a fine between $1,000 and $10,000, or by both a fine and imprisonment. (Veh. Code, § 20001, subd. (b)(2).)
FISCAL EFFECT:
Unknown
COMMENTS:
- Sponsor: Orange County District Attorney, Los Angeles County District Attorney, Mothers Against Drunk Driving, CA Safe Roads Coalition
- Author's Statement: According to the author, “California has fallen behind the nation in addressing drunk and impaired driving, putting our citizens at risk. This is unacceptable and a disservice to all Californians. SB 907 sends a clear message: California will no longer prioritize protecting the repeat, serial offenders that terrorize our streets over victims of drunk driving. SB 907 strengthens California’s DUI enforcement and sentencing laws, particularly for repeat offenders. The bill includes three provisions that will protect California families from drunk drivers, improve road safety, hold repeat serial offenders accountable, and close loopholes in existing law. SB 907 shows California that their government takes our drunk driving epidemic seriously and we are committed to making our roads safe and prevent the types of tragedies that have become all too common. Having lost my own Granddaughter to a drunk driver, I have seen first hand the failures of our current system and know California must stand up for families and stand up for victims.”
- Background: There has been a substantial increase in crash fatalities in California in the last decade. Traffic fatalities can result from a variety of factors, including impaired driving, speeding, distracted driving, unsecured passengers, and unhelmeted motorcyclists, among others.[5] According to data published by the California Office of Traffic Safety (OTS), total crash fatalities across the state increased by about 31 percent, from 3,107 to 4,061, from 2013 to 2023.[6] This has been driven by an increase in almost all of the major crash fatality categories. According to OTS data, from 2013 to 2023, there was an approximate 54% increase in alcohol-impaired fatalities,[7] a 51% increase in unrestrained occupant fatalities,[8] a 51% increase in pedestrian fatalities,[9] a 31% increase in speeding-related fatalities,[10] and a 26% increase in motorcycle fatalities.[11] However, the latest data suggests this trend may be reversing. Total fatalities decreased by 1.9% from 2021 to 2022,[12] and again by 11% from 2022 to 2023.[13] Alcohol-impaired fatalities similarly decreased by 4.5% from 2022 to 2023.[14]
Alcohol and drug-involved crash fatalities, which have historically comprised a significant portion of total crash fatalities, peaked at 2,065 in 2005, before declining to a multi-decade low of 1,416 in 2010.[15] DUI crash fatalities then increased by about 32% from 2010 to 2021,[16] despite comprising an increasingly lower proportion of total crash fatalities. In 2013, DUI crash fatalities were responsible for 54.7% of all crash fatalities; in 2021, 41.7%.[17] That is the lowest proportion of total crash fatalities since 2001.[18] Further, non-alcohol-involved crash fatalities increased from 2010 to 2021 by an alarming 88% percent.[19] This indicates that vehicle safety factors, other than alcohol-involved impaired driving, are playing a significant role in driving California’s increase in crash fatalities.
The increase in DUI fatalities has coincided with a significant decline in DUI arrests and convictions. In 2010, when impaired fatalities were at a multi-decade low, there were 195,879 DUI arrests and 148,042 DUI convictions in California.[20] Between 2010 and 2021, DUI arrests and convictions decreased by approximately 44% and 45%, respectively.[21] From 2011 to 2021, the DUI arrest rate per 100,000 licensed drivers decreased from 752 to 401.[22] This decrease in DUI arrests and convictions, considered alongside the significant increase in DUI fatalities, suggests a reduction in the enforcement of California’s DUI laws. - California’s DUI Framework: Increased Penalties for Repeat Offenders: Under California’s statutory DUI framework, the punishment for a DUI or DUI causing bodily injury increases with each “prior” DUI conviction within 10 years of the current offense. (See, e.g., Veh. Code, § 23540, subd. (a).) Prior convictions include a DUI, a DUI causing bodily injury, and a wet reckless plea under Vehicle Code section 23103.5. (Veh. Code, §§ 23540; 23546; 23550; 23560; 23566.)[23] A DUI occurs if a defendant drives a vehicle under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, or who has 0.08 percent or more, by weight, of BAC in their blood. (Veh. Code, § 23152 subds. (a), (b) (f), & (g).) If, while under the influence, the person concurrently does any act forbidden by law or neglects any duty in driving the vehicle, which proximately causes bodily injury to any person other than the driver, that person is guilty of DUI causing bodily injury. (Veh. Code, § 23153 subds. (a), (f), & (g).) A wet reckless occurs where the prosecution agrees to a plea to reckless driving in satisfaction of, or as a substitute for, an original DUI charge. (Veh. Code, § 23103.5.)
A first-time DUI not causing bodily injury is punishable by imprisonment for four days to six months in county jail, a fine of $390 to $1,000, a possible six-month IID installation order, a six- to 10-month license suspension, and, if given probation, completion of a three- or nine-month DUI program. (Veh. Code, §§ 13352, subd. (a)(1); 13352.1, subd. (a); 23536, subds. (a) & (c); 23538, subds. (a) & (b); 23575.3, subd. (h)(1)(A)(i).) A DUI with one prior is punishable by imprisonment for three months to one year in county jail, a $390 to $1,000 fine, a one-year IID mandate, a two-year license suspension, and, if given probation, completion of an 18- or 30-month DUI program. (Veh. Code, §§ 13352, subd. (a)(3); 23540, subd. (a); 23542, subds. (a) & (b); 23575.3, subd. (h)(1)(B).) A DUI with two priors is punishable by imprisonment for four months to one year in county jail, a $390 to $1,000 fine, a two-year IID mandate, a three-year license revocation, and, if given probation, a possible 18- or 30-month DUI program. (Veh. Code, §§ 13352, subd. (a)(5); 23546; 23548, subds. (a) & (b); 23575.3, subd. (h)(1)(C).) A DUI with three or more priors is a wobbler, punishable by imprisonment for six months to one year in county jail, or as a jail-eligible felony by 16 months, two years, or three years. (Veh. Code, § 23550.) Additionally, this offense is subject to a $390 to $1,000 fine, a three-year IID mandate, a four-year license revocation, and, if given probation, a possible 18- or 30-month DUI program. (Veh. Code, §§ 13352, subd. (a)(7); 23550; 23552, subds. (a) & (b); 23575.3, subd. (h)(1)(D).)
DUIs that cause bodily injury are punished separately and more severely. A first-DUI causing bodily injury and DUI causing bodily injury with one prior are wobblers punishable by imprisonment for 90 days to one year in jail or 16 months, two years, or three years in state prison. (Veh. Code, §§ 23554; 23560.) However, a DUI causing bodily injury with two or more priors is a straight felony punishable in state prison by imprisonment for two, three, or four years. (Veh. Code, §§ 23560; 23566; 23568, subds. (a) & (b).)
In addition to the incrementally greater criminal penalties associated with each ordinary prior, certain more severe prior impaired driving crimes trigger even greater penalties. In practice, certain prior felony impaired driving offenses, among other crimes, convert an otherwise misdemeanor DUI into a wobbler. (Veh. Code, § 23550.5, subd. (a).)
- Three-Year Sentence Enhancement:
- Effect of this Provision
This bill requires a court, if a person is convicted of one of the impaired driving crimes listed above, to impose a three-year sentence enhancement, in addition to and consecutive to any other sentence, for each prior conviction for any of these same offenses. This would only apply if a felony prison sentence or jail-eligible felony sentence for the current offense is imposed and not suspended. Each enhancement must be imposed, in addition to and consecutive to any other sentence.
Enhancements only apply if the current offense is sentenced as a felony. However, the list of prior offenses that require a three-year enhancement includes crimes that are wobblers, even if those wobblers were ultimately charged and sentenced as a misdemeanor. Prior wobbler offense that could receive a three-year enhancement include a DUI with three or more priors, any DUI within 10 years of a prior specified felony, any DUI with a prior conviction for specified intoxicated vehicular manslaughter crimes, and a conviction for intoxicated vehicular manslaughter with ordinary negligence (Veh. Code, §§ 23550; 23550.5, subds. (a) & (b); Pen. Code, § 191.5, subd. (c)(2).) Under this bill, a person convicted and sentenced for a felony DUI crime, who has a prior misdemeanor conviction under any of these wobblers, would receive a three-year sentence enhancement for each of those prior offenses, in addition to and consecutive to the term for their current offense.
This enhancement would not apply to “any prior conviction suffered prior to a period of 10 years in which the defendant remained free of both the commission of an offense that results in a felony conviction, and prison custody or the imposition of a term of jail custody imposed [as a jail eligible felony] or any felony sentence that is not suspended.”
- Duplicative Criminal Penalties
Almost all of the sentence-enhancing triggering priors proposed by this bill already trigger heightened punishment for a DUI offender. A DUI and DUI causing bodily injury are considered standard priors under California’s DUI framework. (Veh. Code, §§ 23540; 23546; 23550; 23560; 23566.) In addition to the penalty increases associated with ordinary priors, existing law singles out certain more severe priors to trigger even greater punishment. (Veh. Code, § 23550.5, subds. (a)-(b).) More severe priors, namely a felony DUI with three or more priors, felony DUI causing bodily injury, gross vehicular manslaughter, gross intoxicated vehicular manslaughter, and felony intoxicated manslaughter with ordinary negligence, function to convert subsequent otherwise misdemeanor DUI offenses into felony-eligible crimes. (Ibid.) This bill requires each prior felony to additionally trigger a three-year enhancement.
For example, under existing law, a DUI with one prior is typically a misdemeanor punishable by three months to one year in county jail. (Veh. Code, § 23540.) If that prior is a more severe prior, such as a felony DUI causing bodily injury, the current offense becomes a wobbler punishable by up to three years in state prison. (Veh. Code, § 23550.5, subd. (a).) Under this bill, if the current offense results in the imposition of a felony sentence, the prior offense for a felony DUI causing bodily injury also triggers a three-year sentence enhancement, in addition to converting the current offense into a potential felony charge.
These duplicative penalty increases could substantially lengthen prison sentences. For example, consider a person convicted and sentenced for a felony DUI causing bodily injury with two prior felony DUI offenses within the prior ten years. A first-time DUI causing bodily injury is punishable as a wobbler. (Veh. Code, § 23554).) Under existing law, those two priors increase the punishment for the DUI causing bodily injury from a wobbler punishable by imprisonment of up to three years to a straight felony punishable by up to four years. (Veh. Code, § 23566, subd. (a).) This bill would then add a three-year sentence enhancement for each of those two priors.
For individuals with substance use problems who have accumulated numerous DUI convictions, the increase in the total sentence would be significant. Consider a person who commits five DUIs within 10 years, the first of which caused injury and was punished as a felony, and the rest of which did not cause injury. Under current law, that person’s second, third, fourth, and fifth DUIs not causing injury are wobblers. (Veh. Code, § 23550.5, subd. (a).) A person’s fifth DUI, not causing injury, would similarly be punishable as a wobbler by imprisonment for up to three years, either as a DUI with three or more priors or as a DUI within 10 years of a prior impaired driving felony. (Veh. Code, §§ 23550; 23550.5, subd. (a).) This bill would require, for a current fifth offense, that each of that person’s prior four DUIs receive three-year sentence enhancements. This would be the case even if that person’s second, third, and fourth offenses were all DUIs not involving injury that resulted in misdemeanor convictions. Ultimately, this would require the imposition of four separate three-year enhancements, in addition to up to three years in state prison.
Given that a prior DUI offense already triggers increased punishment, and certain more severe priors already trigger even greater penalties, imposing additional three-year enhancements for specified priors may be duplicative and could result in arguably excessive incarceration terms.
- Inconsistency in the Law
Under this bill, a prior impaired driving crime triggers an enhancement unless the prior conviction occurred before a period of 10 years during which the defendant remained out of prison and free of a new felony conviction. This permits criminal conduct unrelated to impaired driving to extend the washout period to encompass DUI crimes more than 10 years apart. This could encompass convictions that occurred upwards of 20 years ago, depending upon the defendant’s criminal conduct between their DUI offenses. For example, a person convicted of a felony DUI in 2026, who was previously convicted of a felony DUI seventeen years ago in 2009, could still be subject to a three-year sentence enhancement under this bill if, for example, they were sentenced to prison for a new non-driving-related felony in 2017. Such a person would not have remained out of prison custody and free of a new felony conviction for 10 years, and therefore, the prior conviction would trigger the three-year enhancement proposed by this bill. In contrast, under the current DUI framework, the 2009 felony DUI conviction would “wash out” because it did not occur within 10 years of the DUI conviction in 2026. (See, e.g., Veh. Code, § 23540, subd. (a).)
The need to establish a three-year sentence enhancement for prior impaired driving offenses that are subject to a different and lengthier washout period than the existing standard DUI washout period is unclear.
- Existing Sentence Enhancements For Impaired Driving Crimes
Impaired drivers can also receive sentence enhancements depending on the conduct and circumstances of the offense. For example, a person convicted of a felony DUI causing injury with bodily injury or death to more than one victim can receive a one-year enhancement for each additional victim (maximum of three victims). (Veh. Code, § 23558.) There is a three-year enhancement if a person is convicted of the felony DUI causing bodily injury that proximately causes GBI and that occurred within 10 years of two or more priors; if the underlying offense occurred within 10 years of four or more priors, that person receives an additional three-year prison enhancement. (Veh. Code, § 23566, subds. (b) & (c).) A person convicted of a felony DUI may receive a three-year sentence enhancement if they personally inflicted GBI in the commission of the offense. (Pen. Code, § 12022.7, subds. (a) & (g); 23554; See e.g., People v. Wilson (2003) 114 Cal.App.4th 953, 956; People v. Sainz (1999) 74 Cal.App.4th 565, 576.) An impaired driver who kills someone and flees the scene of the accident may face a five-year sentence enhancement. (Veh. Code, § 20001, subd. (c).) An impaired driver who causes significant property damage may also be subject to sentence enhancements. If a person takes, damages, or destroys property in the commission of a felony, that person receives an enhancement of between one and four years, depending on the loss or property value affected. (Pen. Code, § 12022.6, subds. (d).)
Additionally, certain impaired driving crimes may be subject to enhanced penalties under California’s Three Strikes law. The Three Strikes law requires a person who is convicted of a felony and who has previously been convicted of one or more “violent” or “serious” felonies, known as strikes, to be subject to an alternative sentencing scheme. Specifically, if the person has one prior strike, the sentence on any new felony conviction must be double what is specified by statute. (Pen. Code, § 667, subd. (e)(1.) If the person has two prior strikes, the sentence for the third strike is 25 years to life. (Pen. Code, § 667, subd. (e)(2.)
Certain impaired driving crimes already qualify as a serious or violent felony. Murder is both a violent and serious felony. (Pen. Code, §§ 667.5, subd. (c)(1); 1192.7, subd. (c)(1).) An impaired driver who kills a person while driving, where the conduct involves implied malice, may receive a strike for a second-degree murder conviction. (Pen. Code, § 187; 190, subd. (a); CALCRIM 520 (2026); People v. Watson (1981) 30 Cal.3d 290, 300.) A serious felony also includes any felony in which the defendant personally inflicts GBI on a person other than an accomplice. (Pen. Code, § 1192.7, subd. (c)(1).) This includes intoxicated vehicular manslaughter crimes, gross vehicular manslaughter, or a DUI causing bodily injury if the offense involved the personal infliction of GBI. (Pen. Code, § 1192.8, subd. (a).)
- Increased Penalties for Fleeing the Scene of an Accident: The offenses described in Vehicle Code sections 20001-20002 are commonly known as “hit and runs.” To prove a violation of a hit and run the prosecution must establish that: (1) the defendant was involved in a vehicle accident while driving; (2) the accident caused damage to another’s property or permanent, serious injury or death to another; (3) the defendant knew that they were involved in an accident that property damage or injured another, or knew from the nature of the accident that it was probable that such damage or injury occurred; and, (4) the defendant willfully failed to perform specified duties. (CALCRIM 2140, 2150 (2026).)
The hit and run statute “merely addresses the duties of a driver, however otherwise innocent, once the accident and its attendant injuries have occurred.” (People v. Wood (2000) 83 Cal.App.4th 862, 866.) “The purpose of [the statute] is to prevent the driver of an automobile from leaving the scene of an accident in which he participates or is involved without proper identification and to compel necessary assistance to those who may be injured. The requirements of the statute are operative and binding on all drivers involved in an accident regardless of any question of their negligence respectively.” (People v. Scofield (1928) 203 Cal. 703, 708.) This does not require that a person drive impaired, recklessly, or negligently. A driver’s duties apply regardless of who was at fault for the accident.
If the accident results only in property damage, it is a misdemeanor punishable by up to six months in county jail. (Veh. Code, § 20002.) If the accident results in injury to another person, it is punishable by up to one year in county jail or 16 months, two, or three years in state prison. (Veh. Code, § 20001, subd. (b)(1).) However, if the accident results in death or permanent serious injury, it is punishable by 90 days to one year in county jail, or by two, three, or four years in state prison. (Veh. Code, § 20001, subd. (b)(2).)
This bill increases the punishment for fleeing the scene of the accident if the driver has previously been convicted of certain driving crimes within 10 years of the current hit-and-run offense. The specific offenses that would trigger such increased penalties are a wet reckless, DUI, DUI causing bodily injury, any intoxicated vehicular manslaughter offense, and gross vehicular manslaughter. For the crime of fleeing the scene of an accident resulting only in property damage, any of these prior convictions would increase the punishment for the offense from a misdemeanor to a wobbler punishable by up to three years in state prison. For the crime of fleeing the scene of an accident resulting in injury, a prior specified conviction would increase the punishment for the offense from a wobbler to a straight felony punishable by up to four years in state prison. For the crime of fleeing the scene of an accident resulting in death or permanent, serious injury, a prior conviction would increase the punishment for the offense from a wobbler to a straight felony punishable by up to six years in state prison.
This may contribute to inconsistency in the penalties for hit-and-runs. Currently, the penalties are proportionate to the level of harm caused. This bill makes a hit and run with a prior specified driving crime that results in injury a straight felony, while a hit and run resulting in permanent serious injury or death would remain a wobbler. - Removal of Judicial and Prosecutorial Discretion for Hit and Runs: Hit and runs involving injury, serious permanent injury, or death are wobblers; meaning prosecutors and courts have discretion to charge or reduce the offenses to a misdemeanor. (Pen. Code, § 17, subd. (b).) Judicial discretion permits courts to tailor the sentence based on the facts of the crime, the person’s history, and the person’s current circumstances. As stated by the California Supreme Court, “Society receives maximum protection when the penalty, treatment or disposition of the offender is tailored to the individual case.” (People v. Williams (1970) 30 Cal.3d 470, 482 [citation and internal quotation marks omitted].) “Only the trial judge has the knowledge, ability and tools at hand to properly individualize the treatment of the offender." (Ibid.) This bill removes this discretion and makes these offenses straight prison felonies if the defendant has a specified driving conviction within 10 years.
Fleeing the scene of the accident may encompass a wide range of offenders. Prosecutors and courts may find that felony charges are appropriate for a person who drove negligently and was the sole cause of an accident that caused serious injury or death. On the other hand, a court may find that misdemeanor charges are more appropriate for a person who was driving lawfully at the time of an accident that resulted in minimal injury, and there were other contributing causal factors that led to the accident. Removing this discretion may not be prudent. - Expanding California’s “Prior-Based” DUI Framework to Non-DUI Crimes: As previously discussed, the penalties for a DUI offense increase based on prior DUI convictions within 10 years of the current offense. This bill similarly increases punishment for crimes that do not require impairment if the person has a prior conviction for numerous impaired driving offenses or the crime of gross vehicular manslaughter, within 10 years. While some hit-and-run drivers may be impaired and could be incentivized to flee to avoid detection, a hit-and-run does not require impairment. A hit and run and a DUI are distinguishable crimes. The Legislature may wish to consider whether it is prudent to expand California’s prior-dependent DUI framework to apply to hit-and-run offenses that do not involve impaired driving.
- Expansion of Watson Warnings: A person who kills someone while driving impaired can be prosecuted for second-degree murder. (Pen. Code, § 187; 190, subd. (a); CALCRIM 520 (2026); People v. Watson (1981) 30 Cal.3d 290, 300.) Murder is the unlawful killing of a human being or fetus with malice aforethought. (Pen. Code, § 187, subd. (a).) In People v. Watson, the California Supreme Court held that a person who kills someone while driving under the influence may be charged with second-degree murder if the facts support a finding of implied malice. (People v. Watson, supra, 30 Cal.3d at p. 295). Malice may be implied “when a person, knowing that his conduct endangers the life of another, nonetheless acts deliberately with conscious disregard for life.” (Id. at p. 296.)
In 2004, the Legislature enacted AB 2173 (Parra), Chapter 502, Statutes 2004, with the stated intent of aiding prosecutors in proving implied malice in second-degree murder cases that arose out of DUI cases resulting in death by “making it clear that those individuals were aware of the danger they posed to others by drinking and driving as a result of the statement required by this bill which they signed after the original DUI conviction.”[24] Vehicle Code section 23593, codified by AB 2173, requires the court to provide a person convicted of a wet reckless driving offense, DUI, or DUI causing bodily injury, with the following advisement:
“You are hereby advised that being under the influence of alcohol or drugs, or both, impairs your ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If you continue to drive while under the influence of alcohol or drugs, or both, and, as a result of that driving, someone is killed, you can be charged with murder.” (Veh. Code, § 23593, subd. (a).)
This bill broadens the circumstances under which a court must issue a Watson Warning under Vehicle Code 23593. First, it requires the warning any time a court dismisses an allegation of a DUI, expanding these warnings to conduct that does not result in a conviction. Currently, courts only give Watson Warnings under Vehicle Code 23593 if a person is convicted of certain offenses. (Veh. Code, § 23593, subd. (a).) The term “allegation,” as used in this bill, likely refers to allegations made in an accusatory pleading, such as a criminal complaint, that a person drove impaired in violation of Vehicle Code 23152. (Pen. Code, § 691, subd. (c).) This may require the warning for a person charged, but not convicted of, a DUI, whose case is later dismissed.
However, charging a person with a DUI does not establish that they engaged in unlawful impaired driving. For example, a DUI charge may be subsequently dismissed due to insufficient evidence. This is inconsistent with the existing basis for the warning, which presently requires convictions. (Cf. Health & Saf. Code, § 11369, subd. (b).) Further, the Watson Warning suggests that the defendant has already driven while under the influence, stating that “[i]f you continue to drive while under the influence…and, as a result of that driving, someone is killed, you can be charged with murder.” (emphasis added). The warning may not be appropriate if the DUI charge is dismissed because the facts do not support that the person was unlawfully impaired.
- Other Penalties for Conduct Addressed by this Bill: California’s impaired driving criminal laws are extensive and address conduct far beyond the specific crime of simple DUI. In addition to crimes and enhancements already discussed, a person who kills someone while driving impaired may be prosecuted for intoxicated vehicular manslaughter. Intoxicated vehicular manslaughter with ordinary negligence is punishable by up to four years, while intoxicated vehicular manslaughter with gross negligence is punishable by imprisonment of up to 10 years. (Pen. Code, § 191.5, subd. (c)(1)-(2).) A person convicted of gross vehicular manslaughter while intoxicated, who has previously been convicted of any DUI, among other offenses, may be punished by 15 years to life. (Pen. Code, § 191.5, subd. (d).)
A DUI can result in substantial jail time, even when prosecuted as a misdemeanor. A DUI conviction mandates minimum jail time, and existing law additionally establishes jail enhancements for offenses involving excessive speeding, if the DUI involves a minor passenger, or if the person convicted of a DUI, at the time of arrest, willfully failed to submit to or complete a breath or urine test. (Veh. Code, §§ 23536; 23540; 23546; 23550; 23572, subd. (a); 23577, subd. (a); 23582, subd. (a).) A person convicted of a DUI may also have their vehicle impounded for up to 30 days for a first offense and up to 90 days for specified repeat offenders (Veh. Code, § 23594, subds. (a) & (b).) For certain severe impaired driving crimes, the vehicle may be subject to sale. (Veh. Code, § 23596, subds. (a) & (b).)
- Increased Penalties and Lack of Deterrent Effect: According to the National Institute of Justice (NIJ), “Laws and policies designed to deter crime by focusing mainly on increasing the severity of punishment are ineffective partly because criminals know little about the sanctions for specific crimes. “More severe punishments do not ‘chasten’ individuals convicted of crimes, and prisons may exacerbate recidivism.”[25] Rather than penalty increases, the NIJ emphasizes the need for policies that “increase[] the perception that criminals will be caught and punished” because “[t]he certainty of being caught is a vastly more powerful deterrent than the punishment.” [26]
In a 2014 report, the Little Hoover Commission similarly addressed the disconnect between science and sentencing – that is, “put[ting] away offenders for increasingly longer periods of time, with no evidence that lengthy incarceration, for many, brings any additional public safety benefit.”[27] Accordingly, while this bill guarantees lengthier punishment for repeat impaired drivers and for hit-and-run offenders, it is less clear whether it will effectively prevent impaired driving and hit-and-run behavior. - Argument in Support: According to the Los Angeles County District Attorney’s Office, a co-sponsor of this bill, “SB 907 aims to strengthen California’s DUI and vehicular manslaughter laws, particularly for repeat offenders. The bill proposes several key fixes to existing laws. First, the “Braun’s Law” portion of the bill would ensure that individuals whose DUI charges are dismissed or pled down to a lesser or different charge are advised with a Watson warning of the serious consequences of driving while impaired, which include being charged with second degree murder the next time they drive while intoxicated and kill someone.
“SB 907 also includes two important provisions that address repeat offenders. The bill allows for enhancements for prior felony DUI and vehicular manslaughter convictions upon a new felony conviction for those offenses. It also increases sentencing for committing a hit and run causing death or permanent, serious injury if the driver has a prior DUI or vehicular manslaughter conviction within 10 years.
“Under existing laws, repeat offenders understand that they benefit by running away from their crime. If the individual driving under the influence can delay apprehension until after the drug or alcohol is out of their system, it is likely that they will only be charged with a hit and run.
“SB 907 provides a timely and much needed fix to California’s existing laws addressing drunk driving and vehicular manslaughter. In so doing, SB 907 aims to close loopholes in the law, save lives and make communities safer.”
- Argument in Opposition: According to Smart Justice California, “Smart Justice California believes in effective accountability, however current law already provides significant criminal penalties to address the behavior contemplated by SB 907. Under existing law, a person convicted of vehicular manslaughter can already be punished by up to 10 years in state prison for gross vehicular manslaughter while intoxicated, up to four years in county jail for vehicular manslaughter while intoxicated without gross negligence, and up to six years in state prison for vehicular manslaughter. (Penal Code, §§191.5, subd. (c), 193, subd. (c)(1).) A person convicted of gross vehicular manslaughter with a prior vehicular manslaughter conviction or another enumerated driving under the influence conviction can be punished by a term of 15 years to life in state prison. (Penal Code, §191.5, subd. (d).) And if a person is convicted of murder for killing another person while driving intoxicated, their offense is already considered a “violent felony” under existing law. (Penal Code, §667.5, subd. (c)(1).)
“These and other existing penalties already provide a sufficient range of options for prosecutors and courts to hold people accountable for the offenses contemplated by SB 907. To the extent existing penalties already act as a deterrent, expanding penalties will not increase their deterrent value. Research has shown that certainty of punishment has a greater deterrent effect than the severity of the punishment itself…
“Existing data does not correlate increased penalties with reduced impaired driving fatality rates. In states where DUIs can be charged as felonies, there is no significant correlation with reductions in alcohol-impaired-driving fatality. The National Judicial College supports a treatment-based approach for DUIs, stating that “punishment, unaccompanied by treatment and accountability, is an ineffective way to prevent recidivism and habilitate the offenders...The outcome for the offender is continued dependence on alcohol or drugs, and the community, continued peril.” For example, states with treatment programs, such as New York’s Drug Treatment Alternative-to-Prison program showed a significant and profound reduction in recidivism…
“SB 907 significantly undermines judicial discretion by mandating a “one size fits all” form of justice. The bill removes a judge’s discretion to consider the facts of a hit-and-run case and instead compels a felony charge, sidelining judicial expertise in favor of a broad penalty that risks counterproductive outcomes. The American Bar Association explains that nationally, people who get a repeat DUI conviction (approximately 33%), “will carry on reoffending until the reasons for their continued criminal activity [are] properly addressed...[We] can promote the reduction in recidivism by taking the treatment court principles and evidence-based strategies... in our regular dockets.”
- Related Legislation:
- AB 1546 (Schultz) would increase the punishment for a DUI with two priors from a misdemeanor to a wobbler and the punishment for a DUI with four or more priors from a wobbler to a straight felony. AB 1546 is pending a hearing in Senate Appropriations.
- AB 1588 (Stefani) would establish new criminal penalties for engaging in an exhibition of speed, where the violation occurred as part of a sideshow, and expand the definition of a sideshow. AB 1588 is pending a hearing in Senate Public Safety.
- AB 1605 (Ransom) would have required a person convicted of specified impaired driving offenses, who is granted probation, to be prohibited from purchasing alcohol for a period of at least one year, as a condition of probation. AB 1605 was held in Assembly Appropriations.
- AB 1662 (Wilson) would require the court, when it grants diversion to a defendant who would have had an abstract of record forwarded to the DMV if they had been convicted, to instead direct the prosecuting attorney to ensure the arresting agency provides notice to DMV of the arrest or incident. AB 1662 is pending a hearing in Senate Appropriations.
- AB 1685 (Lackey) would increase the number of points that must be added to a person’s driving record, from two to three, for gross vehicular manslaughter while intoxicated. AB 1685 is pending a hearing in Senate Transportation.
- AB 1686 (Lackey) would increase the punishment for a DUI with one prior, and a DUI with two priors, from a misdemeanor to a wobbler. AB 1686 failed passage in this Committee.
- AB 1687 (Lackey) would authorize the DMV to revoke a person’s driver's license for eight years if they are convicted of three or more specified impaired driving offenses within a ten-year period. AB 1687 is pending a hearing in Senate Transportation.
- AB 1747 (Sanchez) would have increased the punishment for the crime of intoxicated vehicular manslaughter without gross negligence from a wobbler to a straight felony. AB 1747 failed passage in this Committee.
- AB 1814 (Alanis) would have required specified officers assigned to traffic enforcement to complete a course of training on detecting and apprehending impaired drivers within one year of their assignment to traffic enforcement, and every two years thereafter. AB 1814 was held in the Assembly Appropriations Committee.
- AB 1830 (Petrie-Norris) would require, rather than authorize, a court to order an IID for a first-time DUI conviction that does not cause bodily injury, and make permanent certain provisions of the IID pilot program currently in place. AB 1830 is pending a hearing in Senate Public Safety.
- AB 1867 (Tangipa) would have required a person convicted of three or more specified impaired driving offenses within ten years who is sentenced to state prison to be prohibited from purchasing alcoholic beverages for life. The hearing on this bill was cancelled at the request of the author.
- AB 1874 (Wilson) would have provided that if a person is convicted of specified crimes that require the DMV to revoke their driving privileges for three years and the person is imprisoned as a result of the conviction, the DMV shall not reinstate their driving privileges until three years after their release from confinement or imprisonment. AB 1874 was held in Assembly Appropriations.
- AB 2276 (Soria) would have required the DMV to establish a statewide pilot program that requires a person convicted of specified speeding offenses to install a functioning, certified active intelligent speed assistance (ISA) device on any vehicle that person operates. AB 2276 was held in Assembly Appropriations.
- AB 2328 (Alanis) would have increased the punishment for a hit and run that results in death from a wobbler with a maximum punishment of two, three, or four years in state prison, to a wobbler with a maximum punishment of three, four, or five years in state prison. AB 2328 was held in the Assembly Appropriations Committee.
- AB 2502 (Pellerin) would specify that for purposes of impaired driving crimes, “drive” includes the volitional movement of a vehicle with specified levels of driving automation, as defined. AB 2502 is pending a hearing in Senate Public Safety.
- SB 953 (Niello) would require two points to be assessed to the driving record of a person for specified vehicular manslaughter crimes, even when the case was dismissed because the defendant completed court-initiated misdemeanor diversion. SB 953 is pending a hearing in Senate Transportation.
- SB 1198 (Menjivar) would lengthen the license suspensions that apply to reckless driving, among other changes. SB 1198 is pending a hearing in Assembly Appropriations.
- Prior Legislation:
- AB 1281 (DeMaio), of the 2025-2026 Legislative Session, would have increased the punishment for a hit and run resulting in death or serious injury from a wobbler to a felony punishable by seven, eight, or nine years in state prison. AB 1281 failed passage in this committee.
- AB 1067 (Patterson), of the 2023-2024 Legislative Session, would have increased the penalties for fleeing the scene of an accident resulting in the death of another person from a wobbler with a maximum punishment of four years in state prison, to a wobbler with a maximum punishment of six years in state prison. AB 1067 was held in the Assembly Appropriations Committee.
- AB 582 (Patterson), of the 2021-2022 Legislative Session, was substantially similar to AB 1067 (Patterson) of the 2023-2024 Legislative Session. AB 582 was held in the Assembly Appropriations Committee.
- AB 401 (Flora), of the 2019-2020 Legislative Session, would have made a DUI conviction that occurs within 10 years after four or more previous specified convictions, only punishable as a felony, among other changes. AB 401 failed passage in this Committee.
- AB 2014 (E. Garcia), of the 2017-2018 Legislative Session, would have increased the penalty for fleeing the scene of an accident resulting in death or serious bodily injury from two, three, or four years in state prison to two, four, or six years in state prison. The hearing on AB 2014 in this committee was canceled at the request of the author.
- AB 2605 (Bogh), of the 2005-2006 Legislative Session, would have increased the penalty for a person convicted of a third DUI offense within 10 years from a misdemeanor to a wobbler, among other changes. AB 2605 failed passage in this Committee. a
REGISTERED SUPPORT / OPPOSITION:
Support
Safety and Advocacy for Empowerment (SAFE) (Co-Sponsor)
American Medical Response West
Arcadia Police Officers' Association
Association for Los Angeles Deputy Sheriffs
Brea Police Association
Burbank Police Officers' Association
California Association of Highway Patrolmen
California Association of School Police Chiefs
California Coalition of School Safety Professionals
California Consortium of Addiction Programs and Professionals
California Contract Cities Association
California District Attorneys Association
California Narcotic Officers' Association
California Peace Officers Association
California Police Chiefs Association
California Reserve Peace Officers Association
California State Sheriffs' Association
City of Los Angeles, Council District 11
City of Norwalk
City of Pico Rivera
Claremont Police Officers Association
Corona Police Officers Association
County of Fresno
County of Orange
Culver City Police Officers' Association
Fullerton Police Officers' Association
League of California Cities
Los Angeles County District Attorney's Office
Los Angeles County Sheriff's Department
Los Angeles School Police Management Association
Los Angeles School Police Officers Association
Mothers Against Drunk Driving
Murrieta Police Officers' Association
Newport Beach Police Association
Norwalk; City of
Orange County District Attorney
Palos Verdes Police Officers Association
Peace Officers Research Association of California (PORAC)
Placer County Deputy Sheriffs' Association
Pomona Police Officers' Association
Riverside County District Attorney
Riverside Police Officers Association
Riverside Sheriffs' Association
San Francisco Bay Area Families for Safe Streets
Streets are for Everyone
Streets for All
Walk San Francisco Foundation
Opposition
A New Path
ACLU California Action
All of US or None (HQ)
California Attorneys for Criminal Justice
California Public Defenders Association
Californians United for a Responsible Budget
Courage California
Ella Baker Center for Human Rights
Felony Murder Elimination Project
Friends Committee on Legislation of California
Initiate Justice
Justice2jobs Coalition
LA Defensa
Legal Services for Prisoners With Children
Local 148 Los Angeles County Public Defender's Union
Rubicon Programs
San Francisco Public Defender
Smart Justice California, a Project of Beyond Impact
Vera Institute of Justice
Analysis Prepared by: Ilan Zur / PUB. S. / (916) 319-3744
For purposes of this analysis, a “DUI” refers to a DUI punishable under Vehicle Code section 23152 that does not cause bodily injury. “A DUI causing bodily injury” to another is punished separately under Vehicle Code section 23153. ↑
For purposes of this analysis and unless otherwise specified, a “prior” means a separate DUI conviction under Vehicle Code sections 23152 (DUI), 23153 (DUI causing bodily injury), or a “wet reckless” conviction under 23103.5 (plea to reckless driving in satisfaction of an original DUI charge) that occurred within 10 years of the current violation. (See e.g., Veh. Code, § 23550, subd. (a).) ↑
A wet reckless conviction occurs where the prosecution agrees to a plea to a charge of reckless driving under Vehicle Code 23103, in satisfaction of, or as a substitute for, an original DUI charge, as specified. (Veh. Code, § 23103.5.) ↑
Only if the offense involved alcohol. ↑
OTS, California Annual Report: Fiscal Year 2024, p. 30, (2024) ,https://www.ots.ca.gov/wp-content/uploads/sites/67/2025/09/FY-2024-Annual-Report-Final-7.31-ALT-TEXT.pdf [as of June 25, 2026]. ↑
OTS, California’s Annual Report 2018, p. 11, (2018) < https://www.ots.ca.gov/wp-content/uploads/sites/67/2019/06/2018-Annual-Report.pdf> [as of June 25, 2026]. OTS, California Traffic Safety Quick Stats (accessed February 4, 2026) <https://www.ots.ca.gov/ots-and-traffic-safety/score-card/> [as of June 25, 2026]. ↑
OTS, California’s Annual Report 2018, at p. 11; OTS, 2025 Traffic Safety Fact Sheet: Alcohol-Impaired and Alcohol-Involved Driving (2025) <https://safetrec.berkeley.edu/2025-safetrec-traffic-safety-facts-alcohol-impaired-and-alcohol-involved-driving> [as of June 25, 2026]. ↑
OTS, California’s Annual Report 2018, at p. 11; OTS, 2025 Traffic Safety Fact Sheet: Occupant Protection and Child Passenger Safety (2025) <https://safetrec.berkeley.edu/2025-safetrec-traffic-safety-facts-occupant-protection-and-child-passenger-safety> [as of June 25, 2026]. ↑
OTS, California’s Annual Report 2018, at p. 11; OTS, 2025 Traffic Safety Fact Sheet: Pedestrian Safety (2025) <https://safetrec.berkeley.edu/2025-safetrec-traffic-safety-facts-pedestrian-safety> [as of June 25, 2026]. ↑
OTS, California’s Annual Report 2018, at p. 11; OTS, 2025 Traffic Safety Fact Sheet: Speeding-Related and Other Crashes (2025) <https://safetrec.berkeley.edu/2025-safetrec-traffic-safety-facts-speeding-related-and-other-crashes> [as of June 25, 2026]. ↑
OTS, California’s Annual Report 2018, at p. 11; OTS, 2025 Traffic Safety Fact Sheet: Motorcycle Safety (2025) <https://safetrec.berkeley.edu/2025-safetrec-traffic-safety-facts-motorcycle-safety> [as of June 25, 2026]. ↑
OTS, California Annual Report: Fiscal Year 2024, at p. 8 ↑
OTS, California Traffic Safety Quick Stats (accessed February 4, 2026) <https://www.ots.ca.gov/ots-and-traffic-safety/score-card/> [as of June 25, 2026]. ↑
Ibid. ↑
State of California DMV, DUI Summary Statistics (accessed February 3, 2026) <https://www.dmv.ca.gov/portal/dmv-research-reports/research-development-data-dashboards/dui-management-information-system-dashboards/dui-summary-statistics/> [as of June 25, 2026]. ↑
Ibid. ↑
Ibid. ↑
Ibid. ↑
Ibid. ↑
State of California DMV, DUI Summary Statistics (accessed February 3, 2026) <https://www.dmv.ca.gov/portal/dmv-research-reports/research-development-data-dashboards/dui-management-information-system-dashboards/dui-summary-statistics/> [as of June 25, 2026]. ↑
Ibid. ↑
DMV, 32nd Annual Report of the California Dui Management Information System (2025), at p. 6 <https://www.dmv.ca.gov/portal/uploads/2025/10/32nd-Annual-Report-of-the-California-DUI-Managment-Information-System.pdf> [as of June 25, 2026]. ↑
A wet reckless plea is only considered a prior if the prosecution’s statement states that the defendant consumed alcohol or ingested a drug in connection with the offense. (Veh. Code, § 23103.5, subd. (c).) ↑
(Assem. Com. on Pub. Safety, Analysis of Assem. Bill No. 2173 (2003-2004 Reg. Sess.) as introduced February 18, 2004, p. 4.) ↑
National Institute of Justice, U.S. Department of Justice, Five Things about Deterrence (June 5, 2016) <https://nij.ojp.gov/topics/articles/five-things-about-deterrence> [as of June 25, 2026]. ↑
Ibid. ↑
Little Hoover Commission, Sensible Sentencing for a Safer California (Feb. 2014) at p. 4 <https://lhc.ca.gov/wp-content/uploads/Reports/219/Report219.pdf> [as of June 25, 2026]. ↑
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | SB 907 |
THIRD READING
Bill No: SB 907
Author: Archuleta (D), et al.
Amended: 5/14/26
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 6-0, 4/7/26
AYES: Arreguín, Seyarto, Caballero, Cortese, Pérez, Wiener
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/14/26
AYES: Cervantes, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab
SUBJECT: Driving under the influence and other driving offenses: comprehensive reform
SOURCE: CA Safe Roads Coalition
Los Angeles County District Attorney
Mothers Against Drunk Driving
Orange County District Attorney
DIGEST:
This bill 1) creates mandatory sentences for hit and run causing injury or death when the defendant has a prior conviction within the previous 10 years for DUI, gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, or gross vehicular manslaughter; 2) requires imprisonment in the state prison or county jail for up to one year for hit and run causing damage to property within 10 years of a separate conviction for DUI, gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, or gross vehicular manslaughter; 3) creates a mandatory 3-year enhancement for each prior separate conviction that occurred within the previous 10 years for felony DUI, DUI with no injury and with three or more priors, DUI with injury and specified priors, gross vehicular manslaughter while intoxicated, or vehicular manslaughter while intoxicated, when a person is convicted of any one of those offenses; and 4) expands application of the Watson advisement to apply in cases where DUI with no injury is dismissed or the defendant pleads not guilty or no contest to a different or lesser offense instead.
ANALYSIS:
Existing law:
- Makes it unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, or who has 0.08 percent or more, by weight, of alcohol (BAC) in their blood, to drive a vehicle (hereafter, “DUI”). (Vehicle (Veh.) Code, § 23152, subds. (a), (b), (f), & (g).)
- Establishes graduated penalties for a first DUI, DUI with one prior, DUI with two priors, and DUI with three or more priors, including jail time, fines, ignition interlock device (IID) installation, license suspension or revocation, and completion of a DUI program. (Veh. Code, §§ 13352, 13352.1, 23538, 23540, 23542, 23546, 23550, 23552, 23548, 23575.3.)
- Requires a 10-year license revocation if a person has been convicted of three or more DUIs or DUIs causing bodily injury, the last of which was punishable as a DUI or DUI causing bodily injury with two priors, a DUI with three or more priors, or as an alternate-felony misdemeanor because of a prior specified felony. (Veh. Code, § 23597, subd. (a).)
- Makes it unlawful for any person who is under the influence of any alcoholic beverage or drug, or the combined influence of the two, or who has a BAC of .08 or more, to drive a vehicle, and concurrently do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which proximately causes bodily injury to any person other than the driver (hereafter, “DUI causing bodily injury.”) (Veh. Code, § 23153 subds. (a), (f), & (g).)
- Establishes graduated penalties for a first DUI causing bodily injury, DUI causing bodily injury with one prior, and DUI causing bodily injury with two or more priors, including jail or prison time, fines, IID installation, license suspension or revocation, and completion of a DUI program. (Veh. Code, §§ 13352, 23554, 23556, 23560, 23562, 23566, 23568, 23575.3.)
- Provides that a person who proximately causes bodily injury or death to more than one victim in any one instance that results in a felony conviction of a DUI causing bodily injury, gross vehicular manslaughter while intoxicated, or vehicular manslaughter while intoxicated, shall receive a one-year sentence enhancement in state prison for each additional victim injured (maximum of three). (Veh. Code, § 23558.)
- Punishes a person convicted of a DUI causing bodily injury, where the violation proximately causes great bodily injury to any person other than the driver, and the offense occurred within 10 years of two or more priors, as a felony by imprisonment for two, three, or four years in state prison, a $1,015 to $5,000 fine, and a five-year license revocation (Veh. Code, §§ 23566, subd. (b), 13352 subd. (a)(6).)
- Makes any DUI or DUI causing bodily injury (hereafter, “any DUI”) an alternate felony-misdemeanor if that person has previously been convicted of certain impaired driving crimes:
- Punishes a person convicted of any DUI within 10 years of specified felonies – a DUI with three or more priors, a DUI causing bodily injury, or gross vehicular manslaughter – as an alternate-felony misdemeanor, a $390 to $1,000 fine, a four- or five-year license revocation (including a three-year designation as a habitual traffic offender ), and a three- or four-year IID mandate. (Veh. Code, §§ 13352, subd. (a)(6)-(7); 23550.5, subds. (a), (c) & (d); 23575.3, subd. (h)(1)-(2).)
- Punishes a person convicted of any DUI, who has a prior conviction for felony vehicular manslaughter while intoxicated, as an alternate felony-misdemeanor, a fine of $390 to $1,000, a four- or five-year license revocation, and a three- or four-year IID mandate. (Veh. Code, §§ 13352 subd. (a)(6)-(7); 23550.5, subds. (b), (c) & (d); 23575.3, subd. (h)(1)-(2).)
- Requires the court, if a person is convicted of a DUI or a DUI causing bodily injury, to consider a BAC of .15 percent or more, or a person’s refusal to take a breath or urine test, as a special factor that may justify enhancing the penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation. (Veh. Code, § 23578.)
- Requires a court to advise a person convicted of a DUI or a DUI causing bodily injury, or who pleads to a reckless driving conviction in satisfaction of, or as a substitute for an original DUI charge, of the following: “You are hereby advised that being under the influence of alcohol or drugs, or both, impairs your ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If you continue to drive while under the influence of alcohol or drugs, or both, and, as a result of that driving, someone is killed, you can be charged with murder.” (Veh. Code, § 23593, subd. (a).)
- Requires the prosecutor, if the prosecution agrees to a plea of guilty or no contest to reckless driving in satisfaction of, or as a substitute for, an original charge of a DUI—also known as a wet reckless—to state for the record a factual basis for the satisfaction or substitution, including whether or not there had been consumption of an alcoholic beverage or ingestion or administration of a drug, or both, by the defendant in connection with the offense. Provides that a wet reckless is punishable by imprisonment in a county jail for 5 to 90 days, or by a fine of $145-1,000, or both. (Veh. Code, §§ 23103, subd. (c), 23103.5, subd. (a).)
- Provides that 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 driving under the influence, 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. Provides that gross vehicular manslaughter while intoxicated is punishable by imprisonment in the state prison for 4, 6, or 10 years. (Pen. Code, § 191.5, subds. (a), (c).)
- Provides that when a defendant has one or more prior convictions for gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, gross vehicular manslaughter, or DUI (with or without injury), the punishment for gross vehicular manslaughter while intoxicated is imprisonment in the state prison for a term of 15 years-to-life. (Pen. Code, § 191.5, subd. (d).)
- Provides that 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 driving under the influence, 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. Provides that vehicular manslaughter while intoxicated is punishable by imprisonment in a county jail for not more than one year, or imprisonment in the county jail for 16 months, 2 years, or 4 years. (Pen. Code, § 191.5, subd. (b).)
- Defines gross vehicular manslaughter as driving a vehicle in the commission of an unlawful act, not amounting to a felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence, except as provided. Provides that this type of vehicular manslaughter 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. (Pen. Code, §§ 192, subd. (c)(1), 193, subd. (c).)
- Requires the driver of a vehicle involved in an accident resulting only in damage to property, including vehicles, to immediately stop at the nearest location that will not impede traffic or jeopardize the safety of others. Provides that failure to comply with these requirements is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding $1,000, or both. (Veh. Code, § 20002, subds. (a), (c).)
- Requires the driver of a vehicle involved in an accident that results in injury to or the death of another person to immediately stop at the scene of the accident. Provides that a violation is punishable by imprisonment in the state prison, or in a county jail for not more than one year, or by a fine of $1,000 to $10,000, or both. (Veh. Code, § 20001, subds. (a), (b)(1).)
- Provides that if the accident results in death or permanent, serious injury (i.e., the loss or permanent impairment of function of a bodily member or organ), a violation is punishable by imprisonment in the state prison for two, three, or four years, or in a county jail for between 90 days to one year, or by a fine of $1,000 to $10,000, or both. (Veh. Code, § 20001, subd. (b)(2).)
- Provides that if a person flees the scene of an accident after committing a vehicular manslaughter, vehicular manslaughter while intoxicated, or gross vehicular manslaughter while intoxicated, the punishment is an additional term of five years imprisonment in the state prison consecutive to the term imposed for the underlying conviction. (Veh. Code, § 20001, subd. (c).)
This bill:
- Creates mandatory sentences for hit and run offenses causing injury or death when the defendant has a prior conviction for wet reckless, DUI, gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, or gross vehicular manslaughter within the prior 10 years.
- Requires imprisonment in the state prison or in a county jail for not more than one year for hit and run causing damage to property within 10 years of a separate conviction for wet reckless, DUI, gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, or gross vehicular manslaughter.
- Creates a 3-year mandatory enhancement for each prior separate conviction of felony DUI, DUI with no injury and with three or more priors, DUI with bodily injury and specified priors, gross vehicular manslaughter while intoxicated, or vehicular manslaughter while intoxicated person, if the person was sentenced to prison or to serve the felony conviction in county jail, and the conviction occurred within the prior 10 years, and the current conviction is for one of those offenses.
- Expands the application of the Watson advisement to apply in cases where DUI with no injury is dismissed or the defendant pleads not guilty or no contest to a different or lesser offense instead. Provides that this provision is known as Braun’s Law.
Comments
This bill has several components that are generally designed to increase criminal penalties related to DUIs. First, this bill creates mandatory sentences when the hit and run offense occurs within 10 years of a separate conviction for wet reckless, DUI (with or without bodily injury), gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, or gross vehicular manslaughter. This bill additionally requires either imprisonment in the state prison or in a county jail for not more than one year, if a hit and run offense (not causing injury) occurs within 10 years of a separate conviction for wet reckless, DUI (with or without bodily injury), gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, or gross vehicular manslaughter.
This bill also creates a mandatory 3-year enhancement for each prior separate conviction of felony DUI, DUI with no injury and with three or more priors, DUI with bodily injury and specified priors, gross vehicular manslaughter while intoxicated, or vehicular manslaughter while intoxicated person, if the person was sentenced to prison or to serve the felony conviction in county jail, and the conviction occurred within the prior 10 years, and the current conviction is for one of those offenses. Finally, this bill expands the application of the Watson advisement to apply in cases where DUI with no injury is dismissed or the defendant pleads not guilty or no contest to a different or lesser offense instead.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
Implementation will require the Department of Motor Vehicles (DMV) to make modifications to its core legacy information technology systems to create new court suspensions and update driving records accordingly. DMV is undertaking an Enterprise Modernization Project (EMP) and resources are fully committed to the project. Coordinating implementation of this bill within the project could delay implementation and/or increase costs by requiring the services needed to be built outside the core legacy system. However, this bill may not impose new DMV automation costs to the extent the penalties imposed do not require significant changes to a defendant’s driving record that cannot be accommodated within the EMP.
The Motor Vehicle Account (MVA), the primary funding account for the DMV and the California Highway Patrol is facing insolvency. The LAO has noted that, “Until a plan is put in place to address MVA’s structural deficit, we recommend the Legislature set a high bar for considering approval of any proposals that create additional MVA cost pressures and accelerate the risk of insolvency.” The proposed Governor’s 2026-2027 Budget currently projects that the MVA will be insolvent as soon as 2028-29.
Unknown, potentially significant cost pressure to the state funded trial court system (Trial Court Trust Fund, General Fund) to adjudicate the new crime created by this bill. Certain rights to the defendants are attached to criminal proceedings, including the right to a jury trial and the right to counsel (at public expense if the defendants are unable to afford the costs of representation) and creating new felonies, with increased penalties, could lead to lengthier and more complex court proceedings with attendant workload and resource costs to the court. The fiscal impact of this bill to the courts will depend on many unknown factors, including the numbers of violations alleged to have occurred and the factors unique to each case. An eight-hour court day costs approximately $10,500 in staff in workload. If the bill results in only 12 or more days spent in court, trial court costs could be in the hundreds of thousands of dollars. While the courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources and to increase the amount appropriated to backfill for trial court operations.
Costs to the counties and the California Department of Corrections and Rehabilitation (CDCR) to incarcerate people convicted of this new offense. Actual incarceration costs will depend on the number of convictions, the length of each sentence, and whether each sentence must be served in county jail or state prison. The average annual cost to incarcerate one person in county jail ranges up to $80,000. CDCR estimates the average 2026-27 cost to incarcerate one person in state prison is $139,000. Although county incarceration costs are generally not considered reimbursable state mandates pursuant to Proposition 30 (2012), overcrowding in county jails creates cost pressure on the General Fund because the state has historically granted new funding to counties to offset overcrowding resulting from 2011 public safety realignment (local funds, General Fund).
SUPPORT: (Verified 5/14/26)
CA Safe Roads Coalition (co-source)
Los Angeles County District Attorney (co-source)
Mothers Against Drunk Driving (co-source)
Orange County District Attorney (co-source)
American Medical Response West
Arcadia Police Officers’ Association
Association for Los Angeles Deputy Sheriffs
Brea Police Association; Burbank Police Officers’ Association
California Association of Highway Patrolmen
California Association of School Police Chiefs
California Coalition of School Safety Professionals
California Consortium of Addiction Programs and Professionals
California Contract Cities Association
California District Attorneys Association
California Narcotic Officers’ Association
California Peace Officers Association
California Police Chiefs Association
California Reserve Peace Officers Association
California State Sheriffs’ Association
City of Pico Rivera
Claremont Police Officers Association
Corona Police Officers Association
County of Orange
Culver City Police Officers’ Association
Fullerton Police Officers’ Association
League of California Cities
Los Angeles School Police Management Association
Los Angeles School Police Officers Association
Murrieta Police Officers’ Association
Newport Beach Police Association
Palos Verdes Police Officers Association
Peace Officers Research Association of California
Placer County Deputy Sheriffs’ Association
Pomona Police Officers’ Association
Riverside County District Attorney
Riverside Police Officers Association
Riverside Sheriffs’ Association
Streets are for Everyone
Streets for All
Walk San Francisco Foundation
Over 60 individuals
OPPOSITION: (Verified 5/14/26)
California Attorneys for Criminal Justice
California Public Defenders Association
Californians United for a Responsible Budget
Ella Baker Center for Human Rights
Friends Committee on Legislation of California
Initiate Justice
Justice2Jobs Coalition
La Defensa
Los Angeles County Public Defender’s Union, Local 148
San Francisco Public Defender
Smart Justice California
Prepared by: Stephanie Jordan / PUB. S. /
5/18/26 15:03:46
**** END ****
SENATE COMMITTEE ON
Senator Sabrina Cervantes, Chair
2025 - 2026 Regular Session
SB 907 (Archuleta) - Driving under the influence and other driving offenses: comprehensive reform
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
SB 907 would reform sentences for driving under the influence and other driving offenses.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on May 14, 2026
Fiscal Impact:
> Implementation will require the Department of Motor Vehicles (DMV) to make modifications to its core legacy information technology systems to create new court suspensions and update driving records accordingly. DMV is undertaking an Enterprise Modernization Project (EMP) and resources are fully committed to the project. Coordinating implementation of this bill within the project could delay implementation and/or increase costs by requiring the services needed to be built outside the core legacy system. However, this bill may not impose new DMV automation costs to the extent the penalties imposed do not require significant changes to a defendant’s driving record that cannot be accommodated within the EMP.
The Motor Vehicle Account (MVA), the primary funding account for the DMV and the California Highway Patrol is facing insolvency. The LAO has noted that, “Until a plan is put in place to address MVA’s structural deficit, we recommend the Legislature set a high bar for considering approval of any proposals that create additional MVA cost pressures and accelerate the risk of insolvency.” The proposed Governor’s 2026-2027 Budget currently projects that the MVA will be insolvent as soon as 2028-29.
Unknown, potentially significant cost pressure to the state funded trial court system (Trial Court Trust Fund, General Fund) to adjudicate the new crime created by this bill. Certain rights to the defendants are attached to criminal proceedings, including the right to a jury trial and the right to counsel (at public expense if the defendants are unable to afford the costs of representation) and creating new felonies, with increased penalties, could lead to lengthier and more complex court proceedings with attendant workload and resource costs to the court. The fiscal impact of this bill to the courts will depend on many unknown factors, including the numbers of violations alleged to have occurred and the factors unique to each case. An eight-hour court day costs approximately $10,500 in staff in workload. If the bill results in only 12 or more days spent in court, trial court costs could be in the hundreds of thousands of dollars. While the courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources and to increase the amount appropriated to backfill for trial court operations.
Costs to the counties and the California Department of Corrections and Rehabilitation (CDCR) to incarcerate people convicted of this new offense. Actual incarceration costs will depend on the number of convictions, the length of each sentence, and whether each sentence must be served in county jail or state prison. The average annual cost to incarcerate one person in county jail ranges up to $80,000. CDCR estimates the average 2026-27 cost to incarcerate one person in state prison is $139,000. Although county incarceration costs are generally not considered reimbursable state mandates pursuant to Proposition 30 (2012), overcrowding in county jails creates cost pressure on the General Fund because the state has historically granted new funding to counties to offset overcrowding resulting from 2011 public safety realignment (local funds, General Fund).
Author Amendments:
Amend to add coauthors.
Committee Amendments:
Amend to strike Sections 1 and 2 (Penal Codes 667.5 and 1170.16).
-- END --
SENATE COMMITTEE ON
Senator Sabrina Cervantes, Chair
2025 - 2026 Regular Session
SB 907 (Archuleta) - Driving under the influence and other driving offenses: comprehensive reform
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
SB 907 would reform sentences for driving under the influence and other driving offenses.
Fiscal Impact:
Implementation will require the Department of Motor Vehicles (DMV) to make modifications to its core legacy information technology systems to create new court suspensions and update driving records accordingly. DMV is undertaking an Enterprise Modernization Project (EMP) and resources are fully committed to the project. Coordinating implementation of this bill within the project could delay implementation and/or increase costs by requiring the services needed to be built outside the core legacy system. However, this bill may not impose new DMV automation costs to the extent the penalties imposed do not require significant changes to a defendant’s driving record that cannot be accommodated within the EMP.
The Motor Vehicle Account (MVA), the primary funding account for the DMV and the California Highway Patrol is facing insolvency. The LAO has noted that, “Until a plan is put in place to address MVA’s structural deficit, we recommend the Legislature set a high bar for considering approval of any proposals that create additional MVA cost pressures and accelerate the risk of insolvency.” The proposed Governor’s 2026-2027 Budget currently projects that the MVA will be insolvent as soon as 2028-29.
Unknown, potentially significant cost pressure to the state funded trial court system (Trial Court Trust Fund, General Fund) to adjudicate the new crime created by this bill. Certain rights to the defendants are attached to criminal proceedings, including the right to a jury trial and the right to counsel (at public expense if the defendants are unable to afford the costs of representation) and creating new felonies, with increased penalties, could lead to lengthier and more complex court proceedings with attendant workload and resource costs to the court. The fiscal impact of this bill to the courts will depend on many unknown factors, including the numbers of violations alleged to have occurred and the factors unique to each case. An eight-hour court day costs approximately $10,500 in staff in workload. If the bill results in only 12 or more days spent in court, trial court costs could be in the hundreds of thousands of dollars. While the courts are not funded on a workload basis, an increase in workload could result in delayed court services and would put pressure on the General Fund to fund additional staff and resources and to increase the amount appropriated to backfill for trial court operations.
Costs to the counties and the California Department of Corrections and Rehabilitation (CDCR) to incarcerate people convicted of this new offense. Actual incarceration costs will depend on the number of convictions, the length of each sentence, and whether each sentence must be served in county jail or state prison. The average annual cost to incarcerate one person in county jail ranges up to $80,000. CDCR estimates the average 2026-27 cost to incarcerate one person in state prison is $139,000. Although county incarceration costs are generally not considered reimbursable state mandates pursuant to Proposition 30 (2012), overcrowding in county jails creates cost pressure on the General Fund because the state has historically granted new funding to counties to offset overcrowding resulting from 2011 public safety realignment (local funds, General Fund).
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Jesse Arreguín, Chair
2025 - 2026 Regular
Bill No: SB 907 Hearing Date: April 7, 2026
Author: | Archuleta | ||
Version: | January 22, 2026 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | SJ | ||
Subject: Driving under the influence and other driving offenses: comprehensive reform
HISTORY
Source: Orange County District Attorney
Los Angeles County District Attorney
Mothers Against Drunk Driving
CA Safe Roads Coalition
Prior Legislation: SB 81 (Skinner), Ch. 721, Stats. of 2021
SB 136 (Wiener), Ch. 590, Stats. of 2019
SB 1393 (Mitchell), Ch. 1013, Stats. of 2018
SB 620 (Bradford), Ch. 682, Stats. of 2018
SB 180 (Mitchell), Ch. 677, Stats. of 2017
Proposition 36, as approved by the voters on November 6, 2012
AB 678 (Gaines), Ch. 747, Stats. of 2007
AB 2173 (Parra), Ch. 502, Stats. of 2004
Proposition 21, as approved by the voters on March 7, 2000
SB 1186 (Comm. on Public Safety), Ch. 118, Stats. of 1998
AB 1137 (Baldwin), Ch. 421, Stats. of 1996
Proposition 184, as approved by the voters on November 8, 1994
AB 941 (Jones), Ch. 12, Stats. of 1994
Support: American Medical Response West; Arcadia Police Officers’ Association; Association for Los Angeles Deputy Sheriffs; Brea Police Association; Burbank Police Officers’ Association; California Association of Highway Patrolmen; California Association of School Police Chiefs; California Coalition of School Safety Professionals; California Consortium of Addiction Programs and Professionals; California Contract Cities Association; California District Attorneys Association; California Narcotic Officers’ Association; California Peace Officers Association; California Reserve Peace Officers Association; California State Sheriffs’ Association; City of Pico Rivera; Claremont Police Officers Association; Corona Police Officers Association; County of Orange; Culver City Police Officers’ Association; Fullerton Police Officers’ Association; League of California Cities; Los Angeles School Police Management Association; Los Angeles School Police Officers Association; Murrieta Police Officers’ Association; Newport Beach Police Association; Palos Verdes Police Officers Association; Peace Officers Research Association of California; Placer County Deputy Sheriffs’ Association; Pomona Police Officers’ Association; Riverside County District Attorney; Riverside Police Officers Association; Riverside Sheriffs’ Association; Streets for All
Opposition: ACLU California Action; California Attorneys for Criminal Justice; California Public Defenders Association; Californians United for a Responsible Budget; Ella Baker Center for Human Rights; Friends Committee on Legislation of California; Initiate Justice; Justice2Jobs Coalition; La Defensa; Los Angeles County Public Defender’s Union, Local 148; San Francisco Public Defender; Smart Justice California
PURPOSE
The purpose of this bill is to: 1) add gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, and gross vehicular manslaughter to the violent felony list; 2) allow for full, separate, and consecutive terms for each violation of gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, and gross vehicular manslaughter; 3) create mandatory sentences for hit and run causing injury or death when the defendant has a prior conviction within the previous 10 years for DUI, gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, or gross vehicular manslaughter; 4) require imprisonment in the state prison or county jail for up to one year for hit and run causing damage to property within 10 years of a separate conviction for DUI, gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, or gross vehicular manslaughter; 5) create a mandatory 3-year enhancement for each prior separate conviction that occurred within the previous 10 years for felony DUI, DUI with no injury and with three or more priors, DUI with injury and specified priors, gross vehicular manslaughter while intoxicated, or vehicular manslaughter while intoxicated, when a person is convicted of any one of those offenses; and 6) expand application of the Watson advisement to apply in cases where DUI with no injury is dismissed or the defendant pleads not guilty or no contest to a different or lesser offense instead.
Existing law enumerates the felonies considered “violent.” Provides that the following are violent felonies: murder or voluntary manslaughter; mayhem; rape, as defined; sodomy, as defined; oral copulation, as defined; lewd or lascivious act, as defined; any felony punishable by death or imprisonment in the state prison for life; any felony in which the defendant inflicts great bodily injury on a person other than an accomplice; any robbery; arson; sexual penetration, as defined; attempted murder; explosion or attempted explosion of a destructive device with the intent to commit murder; explosion or ignition of any destructive device or any explosive which causes bodily injury to any person; explosion of a destructive device which causes death or great bodily injury; kidnapping; assault with the intent to commit mayhem, rape, sodomy or oral copulation; continuous sexual abuse of a child; carjacking, as defined; rape or sexual penetration, in concert; extortion which would constitute a felony violation of the gang statute; threats to victims or witnesses which would constitute a felony violation of the gang statute; any first degree burglary; use of a firearm during the commission of specified crimes; possession, development, production, and transfers of weapons of mass destruction; and rape, wherein it is pleaded and proved that the defendant caused the intoxication by administering a controlled substance to the victim without their consent and with the intent to sexually assault the victim. (Pen. Code, § 667.5, subd. (c).)
Existing law requires the court to impose a three-year sentence enhancement, in addition to and consecutive to any other prison terms, for each prior separate prison term served by the defendant when the prior offense was a violent felony and if one of the new offenses is a violent felony. Prohibits an additional term from being imposed for any prison term served prior to a period of 10 years in which the defendant remained free of both prison custody and the commission of an offense that results in a felony conviction. (Pen. Code § 667.5, subd. (a).)
Existing law enumerates the felonies considered “serious.” Provides that the following are serious felonies: murder or voluntary manslaughter; mayhem; rape; sodomy by force, violence, duress, menace, or threat or fear of bodily injury; oral copulation by force, violence, duress, menace or threat or fear of bodily injury; lewd act with child under fourteen years of age; any felony punishable by death or life imprisonment; any felony in which defendant personally inflicts great bodily injury on any person other than an accomplice or personally uses a firearm; attempted murder; assault with intent to commit rape or robbery; assault with a deadly weapon or instrument on a peace officer; assault by a life prisoner on a non-inmate; assault with a deadly weapon by an inmate; arson; exploding a destructive device or any explosive with intent to injure; exploding a destructive device or any explosive causing bodily injury, great bodily injury, or mayhem; exploding a destructive device or any explosive with intent to murder; burglary of an inhabited dwelling; robbery or bank robbery; kidnapping; holding a hostage by an inmate; attempt to commit a crime punishable by life imprisonment or death; any felony where defendant personally used a dangerous or deadly weapon; sale or furnishing heroin, cocaine, PCP, or methamphetamine to a minor; forcible penetration with a foreign object; grand theft involving a firearm; any gang-related felony; assault with the intent to commit mayhem or specified sex offenses; maliciously throwing acid or flammable substances; witness intimidation; assault with a deadly weapon or firearm or assault on a peace officer or firefighter; assault with a deadly weapon on a public transit employee; criminal threats; discharge of a firearm at an inhabited dwelling, vehicle, or aircraft; commission of rape or sexual penetration in concert; continuous sexual abuse of a child; shooting from a vehicle; any attempt to commit a “serious” felony other than assault; any violation of the 10 years, 20 years, 25 years to life gun law; possession or use of any weapon of mass destruction; human trafficking of a minor, except as provided; and any conspiracy to commit a “serious” felony. (Pen. Code, § 1192.7, subd. (c).)
Existing law additionally defines the following as a “serious felony” when the offense involves the personal infliction of great bodily injury on any person other than an accomplice, or the personal use of a dangerous or deadly weapon:
- Gross vehicular manslaughter while intoxicated and vehicular manslaughter while intoxicated;
- Gross vehicular manslaughter;
- Driving under the influence causing bodily injury;
- Evading a pursuing peace officer causing serious bodily injury or death; or
- Reckless driving causing great bodily injury when the person previously has been convicted of specified driving offenses, including reckless driving and DUI. (Pen. Code, § 1192.8.)
Existing law defines a “strike” prior as any “serious felony” listed in Penal Code sections 1192.7, subdivision (c) and 1192.8, and any “violent felony” listed in Penal Code section 667.5, subdivision (c). (Pen. Code, §§ 667, subd. (d)(1), 1170.12, subd. (b)(1).)
Existing law provides that where a defendant is convicted of any felony with a prior conviction for a single serious or violent felony, the sentence imposed must be twice the term otherwise provided as punishment. (Pen. Code, §§ 667, subd. (e)(1), 1170.12, subd. (c)(1).)
Existing law provides that a defendant, who is convicted of a felony, with prior convictions of two or more “violent” or “serious” felonies, must receive a life sentence with a minimum term of whichever is the greatest: 1) three times the term for each current felony conviction; 2) 25 years; or 3) the term determined by the court for the underlying conviction, including any applicable enhancements or time prescribed in other statutes, such as a minimum term or period of confinement. Requires this term to be served consecutive to any other term of imprisonment for which a consecutive term may be imposed by law. (Pen. Code, §§ 667, subd. (e)(2)(A) & (e)(2)(B), 1170.12, subd. (c)(2)(A) & (c)(2)(B).)
Existing law provides that if a defendant who has two or more prior serious or violent felony convictions, and the current offense is not a serious or violent felony, the defendant must instead be sentenced to twice the term otherwise provided as punishment, unless one of several specified circumstances is pled and proven by the prosecution. (Pen. Code, §§ 667, subd. (e)(2)(C), 1170.12, subd. (c)(2)(C).)
Existing law requires a defendant affected by a prior strike to be committed to state prison, and prohibits diversion or probation. (Pen. Code, §§ 667, subd. (c), 1170.12, subd. (a).)
Existing law requires consecutive rather than concurrent sentencing for multiple offenses committed by a defendant affected by a prior strike, unless the current felony convictions arise out of the same set of operative facts. (Pen. Code, §§ 667, subd. (c)(6), 1170.12, subd. (a)(6).)
Existing law specifies that all references to existing statutes in specified portions of the Three Strikes Law are to statutes as they existed on November 7, 2012. (Pen. Code, § 667, subd. (h).)
Existing law provides, notwithstanding Section 667(h), for all offenses committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in specified portions of the Three Strikes Law are to those statutes as they read on November 7, 2012. (Pen. Code, § 667.1, subd. (a).)
Existing law provides, notwithstanding Section 667(h), for all offenses committed on or after January 1, 2024, all references to existing statutes in specified portions of the Three Strikes Law are to those statutes as they read on January 1, 2024. (Pen. Code, § 667.1, subd. (b).)
Existing law specifies that for all offenses committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in specified portions of the Three Strikes Law are to statutes as they existed on November 7, 2012. (Pen. Code, § 1170.125, subd. (a).)
Existing law specifies that for all offenses committed on or after January 1, 2024, all references to existing statutes in specified portions of the Three Strikes Law are to those statutes as they read on January 1, 2024. (Pen. Code, § 1170.125, subd. (b).)
Existing law provides that a full, separate, and consecutive term may be imposed for each conviction of voluntary manslaughter, whether or not the offenses were committed during a single transaction. (Pen. Code, § 1170.16.)
Existing law makes it unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, or who has 0.08 percent or more, by weight, of alcohol (BAC) in their blood, to drive a vehicle (hereafter, “DUI”). (Veh. Code, § 23152, subds. (a), (b), (f), & (g).)
Existing law establishes graduated penalties for a first DUI, DUI with one prior, DUI with two priors, and DUI with three or more priors, including jail time, fines, IID installation, license suspension or revocation, and completion of a DUI program. (Veh. Code, §§ 13352, 13352.1, 23538, 23540, 23542, 23546, 23550, 23552, 23548, 23575.3.)
Existing law requires a 10-year license revocation if a person has been convicted of three or more DUIs or DUIs causing bodily injury, the last of which was punishable as a DUI or DUI causing bodily injury with two priors, a DUI with three or more priors, or as an alternate-felony misdemeanor because of a prior specified felony. (Veh. Code, § 23597, subd. (a).)
Existing law makes it unlawful for any person who is under the influence of any alcoholic beverage or drug, or the combined influence of the two, or who has a BAC of .08 or more, to drive a vehicle, and concurrently do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which proximately causes bodily injury to any person other than the driver (hereafter, “DUI causing bodily injury.”) (Veh. Code, § 23153 subds. (a), (f), & (g).)
Existing law establishes graduated penalties for a first DUI causing bodily injury, DUI causing bodily injury with one prior, and DUI causing bodily injury with two or more priors, including jail or prison time, fines, IID installation, license suspension or revocation, and completion of a DUI program. (Veh. Code, §§ 13352, 23554, 23556, 23560, 23562, 23566, 23568, 23575.3.)
Existing law provides that a person who proximately causes bodily injury or death to more than one victim in any one instance that results in a felony conviction of a DUI causing bodily injury, gross vehicular manslaughter while intoxicated, or vehicular manslaughter while intoxicated, shall receive a one-year sentence enhancement in state prison for each additional victim injured (maximum of three). (Veh. Code, § 23558.)
Existing law punishes a person convicted of a DUI causing bodily injury, where the violation proximately causes great bodily injury to any person other than the driver, and the offense occurred within 10 years of two or more priors, as a felony by imprisonment for two, three, or four years in state prison, a $1,015 to $5,000 fine, and a five-year license revocation (Veh. Code, §§ 23566, subd. (b), 13352 subd. (a)(6).)
Existing law provides that if a person is convicted for the above offense, and the underlying offense occurred within 10 years of four or more priors, there shall be an additional punishment of three years in state prison, which shall be served in addition and consecutive to the sentence imposed above. (Veh. Code, § 23566, subd. (c).)
Existing law makes any DUI or DUI causing bodily injury (hereafter, “any DUI”) an alternate felony-misdemeanor if that person has previously been convicted of certain impaired driving crimes:
- Punishes a person convicted of any DUI within 10 years of specified felonies – a DUI with three or more priors, a DUI causing bodily injury, or gross vehicular manslaughter – as an alternate-felony misdemeanor, a $390 to $1,000 fine, a four- or five-year license revocation (including a three-year designation as a habitual traffic offender ), and a three- or four-year IID mandate.[1] (Veh. Code, §§ 13352, subd. (a)(6)-(7); 23550.5, subds. (a), (c) & (d); 23575.3, subd. (h)(1)-(2).)
- Punishes a person convicted of any DUI, who has a prior conviction for felony vehicular manslaughter while intoxicated, as an alternate felony-misdemeanor, a fine of $390 to $1,000, a four- or five-year license revocation, and a three- or four-year IID mandate. (Veh. Code, §§ 13352 subd. (a)(6)-(7); 23550.5, subds. (b), (c) & (d); 23575.3, subd. (h)(1)-(2).)
Existing law requires the court, if a person is convicted of a DUI or a DUI causing bodily injury, to consider a BAC of .15 percent or more, or a person’s refusal to take a breath or urine test, as a special factor that may justify enhancing the penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation. (Veh. Code, § 23578.)
Existing law requires a court to advise a person convicted of a DUI or a DUI causing bodily injury, or who pleads to a reckless driving conviction in satisfaction of, or as a substitute for an original DUI charge, of the following: “You are hereby advised that being under the influence of alcohol or drugs, or both, impairs your ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If you continue to drive while under the influence of alcohol or drugs, or both, and, as a result of that driving, someone is killed, you can be charged with murder.” (Veh. Code, § 23593, subd. (a).)
Existing law requires the prosecutor, if the prosecution agrees to a plea of guilty or no contest to reckless driving in satisfaction of, or as a substitute for, an original charge of a DUI—also known as a wet reckless—to state for the record a factual basis for the satisfaction or substitution, including whether or not there had been consumption of an alcoholic beverage or ingestion or administration of a drug, or both, by the defendant in connection with the offense. (Veh. Code, § 23103.5, subd. (a).)
Existing law provides that a wet reckless is punishable by imprisonment in a county jail for 5 to 90 days, or by a fine of $145-1,000, or both. (Veh. Code, § 23103, subd. (c).)
Existing law provides that 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 driving under the influence, 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. Provides that gross vehicular manslaughter while intoxicated is punishable by imprisonment in the state prison for 4, 6, or 10 years. (Pen. Code, § 191.5, subds. (a), (c).)
Existing law provides that when a defendant has one or more prior convictions for gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, gross vehicular manslaughter, or DUI (with or without injury), the punishment for gross vehicular manslaughter while intoxicated is imprisonment in the state prison for a term of 15 years-to-life. (Pen. Code, § 191.5, subd. (d).)
Existing law provides that 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 driving under the influence, 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. Provides that vehicular manslaughter while intoxicated is punishable by imprisonment in a county jail for not more than one year, or imprisonment in the county jail for 16 months, 2 years, or 4 years. (Pen. Code, § 191.5, subd. (b).)
Existing law defines gross vehicular manslaughter as driving a vehicle in the commission of an unlawful act, not amounting to a felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence, except as provided. Provides that this type of vehicular manslaughter 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. (Pen. Code, §§ 192, subd. (c)(1), 193, subd. (c).)
Existing law requires the driver of a vehicle involved in an accident resulting only in damage to property, including vehicles, to immediately stop at the nearest location that will not impede traffic or jeopardize the safety of others. Requires that the driver also immediately either: locate and notify the owner or person in charge of that property of their name and address and present their driver’s license and vehicle registration to the other driver, property owner, or person in charge of that property; or leave a written note in a conspicuous place on the vehicle or other damaged property with the driver’s name, address, and a statement describing the circumstances as well as report the incident to law enforcement. Provides that failure to comply with these requirements is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding $1,000, or both. (Veh. Code, § 20002, subds. (a), (c).)
Existing law requires the driver of a vehicle involved in an accident that results in injury to or the death of another person to immediately stop at the scene of the accident. Provides that a violation is punishable by imprisonment in the state prison, or in a county jail for not more than one year, or by a fine of $1,000 to $10,000, or both. (Veh. Code, § 20001, subds. (a), (b)(1).)
Existing law provides that if the accident results in death or permanent, serious injury (i.e., the loss or permanent impairment of function of a bodily member or organ), a violation is punishable by imprisonment in the state prison for two, three, or four years, or in a county jail for between 90 days to one year, or by a fine of $1,000 to $10,000, or both. (Veh. Code, § 20001, subd. (b)(2).)
Existing law provides that if a person flees the scene of an accident after committing a vehicular manslaughter, vehicular manslaughter while intoxicated, or gross vehicular manslaughter while intoxicated, the punishment is an additional term of five years imprisonment in the state prison consecutive to the term imposed for the underlying conviction. (Veh. Code, § 20001, subd. (c).)
Existing law provides that any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years. (Pen. Code, § 12022.7, subd. (a).)
Existing law defines “great bodily injury,” for purposes of the enhancement statute, as a significant or substantial physical injury. (Pen. Code, § 12022.7, subd. (f)(1).)
Existing law prohibits the application of the great bodily injury enhancement to murder or manslaughter. Provides that the great bodily injury enhancement shall not apply if infliction of great bodily injury is an element of the offense. (Pen. Code, § 12022.7, subd. (g).)
This bill adds gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, and gross vehicular manslaughter to the violent felony list.
This bill allows full, separate, and consecutive terms for each violation of gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, and gross vehicular manslaughter. Provides that this provision is known as Kolya and Anya’s Law.
This bill creates mandatory sentences for hit and run offenses causing injury or death when the defendant has a prior conviction for wet reckless, DUI, gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, or gross vehicular manslaughter within the prior 10 years.
This bill requires imprisonment in the state prison or in a county jail for not more than one year for hit and run causing damage to property within 10 years of a separate conviction for wet reckless, DUI, gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, or gross vehicular manslaughter.
This bill creates a 3-year mandatory enhancement for each prior separate conviction of felony DUI, DUI with no injury and with three or more priors, DUI with bodily injury and specified priors, gross vehicular manslaughter while intoxicated, or vehicular manslaughter while intoxicated person, if the person was sentenced to prison or to serve the felony conviction in county jail, and the conviction occurred within the prior 10 years, and the current conviction is for one of those offenses.
This bill expands the application of the Watson advisement to apply in cases where DUI with no injury is dismissed or the defendant pleads not guilty or no contest to a different or lesser offense instead. Provides that this provision is known as Braun’s Law.
This bill makes other technical and conforming changes.
COMMENTS
- Need For This Bill
According to the author:
California has fallen behind the nation in addressing drunk and impaired driving, putting our citizens at risk. This is unacceptable and a disservice to all Californians. SB 907 sends a clear message: California will no longer prioritize protecting the repeat, serial offenders that terrorize our streets over victims of drunk driving. SB 907 strengthens California’s DUI enforcement and sentencing laws, particularly for repeat offenders. The bill includes 5 provisions that will protect California families from drunk drivers, improve road safety, hold repeat serial offenders accountable, and close loopholes in existing law. SB 907 shows California that their government takes our drunk driving epidemic seriously and we are committed to making our roads safe and prevent the types of tragedies that have become all too common. Having lost my own Granddaughter to a drunk driver, I have seen first hand the failures of our current system and know California must stand up for families and stand up for victims.
- Alcohol-Involved Traffic Fatalities
According to the most recent annual report on DUIs published by the California Department of Motor Vehicles (DMV), there were 110,017 DUI arrests in 2021.[2] Alcohol- and drug-impaired driving contribute significantly to traffic deaths and injuries in California. According to the California Office of Traffic Safety (OTS), 1,355 people were killed in alcohol-involved traffic crashes in 2023 in the state.[3] After a decade of increasing alcohol-involved crash fatalities, the latest data suggest this trend may be reversing. Like other fatal crashes, alcohol-involved crash fatalities decreased in California 4.5 percent between 2022 and 2023.[4]
Alcohol- and drug-involved crash fatalities (hereafter, “DUI crash fatalities”), which have historically comprised a significant portion of total crash fatalities, peaked at 2,065 in 2005, before declining to a multi-decade low of 1,416 in 2010.[5] While DUI crash fatalities have steadily increased since then, DUI crash fatalities comprise an increasingly smaller proportion of total crash fatalities. In 2013, DUI crash fatalities were responsible for 54.7% of all crash fatalities.[6] That percentage dropped to 41.7% in 2021—the lowest proportion of total crash fatalities since 2001.[7]
- Driving Under the Influence
California has a complex statutory framework for DUI offenses with graduated penalties that are largely tied to the specific offense and the number of prior DUI-related convictions.
DUI with no injury
Vehicle Code section 23152 governs DUIs when there is no injury. This code section includes several subdivisions that cover different types of conduct: driving under the influence of alcohol; driving under the influence of any drug; driving under the influence of alcohol and drugs; driving with a BAC of .08 or higher; driving with a BAC of .04 or higher when driving a commercial vehicle or a passenger for hire is a passenger in the vehicle; and driving a vehicle when addicted to the use of any drug. A first-time DUI with no injury is a misdemeanor punishable by 96 hours to six months in jail, and a fine between $390 and $1,000. (Veh. Code, § 23536.) In addition, a conviction requires a six-month driver license suspension which cannot be reinstated until showing proof of completion of a DUI program as well as applicable fines and penalty assessments. (Veh. Code, § 13352 subd. (a)(1).) A person who is convicted of a first DUI and granted probation is subject to the following additional conditions: a period of probation between three and five years; a requirement that the person not drive a vehicle with any measurable amount of alcohol in their blood; and, a requirement of spending the minimum time of 48 hours in confinement, if any, or of paying the minimum fine imposed by law is imposed. (Veh. Code, §§ 23154, 23538, 23600.)
DUI causing bodily injury
Vehicle Code section 23153 governs DUIs when there has been an injury. A first DUI causing bodily injury is punishable by 90 days to one year in county jail, or 16 months, 2 years, or 3 years in state prison, and by a fine of between $390 and $1,000. (Veh. Code, § 23554.) A one-year driver’s license suspension also applies which cannot be reinstated until showing proof of completion of a DUI program. (Veh. Code, § 13352, subd. (a)(2).) A person who is convicted of violating Vehicle Code section 23153 and granted probation is subject to the following conditions: confinement in the county jail for five days to one year; a fine of between $390 and $1,000; successful completion of a drug or alcohol education program, as specified; and a requirement that the person not drive a vehicle with any measurable amount of alcohol in their blood. (Veh. Code, §§ 23154, 23556, 23600.) A first-time offender whose BAC was less than .20 is required to participate in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions, for at least three months. (Veh. Code, § 23556, subd. (b)(3).) If a first-time offender had a BAC of .20 or more, the court must order the person to participate in a licensed program that consists of at least 60 hours of program activities, for at least nine months. (Veh. Code, § 23556, subd. (b)(4).)
DUI that causes death
When a person is driving under the influence of alcohol, drugs, or both, and causes a death, that conduct can be charged in several ways—vehicular manslaughter while intoxicated, gross vehicular manslaughter while intoxicated, and second-degree murder—depending on the facts. 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 one of several specified DUI laws, 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. (Pen. Code, § 191.5, subd. (b).) Vehicular manslaughter while intoxicated is a wobbler, and it is punishable by imprisonment in a county jail for not more than one year or by imprisonment in a county jail as a realigned felony for 16 months, two years, or four years. (Pen. Code, § 191.5, subd. (c)(2).)
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 (i.e., person under 21 with a BAC between .05-.07, DUI with no injury, or DUI with bodily injury) 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. (Pen. Code, § 191.5, subd. (a).) Gross vehicular manslaughter while intoxicated is a felony punishable by imprisonment in the state prison for 4, 6, or 10 years. (Pen. Code, § 191.5, subd. (c)(1).) However, if the person has one or more specified prior convictions (i.e., a prior conviction for gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, gross vehicular manslaughter, or DUI), the punishment is imprisonment in the state prison for a term of 15 years to life.
Finally, a person who kills another while driving under the influence may be charged with second-degree murder. Murder is the unlawful killing of a human being or fetus with malice aforethought. (Pen. Code, § 187, subd. (a).) Malice may be express or implied. (Pen. Code, § 188, subd. (a).) Malice is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart. (Pen. Code, § 188, subd. (b).) In the case of a person who kills another person while driving under the influence, the defendant may be charged with second-degree murder 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 People v. Watson which will be discussed in Section 5 of this analysis.
Felony DUI
In general, a DUI without injury cannot be charged as a felony until the fourth DUI in a 10-year period. (Veh. Code, §§ 23550, 23550.5.) Prior convictions that apply include convictions for DUI, DUI with bodily injury, and wet reckless. (Veh. Code, § 23550.) Expunged convictions continue to count as priors. The punishment for felony DUI is imprisonment in county jail for 16 months, 2 years, or 3 years, and by a fine of $390 to $1,000. (Ibid.) The person’s privilege to operate a motor vehicle must be revoked by the DMV, and the person is required to surrender their driver license to the court. (Ibid.)
Notably, a DUI without injury can also be charged as a felony if the defendant has a prior conviction for felony DUI within the prior 10 years. (Veh. Code, § 23550.5.) The punishment under Vehicle Code section 23550.5 is 16 months, 2 years, or 3 years in state prison.
Wet reckless
Sometimes a DUI charged under Vehicle Code section 23152 (DUI without injury) is pled down to reckless driving. (Veh. Code, § 23103.5.) This is known as a wet reckless. If the prosecution agrees to a plea of guilty or no contest to reckless driving in satisfaction of, or as a substitute for, an original charge of a violation of Section 23152, the prosecutor must state for the record a factual basis for the satisfaction or substitution, including whether or not there had been consumption of an alcoholic beverage or ingestion or administration of a drug, or both, by the defendant in connection with the offense. (Veh. Code, § 23103.5, subd. (a).) The statement must set forth facts that show whether or not an alcoholic beverage was consumed or a drug was ingested or administered by the defendant in connection with the offense. (Ibid.)
Prior to the acceptance of the plea, the court must advise the defendant of the consequences of a conviction of reckless driving that involved the consumption of an alcoholic beverage or the ingestion or administration of a drug by the defendant in connection with the offense. (Veh. Code, § 23103.5, subd. (b).) As noted above, a conviction for reckless driving involving alcohol or drugs is considered a prior offense in a future DUI prosecution. (Veh. Code, § 23103.5, subd. (c).) A wet reckless is punishable by imprisonment in a county jail for 5 to 90 days, or by a fine of $145-1,000, or both. (Veh. Code, § 23103, subd. (c).)
If the defendant is placed on probation for a conviction of a wet reckless, the court must order the defendant to enroll in an alcohol and drug education program and complete, at a minimum, the educational component of that program, as a condition of probation. (Veh. Code, § 23103.5, subd. (e).) If the defendant is placed on probation for a conviction of a wet reckless which occurred within 10 years of a separate conviction of reckless driving originally charged as DUI, or within 10 years of a conviction of DUI or DUI with bodily injury, the court must order the defendant to participate in a program for nine months or longer that consists of at least 60 hours of program activities, including education, group counseling, and individual interview sessions. (Veh. Code, § 23103.5, subd. (f).)
In addition, the court may require a person convicted of a wet reckless to install an IID on any vehicle that the person operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified IID. (Veh. Code, § 23103.5, subd. (g).) An order for the IID restriction must be for at least three months, but no longer than the term that would have applied to the defendant if they had instead been convicted of a DUI. (Ibid.)
- Other Offenses
Gross vehicular manslaughter
Gross vehicular manslaughter is defined as driving a vehicle in the commission of an unlawful act, not amounting to a felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence. (Pen. Code, § 192, subd. (c)(1).)[8] Gross vehicular manslaughter 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. (Pen. Code, § 193, subd. (c).)
Hit and run with no injury
Vehicle Code section 20002 requires the driver of a vehicle involved in an accident resulting only in damage to property, including vehicles, to immediately stop at the nearest location that will not impede traffic or jeopardize the safety of others. The driver must also immediately either: locate and notify the owner or person in charge of that property of their name and address and present their driver’s license and vehicle registration to the other driver, property owner, or person in charge of that property; or leave a written note in a conspicuous place on the vehicle or other damaged property with the driver’s name, address, and a statement describing the circumstances as well as report the incident to law enforcement. (Veh. Code, § 20002, subd. (a).) Failure to comply with these requirements is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding $1,000, or both. (Veh. Code, § 20002, subd. (c).)
Hit and run causing injury or death
Vehicle Code section 20001 requires the driver of a vehicle involved in an accident that results in injury to or the death of another person to immediately stop at the scene of the accident. A violation is punishable by imprisonment in the state prison, or in a county jail for not more than one year, or by a fine of $1,000 to $10,000, or both. If the accident results in death or permanent, serious injury (i.e., the loss or permanent impairment of function of a bodily member or organ), a violation is punishable by imprisonment in the state prison for two, three, or four years, or in a county jail for between 90 days to one year, or by a fine of $1,000 to $10,000, or both. The court may reduce or eliminate the minimum imprisonment required in the interests of justice.
If a person flees the scene of an accident after committing a vehicular manslaughter, vehicular manslaughter while intoxicated, or gross vehicular manslaughter while intoxicated, the punishment is an additional term of five years imprisonment in the state prison consecutive to the term imposed for the underlying conviction. (Veh. Code, § 20001, subd. (c).)
- Watson Advisement
In affirming a second-degree murder conviction for a DUI resulting in death, the California Supreme Court held in People v. Watson (1981), 30 Cal.3d 290, 298, that “when the conduct in question can be characterized as a wanton disregard for life, and the facts demonstrate a subjective awareness of the risk created, malice may be implied.” Prosecutors, however, often had a difficult time proving that a person was aware of the risk to others. AB 2173 (Parra), Chapter 502, Statutes 2004, was introduced as a result with the stated intent of aiding prosecutors in proving implied malice in second-degree murder cases that arose out of DUI cases resulting in death by “making it clear that those individuals were aware of the danger they posed to others by drinking and driving as a result of the statement required by this bill which they signed after the original DUI conviction.” (Assem. Com. on Pub. Safety, Analysis of Assem. Bill No. 2173 (2003-2004 Reg. Sess.) as introduced February 18, 2004, p. 4.)
Vehicle Code section 23593, codified by AB 2173, requires the court to provide a person convicted of a wet reckless driving offense or DUI with the following advisement:
“You are hereby advised that being under the influence of alcohol or drugs, or both, impairs your ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If you continue to drive while under the influence of alcohol or drugs, or both, and, as a result of that driving, someone is killed, you can be charged with murder.”
This bill requires the court to read the defendant the Watson advisement in a case in which the court dismisses an allegation of DUI with no injury, or a defendant pleads guilty or no contest to a different or lesser offense as a substitute for an alleged DUI with no injury. The effect is to make it easier for a prosecutor to obtain a conviction for second-degree murder in a subsequent case in which the defendant is accused of killing someone while driving under the influence of alcohol or drugs, and the defendant was originally charged in the current case with DUI but the charge was dismissed or the defendant pled to a lesser or different offense as a substitute for the alleged DUI.
- Sentencing Laws
The basic California Determinate Sentencing Law (DSL) involves the imposition of a lower, middle, or upper term. Current law prohibits the court from imposing a sentence that exceeds the middle term unless there are aggravating circumstances that justify the upper term. (Pen. Code, § 1170, subd. (b)(1) & (2).)
Penal Code section 669 governs whether the sentences for multiple convictions are served concurrently or consecutively. Concurrent sentences are served simultaneously, and consecutive sentences are served upon completion of one another. Life sentences may be imposed to run consecutively with one another, with any term imposed for applicable enhancements, or with any other term of imprisonment for a felony conviction. (Pen. Code, § 669, subd. (a).) If a life sentence is ordered to run consecutive to a determinate term, the determinate term is served first. (Ibid.) If the court fails to specify how the second or subsequent sentence will run, the terms run concurrently. (Pen. Code, § 669, subd. (b).)
The Rules of Court provide guidance to judges when deciding whether to impose consecutive or concurrent sentences. In making its decision, the court considers facts relating to the crimes, including whether or not the crimes and their objectives were predominantly independent of each other; the crimes involved separate acts of violence or threats of violence; or the crimes were committed at different times or separate places, rather than being committed so closely in time and place as to indicate a single period of aberrant behavior. (Cal. Rules of Court, rule 4.425(a).) Any circumstances in aggravation or mitigation, whether or not the factors have been stipulated to by the defendant or found true beyond a reasonable doubt at trial by a jury or the judge in a court trial, may be considered in deciding whether to impose consecutive rather than concurrent sentences, except: a fact used to impose the upper term; a fact used to otherwise enhance the defendant’s sentence in prison or county jail (if a realigned felony); and a fact that is an element of the crime. (Cal. Rules of Court, rule 4.425(b).)
When a consecutive term of imprisonment is imposed, the aggregate term of imprisonment for all convictions is the sum of the principal term, the subordinate term, and any additional term imposed for applicable enhancements. (Pen. Code, § 1170.1, subd. (a).) The principal term is the greatest term of imprisonment imposed by the court for any of the crimes, including any term imposed for applicable specific enhancements, and the subordinate term for each consecutive offense consists of one-third of the middle term of imprisonment prescribed for each other felony conviction for which a consecutive term of imprisonment is imposed, including one-third of the term imposed for any specific enhancements applicable to those subordinate offenses. (Ibid.) Current law specifies that whenever a court imposes a term of imprisonment in the state prison, whether the term is a principal or subordinate term, the aggregate term must be served in the state prison. (Ibid.)
Many defendants are subject to sentencing under special sentencing schemes, such as the Three Stikes law, that were enacted after and apart from the DSL. Special sentencing schemes often overlap with sentence enhancements. For example, a defendant who has previously been convicted of two or more serious or violent felonies and who is convicted of a serious felony in the current case must be sentenced to a term of at least 25 years-to-life under the Three Strikes law. The court must also impose a five-year enhancement for each prior serious felony. (Pen. Code, §§ 667, subd. (a)(1).) Notably, enhancements may be stricken or dismissed by the court if in the furtherance of justice. (Pen. Code, § 1385.) Additionally, the court generally must impose consecutive terms in most Three Strikes cases. (Pen. Code, §§ 667, subds. (b) & (c), 1170.12, subd. (a).) If the multiple current felony convictions were committed on the same occasion or arose from the same set of operative facts, consecutive sentencing is not mandatory. (Ibid.)
It should be noted that the serious felonies list includes all the offenses on the violent felonies list in addition to other offenses. For purposes of prior convictions, there are offenses that are classified as both violent and serious. Each type of prior conviction—serious or violent—has associated mandatory enhancements. (Pen. Code, §§ 667, subd., (a), 667.5, subd. (a).)
However, two enhancements cannot be imposed for that same prior conviction; only the greater enhancement can be imposed. (People v. Jones (1993) 5 Cal.4th 1142, 1147-1153.)
This bill amends Penal Code section 1170.16 which allows for a full, separate, and consecutive term to be imposed for each violation of voluntary manslaughter whether or not the offenses were committed during a single transaction, to add gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, and gross vehicular manslaughter.
This bill also amends Vehicle Code section 20001, hit and run causing injury, to create mandatory sentences when the hit and run offense occurs within 10 years of a separate conviction for wet reckless, DUI (with or without bodily injury), gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, or gross vehicular manslaughter. If the current offense is a hit and run causing injury, the sentence is a 2-, 3-, or 4-year prison term. If the current offense is a hit and run causing injury, and the injury results in death or permanent, serious injury, the sentence is a 2-, 4-, or 6-year prison term.
This bill additionally amends Vehicle Code section 20002, hit and run resulting only in damage to property, to require either imprisonment in the state prison or in a county jail for not more than one year, if the hit and run offense occurs within 10 years of a separate conviction for wet reckless, DUI (with or without bodily injury), gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, or gross vehicular manslaughter.
Finally, this bill creates a 3-year mandatory enhancement for each prior separate conviction of felony DUI, DUI with no injury and with three or more priors, DUI with bodily injury and specified priors, gross vehicular manslaughter while intoxicated, or vehicular manslaughter while intoxicated person, if the person was sentenced to prison or to serve the felony conviction in county jail, the prior conviction occurred within the prior 10 years, and the current conviction is for one of those offenses.
- Effect of Adding Crimes to the Violent Felony List
Enhancement attaches
The offenses that are considered a “violent” felony are enumerated in Penal Code section 667.5, subdivision c. When a person is convicted of a violent felony, the court is required to impose a three-year term for each prior separate prison term served by the defendant when the prior offense was a violent felony. (Pen. Code, § 667.5, subd. (a).) The enhancement will not be imposed if 10 years have passed since the prison term, and the person has “remained free of prison custody” or been convicted of a felony in the interim. (Ibid.) “Prison custody” for an offense means “until the official discharge from custody” which includes any period of mandatory supervision, or until release on parole or postrelease community supervision, whichever occurs first. (Pen. Code, § 667.5, subd. (d).) For purposes of this enhancement, a prior prison term also includes time served in a county jail upon conviction of a realigned felony and any confinement time in a federal prison. (Pen. Code, § 667.5, subds. (e), (h).) Additionally, a prior felony conviction includes a conviction in another jurisdiction for an offense which, if committed in California, is punishable by imprisonment in the state prison or as a realigned county jail felony, if the defendant served at least one year in prison for the offense in the other jurisdiction. (Pen. Code, § 667.5, subd. (f).) This enhancement must be charged and admitted or found true. (Pen. Code, § 667.5, subd. (d).)
Because this bill adds crimes to the violent felonies list, this enhancement will attach. This means that if a person is convicted of gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, or gross vehicular manslaughter, and has a prior conviction for a violent felony, the person is subject to the additional 3-year term for the prior prison term if it occurred within 10 years of the current offense.
Three Strikes implications
In 1994, the Legislature passed AB 971 (Jones), Chapter 12, Statutes of 1994—which defined qualifying “strikes” as those felonies listed as “serious” or “violent” on June 30, 1993—and it was signed into law. Later that year, California voters passed Proposition 184 which was identical to AB 971. Collectively, Proposition 184 and AB 971 became known as California’s Three Strikes law which imposes longer prison sentences for certain repeat offenders. Proposition 21 of the March 2000 primary election added to the lists of serious and violent felonies and defined qualifying prior strikes as a felony classified as serious or violent as of March 8, 2000, the date that the Proposition 21 took effect.
The Three Strikes law requires a person who is convicted of a felony and who previously has been convicted of one or more violent or serious felonies, known as strikes, to be subject to enhanced penalties. Specifically, if the person has one prior strike, the sentence on any new felony conviction must be double what is specified by statute. If the person has two prior strikes, the sentence on any new felony conviction was 25 years to life, although this provision was amended by Proposition 36, approved by voters in 2012, to require that the third strike be a serious or violent felony in order to impose the life term.
The Three Strikes law contains two statutory “lock-in” dates. The effect of the lock-in dates is to provide that the listed offenses are “strikes” as of those dates. For example, the lock-in date for all offenses committed prior to January 1, 2024 is November 7, 2012. For all offenses committed on or after January 1, 2024, the lock in date is January 1, 2024. As long as an offense is deemed a strike as of the listed date, the Three Strikes sentencing provisions apply to enhance a person’s sentence even if the person was convicted of the offense prior to it being deemed a strike. (People v. James (2001) 91 Cal.App.4th 1147, 1150-1151.)
Proponents of the Three Strikes law argued that the law would “keep[] career criminals … behind bars where they belong.”[9] However, research shows that a decline in crime rates had already began prior to the passage of the law. According to a 2005 report by the Legislative Analyst’s Office:
The overall crime rate in California, as measured by the Department of Justice’s California Crime Index, began declining before the passage of the Three Strikes law. In fact, the overall crime rate declined by 10 percent between 1991 and 1994. The crime rate continued to decline after Three Strikes, falling by 43 percent statewide between 1994 and 1999, though it has risen by about 11 percent since 1999. Similarly, the violent crime rate declined by 8 percent between 1991 and 1994 and then fell an additional 43 percent between 1994 and 2003. It is important to note that these reductions appear to be part of a national trend of falling crime rates. National crime rates-as reported by the Federal Bureau of Investigation’s Uniform Crime Report-declined 31 percent between 1991 and 2003, with violent crime declining 37 percent over that period. Researchers have identified a variety of factors that likely contributed to these reductions in national crime rates during much of the 1990s including a strong economy, more effective law enforcement practices, demographic changes, and a decline in handgun use.
(LAO, A Primer: Three Strikes - The Impact After More Than a Decade (Oct. 2005) <https://www.lao.ca.gov/2005/3_strikes/3_strikes_102005.htm>.)
Research also shows that the law disproportionately impacts people of color. According to the Committee on the Revision of the Penal Code’s 2021 annual report:
More than 33,000 people in prison are serving a sentence lengthened by the Three Strikes law — including more than 7,400 people whose current conviction is neither serious nor violent. The population sentenced under the Three Strikes law is a third of the total prison population.
80% of people sentenced under the Three Strikes law are people of color. As with the entire prison population, the racial disparities are even more prevalent for young people sentenced under the law: 90% of those who were 25 or younger at the time of the offense and serving a sentence under the Three Strikes law are people of color.
…
Concerns that the law disproportionately impacted people of color began a few years after it was passed. People of color, particularly Black people, are arrested and prosecuted at disproportionate rates, and the Three Strikes law perpetuates these disparities by subjecting people to harsher penalties once they become justice-involved. While Black people account for less than 30% of the entire prison population, they account for 45% of people serving a third strike sentence.
(Committee on Revision of the Penal Code (CRPC), Annual Report and Recommendations 2021, pp. 41, 46, fn. omitted. <https://clrc.ca.gov/CRPC/Pub/Reports/CRPC_AR2021.pdf>.)
The Committee ultimately recommended eliminating or substantially limiting the use of the Three Strikes law, and applying any changes to the law retroactively. (CPRC, Annual Report 2021, supra, at p. 47.)
By adding offenses to the violent felony list, this bill has Three Stikes implications.
Credit earning impacted
Individuals who are serving time in prison for a non-violent felony (i.e., a felony not on the violent felony list outlined in Penal Code section 667.5) are eligible to earn credits at a rate of 50%. Effective May 1, 2021, the California Department of Corrections and Rehabilitation (CDCR) increased the rate of Good Conduct Credits earned for individuals serving time for a conviction for a violent felony from 20% to 33.3%, and from 33.3% to 50% for individuals serving time for a conviction for a non-violent second or third strike.[10]
By classifying certain offenses as violent felonies, individuals serving sentences for those violent felonies would earn credits at a lower rate than under current law.
Immigration consequences
The Values Act, which became effective on January 1, 2018, limits the involvement of state and local law enforcement agencies in federal immigration enforcement. It prohibits law enforcement agencies from using resources to investigate, interrogate, detain, detect, or arrest people for immigration enforcement purposes. It also places limitations on the ways in which law enforcement agencies can collaborate with federal task forces that involve elements of immigration enforcement.
The Values Act was an expansion of prior state law, the TRUST Act, which prohibited law enforcement from honoring federal immigration holds unless the detainee had a criminal history involving a serious or violent felony. The Values Act contains some exceptions that allow law enforcement agencies to cooperate with immigration authorities. For example, under the Values Act, law enforcement is allowed to engage with immigration authorities under specified circumstances, including responding to notification and transfer requests when the individual has been convicted of a serious or violent felony. (Gov. Code, § 7282.5, subd. (a).) Law enforcement is additionally permitted to cooperate with immigration officials in cases in which the person is arrested and taken before a judge on a charge involving a serious or violent felony, or a felony that is punishable by imprisonment in state prison, and the judge makes a finding of probable cause as to that charge. (Gov. Code, § 7282.5, subd. (b).)
By adding gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, and gross vehicular manslaughter to the violent felony list, individuals arrested for these crimes and who are in the state unlawfully, would not be protected under the Values Act. This means that a person who is arrested for gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, or gross vehicular manslaughter and held in jail custody could be turned over to federal immigration officials.
Collateral consequences other than immigration consequences
A conviction for a violent felony can result in other collateral consequences in addition to the immigration consequences mentioned above. According to the Committee on the Revision of the Penal Code’s 2025 annual report:
The violent felony list was intended to reflect the Legislature’s judgment that such offenses merited “special consideration … to display society’s condemnation for extraordinary crimes of violence”…
Over time, these classifications have expanded to cover dozens of additional offenses … [C]onvictions for these offenses also trigger dozens of other consequences, including exclusion from automatic record expungement, restricted access to professional licenses and employment, and negative effects in family and dependency court.
…
Given that the strike framework will continue to operate, the Committee recommends changes to restore rationality and proportionality to its application by narrowing the lists and ensuring consistency across comparable offenses
(CRPC, Annual Report and Recommendations 2025, pp. 46-47, fn. omitted. <https://clrc.ca.gov/CRPC/Pub/Reports/CRPC_AR2025.pdf>.)
Appendix C of the report outlines the interaction between a conviction for a violent felony and various sentencing laws (e.g., laws prohibiting probation from being granted on a new felony conviction if the person has a prior violent conviction, requiring that a person serve their sentence in prison when the person has a prior violent felony conviction, etc.), limitations on employment and volunteering (e.g., a person who has a conviction for a violent felony cannot obtain a teaching credential unless the person has obtained a certificate of rehabilitation or pardon, a person convicted of a violent offense is ineligible to be hired or serve as a volunteer in county or city-operated parks, playgrounds, recreational centers, or beaches if the position involves supervisory or disciplinary authority over minors, and the person was incarcerated within the last 10 years for that offense, etc.), and limitations on placements within CDCR facilities (e.g., a person convicted of a violent felony is ineligible to participate in the alternative custody program, generally ineligible for community treatment programs for mothers, etc.) (CPRC, Annual Report 2025, supra, at pp. 62-71.)
- Major Provisions of This Bill
This bill has several components that are generally designed to increase criminal penalties by creating a mandatory enhancement and mandatory sentences, authorizing consecutive sentencing, and implicating the Three Strikes law.
Expansion of the violent felony list
This bill adds gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, and gross vehicular manslaughter to the violent felony list. In doing so, this bill allows for existing enhancements outlined in Penal Code section 667.5 to attach for each prior prison term that the defendant served for a violent felony. In addition, adding these offenses to the violent felony list makes them strikeable offenses for purpose of the Three Strikes law. Finally, the addition of these crimes to the violent felony list will result in different credit earning for a person incarcerated in state prison and expose individuals with convictions for these offenses to additional or different collateral consequences than those that exist under current law.
Given the multitude of effects resulting from additions to the violent felony list, the Committee may wish to consider whether it is prudent to add to the violent felony list at this time.
Increased penalties
This bill allows for a full, separate, and consecutive term to be imposed for each violation of gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, and gross vehicular manslaughter whether or not the offenses were committed during a single transaction.
Next, this bill creates mandatory sentences when the hit and run offense occurs within 10 years of a separate conviction for wet reckless, DUI (with or without bodily injury), gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, or gross vehicular manslaughter.
This bill additionally requires either imprisonment in the state prison or in a county jail for not more than one year, if a hit and run offense (not causing injury) occurs within 10 years of a separate conviction for wet reckless, DUI (with or without bodily injury), gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated, or gross vehicular manslaughter.
Finally, this bill creates a mandatory 3-year enhancement for each prior separate conviction of felony DUI, DUI with no injury and with three or more priors, DUI with bodily injury and specified priors, gross vehicular manslaughter while intoxicated, or vehicular manslaughter while intoxicated person, if the person was sentenced to prison or to serve the felony conviction in county jail, and the conviction occurred within the prior 10 years, and the current conviction is for one of those offenses.
Given the sentencing changes that the Legislature has enacted over the past decade (e.g., allowing courts to dismiss certain enhancements) and the effect that mandatory and consecutive sentencing has historically had on the state’s prison population, the Committee may wish to consider whether creating mandatory sentences and enhancements or authorizing consecutive sentences would be prudent.
Watson advisement
This bill expands the application of the Watson advisement to apply in cases where DUI with no injury is dismissed or the defendant pleads not guilty or no contest to a different or lesser offense instead.
Given the purpose of the Watson advisement and the types of crimes for which a conviction triggers the advisement under current law, the Committee may wish to consider whether it is appropriate to expand the application of the advisement to these types of cases, particularly to “different” (and not necessarily lesser included) offenses for a DUI charge.
- Argument in Support
According to the Los Angeles County District Attorney’s Office, one of the bill’s co-sponsors:
California’s DUI laws are among the weakest in the nation, which has resulted in devastating outcomes. Alcohol-related roadway deaths have surged more than 50 percent in the last decade, twice the national rate. Of the 50 largest cities in the country, California has eight of the top ten highest DUI rates. We regularly see the human cost in our courtrooms, where repeat offenders cause catastrophic crashes and families lose loved ones forever.
SB 907 aims to strengthen California’s DUI and vehicular manslaughter laws, particularly for repeat offenders. The bill proposes several key fixes to existing laws. First, the “Braun’s Law” portion of the bill would ensure that individuals whose DUI charges are dismissed or pled down to a lesser or different charge are advised with a Watson warning of the serious consequences of driving while impaired, which include being charged with second degree murder the next time they drive while intoxicated and kill someone.
SB 907 contains a provision that allows full term consecutive sentencing for multiple violations of gross vehicular manslaughter and vehicular manslaughter while intoxicated. Under existing law, when a drunk driver crashes into and kills multiple innocent victims, the second and subsequent victim’s death results in only 1/3 the midterm of the sentence the defendant would receive if they only killed one victim. This is not a just outcome.
SB 907 also includes two important provisions that address repeat offenders. The bill allows for enhancements for prior felony DUI convictions upon a new felony DUI and increases sentencing for committing a hit and run if the driver has a prior DUI conviction within 10 years.
Under existing laws, repeat offenders understand that they benefit by running away from their crime. If the individual driving under the influence can delay apprehension until after the drug or alcohol is out of their system, it is likely that they will only be charged with a hit and run.
Finally, SB 907 adds gross vehicular manslaughter and vehicular manslaughter while intoxicated to the violent felony list, closing a loophole where someone who kills someone while driving drunk can serve less time than someone who injures another person.
SB 907 provides a timely and much needed fix to California’s existing laws addressing drunk driving and vehicular manslaughter. In so doing, SB 907 aims to close loopholes in the law, save lives and make communities safer.
- Argument in Opposition
The California Public Defenders Association writes:
SB 907 would enact six separate amendments to sentencing law for vehicular offenses. The first, and most draconian, is that it would include three forms of vehicular manslaughter in the list of “violent offenses” contained in the State’s “Three Strikes” law. … This severe sentencing law has been reserved for our most dangerous recidivist offenders committing the most heinous, intentionally violent offenses, such as murder, voluntary manslaughter, rape, carjacking, and continuous sexual abuse of a child.
Ever since People v. Watson (30 Cal.3d 290) in 1980 it has been possible to prosecute a drunk driver for murder if they acted with “malice aforethought” as proven by their intentional commission of an act specifically known by them to be dangerous to human life and done deliberately and with conscious disregard for human life. Voluntary manslaughter, which is also on the “violent felony” list, requires that the offender act with the specific intent to kill.
By contrast, the three vehicular manslaughter offenses that SB 907 would add to the list of violent offenses requiring Three Strikes treatment do not require malice aforethought and do not require an intent to kill. …
… These offenses are not in the same heinous and violent category as the other violent offenses in the Three Strikes list. … They do not require malice, the commission of a felony, intentional violence, or even recklessness. …
Additionally, SB 907 would require that any sentence for the three forms of vehicular manslaughter described above would have to be full, separate, and consecutive to any other felony sentence. This would bring it into the same sentencing treatment currently allotted to voluntary manslaughter under Penal Code section 192(a). However, voluntary manslaughter has earned that treatment because it requires proof of an intent to kill thus was deemed to merit inclusion as a Three Strikes violent felony. Vehicular manslaughter is different … Because of this lack of violent intent, disparate sentencing treatment from that of voluntary manslaughter is fully appropriate. …
SB 907 would increase the sentence for a hit and run with injury … in a case where the offender has been convicted of one of the three manslaughters discussed above, or a DUI or alcohol related reckless driving in the previous 10 years. … [T]he enhancement proposed here is anomalous because it seeks to enhance a sentence for one Vehicle Code offense by virtue of a totally different and unrelated prior vehicular offense. The rational basis for such an enhancement bears careful examination, especially when it creates a new straight felony with significant state prison time.
SB 907 would create a miscarriage of justice by sending someone who was not liable for an accident to prison because they had a DUI in the last 10 years. The most frequent reasons for hit-and-run are lack of insurance and lack of a valid driver’s license … The sole purpose of the law is to render aid if necessary and to exchange information necessary to an orderly determination of liability. There does not appear to be any evidence to support the proposition that because the offender had a DUI in the past 10 years that any subsequent hit-and-run is because they were drunk driving again thus warranting harsher punishment. Such speculation is without foundation and totally contrary to the American system of justice. …
…
… SB 907 would require that any state prison sentence for felony DUI or vehicular manslaughter under P.C. 191.5 would be enhanced by three years for every prior conviction within 10 years for any of the same offenses. Over the past several years almost most sentence enhancements for felony priors have been repealed. … SB 907 seems to be trying to reverse the recent direction, but for offenses that do not carry the same violence and moral culpability that might justify it. …
The sixth and final amendment proposed by this bill would require a so-called “Watson advisement” under Vehicle Code section 23593 upon sentencing for any offense that started as a DUI whether or not the final sentencing charge has anything to do with DUI. … However, if a charge starts as a DUI but ends as a charge that is not alcohol related and includes no statement on the record that it is alcohol related, requiring an advisement in that situation would be to engage in a fiction. Just because there was a DUI arrest or charge does not mean that it is true, and if the defendant is convicted of an unrelated charge he cannot be on notice that his so-called “actions” are dangerous. What if the substituted charge was speeding or illegal right turn? …
Aside from the specific objections to individual amendments, we have more general concerns about SB 907. It is ineffective, costly and treats a mental health problem, substance/dependence, as a criminal justice issue by treating drunk drivers as violent offenders. Existing data does not correlate increased DUI penalties with reduced drunk driving fatality rates. …
… SB 907 significantly undermines judicial discretion by mandating a “one size fits all” form of justice. … Judicial discretion to order treatment is integral to adequately address the root cause of DUIs.
… SB 907 will exacerbate disparities in the criminal justice system. It will accelerate the disproportionate collateral consequences of California’s existing DUI enforcement, particularly for people of color, immigrants, and people experiencing poverty or economic instability. ...
…
While we share this bill’s goal of preventing future drunk driving deaths and are eager to collaborate on solutions that will meaningfully achieve that goal, for the multiple reasons stated above we do not believe SB 907, as currently framed, will be effective in that regard.
-- END --
If the conviction is for a DUI, it is a three-year IID term. (Veh. Code, §23575.3, subd. (h)(1)(D).) If it is for a DUI causing bodily injury, then it is a four-year IID term. (Veh. Code, §23575.3, subd. (h)(2)(D).) ↑
DMV, 32nd Annual Report of the California DUI Management Information System (Oct. 2025), summary statistics <https://www.dmv.ca.gov/portal/file/32nd-annual-report-dui-management-information-system-pdf>. ↑
OTS, California’s Annual Report Fiscal Year 2025 (Mar. 2026), p. 8 <https://www.ots.ca.gov/wp-content/uploads/sites/67/2026/03/FY_2025_Annual_Report_Final.pdf>; OTS, California Traffic Safety Quick Stats available at <https://www.ots.ca.gov/ots-and-traffic-safety/score-card/>. ↑
OTS, Annual Report, supra, at p. 8. ↑
DMV, DUI Summary Statistics <https://www.dmv.ca.gov/portal/dmv-research-reports/research-development-data-dashboards/dui-management-information-system-dashboards/dui-summary-statistics/>. ↑
Ibid. ↑
Ibid. ↑
The definition of vehicular manslaughter included in Penal Code section 192, subdivision c, includes two other types of vehicular manslaughter. However, this bill only amends existing law as it relates to gross vehicular manslaughter, defined in subdivision (c)(1) of Section 192. ↑
Secretary of State, Voter Information Guide, 1994 General Election, Argument in Favor of Proposition 184, p. 36 <https://repository.uclawsf.edu/cgi/viewcontent.cgi?article=2090&context=ca_ballot_props>. ↑
CDCR, In-Prison Credit-Earning Opportunity <https://www.cdcr.ca.gov/proposition57/>. ↑
